Employment Law Explained

Category Archives: Personal Injury

The Changing Face of the Employer & Employee Claims Market

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 Under new government plans, injured workers will have to fight harder to get the compensation they deserve. Making employees prove the company’s negligence favours insurance businesses over the average taxpayers.

Compensation will be reduced for injured employees to reduce the need for companies to bulletproof their health and safety system. It’s believed that this will increase the number of courtroom battles, even if the amount of claims are reduced, thanks to a new clause in the Enterprise and Regulatory Reform bill.

What Does This Mean for Employees?

Concerned About Health and Safety in the Office?

If you are worried about your health and safety in your workplace, Roberts Jackson explores the regulations an employer must implement to protect you from harm.

Both employers and employees should be aware of the health and safety regulations that must be adhered to in an office environment.

A business should use good management and common sense to perform a risk assessment and implement sensible measures to combat potential hazards to workers. Meanwhile, employees should adhere to policies put in place to protect themselves and others from harm.

Something for the Weekend?

 

 

 

In last week’s Solicitors’ Journal there was an interesting article on a proposed amendment to the Enterprise and Regulatory Reform Bill which may make it significantly harder for employees to succeed with personal injury claims against their employer. A subscription is needed to read the whole article.

Whiplash Reform Plans Criticised

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The Motor Accident Solicitors Society (MASS) has attacked the government for its proposals to reform the way whiplash is diagnosed and treated within the justice system.

Its chairman Craig Busworth has said it is irresponsible to even consider making changes to the civil justice system at the present time and says the changes which will come via the Legal Aid, Sentencing and Punishment of Offenders Bill and alterations to the RTA Portal, will lead to great uncertainty as well as fundamentally altering the balance between defendants and claimants.

Conservative Bill doubles back to 1970’s Health and Safety Laws.

 Most British employers are proud of the high duty of care provided to their employees.  Through creating a safe and secure environment for workers it allows them to focus on what’s important to the business; delivering results. The government has recently pledged a commitment to change 86% of the UK Health and Safety legislation by 2014 to favour employers. This would prevent a significant amount of the personal injury lawsuits active today from ever reaching the courts.

Avoiding Ladder Accidents at Work

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Almost seen as the emblem of a work related accident, ladders are objects many of us fear; and rightly so. Thousands of workers fall victim to ladder falls each year, with some of these accidents even proving fatal. Ladders can slip, slide, tip or even break and for this reason, many of those using them justifiably feel as though they’re never safe from a calamity. There are however a number of precautions and tips that when adhered to, render the risk of a fall to be miniscule, if even there at all.

Get Your Mind Right

Accident at the Workplace

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Suffered an Accident at the Workplace?

 

It is every employer’s duty to protect their employees and this includes a legal obligation to report serious accidents and to provide sick pay should it be owed.

 

Health and Safety at Work

 

When an accident has taken place in the workplace, your employer may have a duty to report it to the Health and Safety Executive (HSE) if it is serious enough. This includes major instances such as broken bones, any injury that prevents the employee from working for three days or more, disease and death. However, in cases of fatal or extremely serious accidents, employers also have a duty to make a report to the Incident Contact Centre.

Employer Liable for Employee’s Injuries Sustained During Sex Session

Employers in the UK might think are vulnerable to any manner of speculative or vexatious claims from employees, however they should be grateful they aren’t in Australia, where a recent case will have the Institute of Directors and Tory MPs spluttering into their copies of the Daily Telegraph.

 Roll on Friday, the purveyor of legal news and salacious gossip, carried this story (which also featured in the Australian Telegraph) about an HR executive required to travel for a meeting and to stay overnight in a motel.  During this overnight stay she had sex with a male acquaintance (not a work colleague), which led to her sustaining facial injuries and psychiatric injury from a falling light fitting.

Compensation for Workplace Accidents

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Having an accident at work can bring serious consequences.  As well as the pain and suffering that will inevitably accompany an injury, there may be significant other losses as well, such as loss of earnings or medical treatment fees.  If you can prove that the employer was at fault then it may be possible to recover work accident compensation.

Stress at Work: No Change Following MacLennan

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Stress at work is an issue that comes across many employment lawyers’ desks. It gets raised as an issue, rightly or wrongly, in many disputes between employer and employee and is often used by some employees to disrupt disciplinary and performance management proceedings brought against them.Some employers probably do not care how much work or aggravation they heap upon their workforce in the race to remain competitive and get the job done.