Despite the fact that more than 120,000 injuries in the workplace were reported to the HSE last year, people are not as willing to jump on the ‘compensation bandwagon’ as is widely believed.
This is according to Lord Young’s number-one target, personal-injury lawyers, who revealed that a quarter of people who took part in a recent survey would not make a claim if they were seriously injured using faulty, or unsuitable equipment in the workplace.
The survey was carried out by the Association of Personal Injury Lawyers (APIL), whose president, Muiris Lyons, commented: “Many of us have suffered an injury though no fault of our own at work but there seems to be a real reluctance to make a claim in cases of negligence.
“Most employees will have built a rapport with their employer over a period of time and, if a case of negligence occurs in the workplace, some individuals could feel embarrassed, or think that there may be a stigma attached if they are seen making a claim against their employer. Some may fear that if they make a claim, their career may be put a risk, or that they might be looked upon as a trouble-maker.”
The findings appear to go against the widespread perception – fuelled by Lord Young’s review of health and safety, in which the Tory peer promised a crackdown on the ‘compensation culture’, as well as restrictions on the operation of personal-injury lawyers – that people are too quick to look for someone to blame for incidents, and are mainly concerned with getting as much money as they can for their trouble.
Added Lyons: “The reality is that the negative stigma attached to individuals making a claim if they’re injured in the workplace is an unfair one. People are right to make a claim if they are injured through an employer’s negligence – it is an employer’s duty to keep employees safe in the workplace. Employees should therefore be able to feel empowered to stand up for their rights when it comes to cases of negligence at work.”
His advice to anyone who has been hurt at work would be to contact a specialist injury lawyer as quickly as possible after the incident, armed with all the facts, including “the accident log book and any records that [the individual’s] GP may hold about the injury”.
Approaches to managing the risks associated Musculoskeletal disorders
In this episode of the Safety & Health Podcast, we hear from Matt Birtles, Principal Ergonomics Consultant at HSE’s Science and Research Centre, about the different approaches to managing the risks associated with Musculoskeletal disorders.
Matt, an ergonomics and human factors expert, shares his thoughts on why MSDs are important, the various prevalent rates across the UK, what you can do within your own organisation and the Risk Management process surrounding MSD’s.
We have seen a gradual reduction from employees and contractors. But from members of the public, we have seen a dramatic rise. It is this which I believe is what the government should look at. We just get a letter after the alleged incident and know nothing about it. They are mainly chancers from the lower end of the public spectrum who see the adverts in the free newspapers
When you say “chancers from the lower end of the public spectrum”, do you mean poor people?
Well, what a surprise. Turkeys not voting for Christmas! These people are a cancer to the world of sensible H&S, where only significant hazards and risks are to be recorded. I have auditted many companies where their insurance company governs the defence of claims and takes a pragmatic view to the costs involved. This is the real state of play in this country!
Too many NWNF lawyers are chancing their arm and getting results, which then produces a feeding frenzy amongst others.
I agree that some employees would think twice about making a claim against employers for fear of reprisals, but all these adverts are aimed at the general public who may have had accidents outside, tripped over paving slabs etc. I don’t think its Health & Safety at Work that is the problem with these ‘silly’ excuses for not doing things, its the Public occasions and council-run activities for the general public that the ‘elf n safety’ excuse comes to play – hence compensation culture
Lyons must think we are all as green as grass! It may be an employers civil right to make a claim for compensation when injured and I fully support that where loss has been suffered. What really irritates most employers is not the claim, it is the tactics used by personal injury lawyers and the costs associated with the claim. I deal with claims on an almost daily basis and in over 95% of cases, the lawyer gets more in his pocket than the claimant. Is that civil justice?
‘His advice to anyone who has been hurt at work would be to contact a specialist injury lawyer as quickly as possible after the incident, armed with all the facts, including “the accident log book and any records that [the individual’s] GP may hold about the injury”.’
Really – oh, what a surprise?
Whether or not there are or are not large numbers of claims, there is undoubtedly a fear of litigation, fuelled at least in part by the promotional activities of personal injury lawyers. It is the fear of potential litigation that is partly responsible for bureaucratic H&S excess. If Lord Young’s initiative can contribute to reducing such fear then that is a step forward
This study as pointed out is not worth the paper its printed on. The claim culture that we are faced with now is not based on fairness but finding a scapegoat and greed.
Its too easy for unjustified claims to be made, most Loss Adjusters just cave in at the first hurdle because its cheaper to settle out of court.
The Association of Personal Injury Lawyers (APL)!, would you want to attend one of their meetings?.