Employers given a shield to hide behind against health and safety claims

On Tuesday 1 October 2013, employers’ liability in the UK was changed, as the ‘Statutory Breach of Duty’ presumption was removed from the Employers’ Liability regime.


United Kingdom – WEBWIRE – Wednesday, May 28, 2014

These new regulations may make you feel like you have less access to justice, but this is not the case. Freeclaim Solicitors have the best team of expert workplace injury solicitors in your corner.

On Tuesday 1 October 2013, employers’ liability in the UK was changed, as the ‘Statutory Breach of Duty’ presumption was removed from the Employers’ Liability regime.

2011 saw the ‘Reclaiming health and safety for all’ report published by Professor Lofstedt, where calls for the government to address the matter of strict liability were outlined.

The government reacted to the report which resulted in Section 69 ERRA (the Enterprise & Regulatory Reform Act) scrapping the policy of strict liability for employers from all health and safety regulations.

This change has meant that the burden of proof has now shifted onto claimants rather than the employer. It removes, in effect, an automatic right to compensation for an employee who has been injured at work as a result of an employer’s breach of Health & Safety regulations.

The reforms for employees to prove negligence on the company’s behalf before being able to pursue a claim applies to injuries on or after 1st of October 2013. Proving negligence is generally a higher burden for employees to prove than the previous breach of statutory duty.

These new regulations have given employers and their insurers a shield to hide behind and ammunition to discourage payouts and discourage employees from claiming compensation for an injury that was the fault of their employer.

Fortunately, Freeclaim Solicitors have over 25 years’ experience handling workplace injury claims. If you suffer an injury at work through no fault of your own, you have a right to claim compensation. These new regulations may make you feel like you have less access to justice, but this is not the case. Freeclaim Solicitors have the best team of expert workplace injury solicitors in your corner. They will fight to get you the compensation you deserve after a workplace injury or illness.

Visit www.freeclaim.co.uk and get compensation for your workplace injuries today or alternatively call free - 0800 612 7340. 


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