Lawford Kidd's Blog

A TUC-backed report has accused the government of being dishonest about the UK's 'compensation culture' in order to justify cutting basic health and safety protections at work. It warns that thousands of workers suffering deadly occupational diseases are being denied payouts as a result of these cutbacks.

The report, by the workers' health journal Hazards, shows that far from being a compensation free-for-all, as ministers claim, the number of people actually receiving awards for work-related injuries or diseases has fallen by 60% over the last decade - down from 219,183 in 2000/01 to 87,655 in 2011/12.

The report, based on official government figures, shows even the families of those dying from occupational diseases have little chance of securing a payout.

Uncontested claims for compensation for “slips and trips” and other injuries at work or in a public place in England and Wales can now handled by a simpler and faster legal system, the Ministry of Justice has announced.

The change will make no difference to the amount of compensation victims will receive for genuine claims but will reduce the unnecessary additional bills faced by insurers and enable them to pass on savings to customers.

The move is part of a package of reforms brought in by Government this year to tackle the high cost of insurance premiums. These have been blamed for schools, businesses, community groups, councils and others being unable to stage activities where there is any risk of someone getting injured, as well as increasing costs for drivers.

The needs of bereaved families will be put at the heart of a reformed coroner system by a new national code, according to Justice Minister Helen Grant.

The new legal framework will ensure all 96 coroners in England and Wales will work to the same standards, ending the past inconsistencies which led to criticisms of a postcode lottery – with bereaved people in some areas facing long waits for inquests.

Coroner services will now be overseen by the first Chief Coroner of England and Wales, His Honour Judge Peter Thornton QC, and will be locally delivered within national standards designed to lead to a more efficient system of investigations and inquests.

The Health and Safety Executive (HSE) has launched a consultation on changes to the content of an Asbestos-related Approved Code of Practice (ACOP) that will consolidate two existing documents.

Following an initial consultation in June 2012, it was agreed by the HSE Board that a number of ACOPs would be revised, consolidated or withdrawn in line with the recommendation by Professor Ragnar Löfstedt in his report 'Reclaiming health and safety for all'.

For the ACOPs dealing with the Control of Asbestos Regulations 2012 (CAR 2012), L127 (The management of asbestos in non-domestic premises) and L143 (Work with materials containing asbestos), the proposal to consolidate the two ACOPs into a single revised ACOP (L143) was approved.

Severely injured people, forced to gamble with their compensation to cover the cost of future support, could face having their damages cut further under Government proposals.

High-value damages payments are subject to a reduction to offset any interest that may be earned over time. Despite the fall in interest rates during the recession, the current “discount rate” has not been reviewed since 2001, which the Association of Personal Injury Lawyers (APIL) warns is costing critically injured people the money they need for their care in the future.

“If a man is paralysed, for example, he is likely to need specialist equipment and therapies for the rest of his life. His damages to pay for these things are very carefully calculated by the courts, but under the current discount rate that money is being reduced too far and there is a very real danger it could run out,” explained APIL’s president Matthew Stockwell.