Health & Safety Legislation has been in existence for decades. Industrial processes are far safer than they were, but work place accidents still occur on a regular basis. A claim by an employee against his employer is traditionally based on allegations of "negligence" combined with allegations of a breach of the many safety regulations imposed by law upon employers.
The Government currently seems intent on changing the law so that a breach of regulations would no longer give rise to compensation unless there was a breach of the employer's duty of care as well.
In 2012 the Government published its Enterprise and Regulatory Reform Bill. Royal assent and Parliamentary approval was secured in April 2013; its clause 69 apparently reverses that part of the Health and Safety at Work Act 1974 that often provided "strict liability" for a breach of many health and safety regulations and permitted compensation to be claimed by the unfortunate victim. The new wording means such breaches may not be actionable unless specifically provided for (none were).
Taken at face value, an employee’s only remedy may now lie if it can be proven that the employer was probably negligent. Even worse, from the summer of 2013 changes in procedure will seriously limit the amount you can recover towards the legal bill for presenting such claims - presumably to discourage injured workers from claiming in the first place.
Now more than ever it is important to make your claim quickly, if you have already been injured, and to use a solicitor who really knows what they are doing. Choose your lawyer carefully. Simply going to the firm on the corner, or accepting one your insurers have selected because of their internal agreements, may not necessarily be the best option.
At Veitch Penny LLP we have the expertise and track record needed to talk and guide you sensibly. If your claim has a reasonable prospect of success we will do our best to help you win. If it is a weaker case we will tell you, and let you decide whether to proceed or not. After all - it is your life, your money and your case. Why put yourself in a position where someone you have not even selected is calling the shots?
If you would like to discuss your concerns during a FREE chat, simply click on the 'Request a Call Back' button above and complete the quick enquiry form or call 01392 344800 and let us help.