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The Government revealed last week, it intends to make a number of legislative changes in the coming year, one of which has been dubbed "The Superhero Bill".
Okay, so far it's only me who's calling it that, but I'm sure it's going to catch on and if nothing else; it certainly makes a sentence which contains the words 'government' and 'legaslative', an awful lot more interesting than would usually be the case!
The Social Action, Responsibility and Heroism Bill (England and Wales) was announced in the Queen's speech. Its aim is to help protect people who are sued for negligence after intervening in emergencies or acting to protect the safety of others.
When considering negligence and breach of duty cases, courts will have to consider whether a defendent behaved responsibly, "for the benefit of society" or had taken "heroic action" to help people in danger with no regard to their own safety.
Justice Secretary Chris Grayling said: "I don’t want us to be a society where people feel that they can’t do the right thing for fear of breaking regulations or becoming liable if something goes wrong."
The Government are also bringing forward measures that will put the law more clearly on the side of employers who do the right thing to protect employees if something does go wrong through no fault of their own.
Mr. Grayling continued: "I don’t want us to be a society where a responsible employer gets the blame for someone doing something stupid. I want a society where common sense is the order of the day, and I believe this measure will help us get there."
The measures will aim to provide greater protection to small business owners who face challenges from irresponsible employees, even if they have taken a responsible approach to safety training and procedures.
Despite many smaller businesses feeling impaired by today's emphasis on proper health and safety practices, the majority of employers do take a responsible approach and as a result, we’re safer at work now then we’ve ever been before.
Since the introduction of the Health and Safety at Work Act 1974 there have been large reductions in work related injury and ill health. Fatal injuries to employees have fallen by 85% and reported non-fatal injuries have fallen by 77% (RIDDOR). Although deaths from asbestos related diseases have shown a continued increase, this is largely due to exposure that occurred many years ago.
In fact the only other area where numbers have seen an increase is in cases of stress, depression and anxiety. It’s thought that changes in attitudes and awareness towards work related stress in 1990s is behind this, and so more cases are being reported and treated seriously.
However, even with these reductions it is estimated that injuries at work and ill health (excluding cancer) cost society an estimated £13.8 billion in 2010/11. With 1.1 million working people suffering from a work related illness and 27 million working days lost due to due to work related illness and injuries at work (2011/12)
Incidents Your Employer Must Report
Your employer has a legal duty to protect you while you’re at work, this includes providing proper training, safety equipment and telling you about any health and safety issues that may affect you. They also have a legal responsibility to report certain incidents to the Health and Safety Executive (HSE) under RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013).
They must report deaths, serious accidents at work (such as broken bones), work related diseases (as covered in this article) and dangerous incidents (such as scaffolding collapsing or people being affected by a gas leak). In addition they must also report any other injury that results in an employee being away from work for more than seven days (accidents that result in an employee being off work for more than three days must be recorded but not reported). A full list of incidents that must be reported can be found here.
While the responsibility of the report is on your employer, if you’ve been involved in any of the above then it's a good idea to make sure it's been reported.
Had an Accident at Work?
If you've been injured in an accident at work and believe your employer’s negligence was to blame then you may be entitled to make a claim for compensation. Even if your employer was only partly responsible, it’s still worth seeking legal advice as they may be required to pay a proportion of a compensation claim.
All employees, including temporary, casual and permanent, have the right to make an accident at work claim. If you’re self-employed and the injury occurred because of another person’s actions you may also be able to make a claim.
It’s important to remember that the aim of a claim is to keep you in the same financial position you would’ve been in had the accident not happened.
7 Steps to Take After an Injury at Work
- Record any injury in the 'accident book' - do it sooner rather than later so the details are still fresh in your mind
- Have your manager sign the entry - this ensures they’re aware of the injury
- Take pictures of the area where the incident occurred
- Keep details of any witnesses to the accident
- Visit your GP (or hospital, depending on the severity of the injury) as soon as possible so there is a medical record of your injury
- Retain receipts relating to expenses incurred due to the accident at work - these may include travel expenses, receipts for medicines and / or medical bills.
- Seek legal advice early - there is a 3 year period to claim compensation from when the accident happened.
If you belong to a trade union speak to your representative as you may be able to use their legal services. Otherwise, you should speak to a specialist personal injury lawyer to ensure you receive the best advice. Work accident compensation claims are not always straightforward and so it’s important that you obtain advice from an expert personal injury solicitor.
Our friendly specialist advisors can talk to you about your situation and see if you have a valid compensation claim. There is no charge for this service and you are under no obligation to claim with us. Call us today on 0800 756 7774 or fill in the onlince claim form.
http://info.mayiclaim.co.uk/personal_injury_compensation_claim_news/bid/347663/7-Steps-to-Take-After-an-Accident-at-Work-or-Work-Related-Injury Image may be NSFW.
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