Enterprise And Regulatory Reform Act 2013 Slammed For Victorian Values

The new Enterprise and Regulatory Reform Act 2013 is now in operation and the new rules, which mean that employees injured at work will have to provide evidence of negligence, are being attacked by critics claiming that it is setting workers’ rights back a hundred years. The new rules mean that employees will now have to provide expert statements and evidence in order to be able to sue for compensation if they suffer an injury at work.

Every employer is supposed to be legally obliged to offer a safe working environment for their employees. This means following health and safety standards, providing adequate training, and offering the most appropriate protective clothing and equipment as well as the right machinery and tools. A failure to meet these standards can lead to injury or illness in workers as well as others that set foot on the property of businesses and organisations.

Prior to 1st October, if an employee was injured or became ill at work and it could be shown that the employer did not provide these then it was possible for the employee to claim compensation. The employer was effectively found to be negligent through their negligence. Critics have said that the new Enterprise and Regulatory Reform Act 2013 changes this by placing too much onus on the employee to prove negligence on the part of their employer.

Proving negligence can be considerably more difficult than it sounds. The decision may rest on witness accounts. In some instances, there may not be witnesses to the actual accident while those that are seriously injured while at work should not have to think about collecting witness details before considering their safety and ensuring that they get the medical attention that they require.

Employees should take every step possible to collect data at the time of the accident to have the best chance of a successful compensation claim. This may require collecting witness details, taking photographs, and gathering information. It is also more important than ever that the employee has qualified, skilled, and experienced legal representation if they wish to have the greatest possible chance of success.

Accidents At WorkNov 11th, 20130 comments