Freeclaim Solicitors Review 2013 Changes to Accident at Work Legislation

One of the most wide reaching changes of legislation in 2013 was the governments Enterprise Bill’s clause 70, which will essentially removes an employee’s right to claim compensation for Health & Safety breaches.
 
The overhaul of the health and safety legislation with the Enterprise and Regulatory Reform Bill Clause 70 could prevent employees from claiming compensation after employers breach Health and Safety Regulations. That is the verdict of many workers groups and law firms who support the rights of employees.
 
Essentially the Enterprise Bill’s clause 70 narrows the basis on which compensation can be claimed for accidents at work; however it will still be possible to pursue a claim under common law.
 
The Enterprise and Regulatory Reform Bill received royal assent in April 2013, and was hailed for promoting the economy by freeing businesses up from health and safety red tape. But the bill received criticism from some quarters for removing provisions which protected the safety of workers. Clause 70 has been at the centre of this controversy.
 
Previously health and safety legislation states that an employee who is injured at work in an accident which is not their fault can claim compensation against their employer through common law negligence, if it can be proven that the employer did not show reasonable care for the employee’s safety; or under a breach of Health and Safety Regulation (unless civil liability is excluded under that regulation).
 
Under this legislation, claimants will still be able to claim compensation under the first course of action, but the second option will be removed entirely. This is significant because most claims are pursued under Health and Safety Regulations which would automatically impose a civil liability on the employer.
 
These changes will affect more than 70,000 potential civil claims for accident at work compensation, according to the Association of Personal Injury Lawyers.
 
Whilst the reforms narrow the basis on which compensation can be claimed for accidents at work, such claims can still be pursued under common law. However as a result of such measures it is even more important than ever those employees seek specialist legal advice at an early stage in order to establish whether they may have a claim. The key to bringing such claims is now likely to be more focused around obtaining early evidence and ultimately addressing the issue of reasonableness.
 
Freeclaim Solicitors are a leading UK law firm which offers legal advice and support to individuals and businesses throughout the UK. From road traffic accidents to serious injury claims or workplace accidents Freeclaim Solicitors could help the victims of accidents to win the compensation they deserve.
 
Visit the Freeclaim Solicitors website today for more information or call 0800 612 7340

http://www.freeclaim.co.uk/

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