News
Enterprise And Regulatory Reform Act 2013 Now In Full Effect
The Enterprise and Regulatory Reform Act 2013 has been heavily scrutinised by many groups but, as of 1st October this year, it has come into full effect. Critics say that it essentially wipes away more than 100 years of legislation that has been introduced to protect workers and ensure that employers look after their workforce while they are conducting their job. The biggest change means that employees will only be able to successfully claim compensation or sue for accident at work damage if they can prove that the employer was negligent.
Accidents at work can lead to serious problems for employees. If they are seriously injured it can mean lost earnings and may even put their job at risk, as employers look to cut their annual salary bill. Such injuries can also lead to substantial care and medical costs, as well as other expenses. Compensation is meant to cover these costs and ensure that the victim can get back to work and full fitness without too much worry.
However, the Enterprise and Regulatory Reform Act 2013 means that employees must now prove that their employer was guilty of negligence and this means providing much more evidence and information than previously necessary. It may be necessary, in some instances, to provide expert accounts and even witness details.
Critics have said that the first consideration of somebody injured at work should be their own safety rather than gathering witness details, photographing the scene, and performing other tasks to ensure that they have an appropriate amount of data. Difficulties can arise where the employee needs time off work following the accident because they will be unable to collect the evidentiary details that they require in order to help prove their case.
The changes to accident at work cases mean that the onus is very much on the employee to prove negligence and this makes good quality legal representation more important than ever before. A personal injury specialist will be able to determine what information is required and they will also have access to expert witnesses and other professionals required for the case.
About The Author
Mike Topper is the litigation manager at Stocks Legal Personal Injury Solicitors. Mike is highly experienced in all types of personal injury cases. He is highly focussed on client care and getting the maximum compensation that is available for his clients and their families. He rightly sees personal injury claims as a real must for the English legal System as without a proper compensation structure, many injury people can be left with no support or ongoing medical treatment.
If you have any questions arising from this article to can contact Mike by calling 0800 988 9055 or by sending him an email by clicking here.
Government Forced To Consider Compensation Discount Increase
The government may have to rethink plans to increase compensation discount figures. 2.5% is currently discounted from large compensation settlements, under the belief that claimants can invest their money in government backed securities and receive at least this amount in interest and associated payments. The government wants to increase this figure, stating that claimants are willing to take greater risks with the money which means that they have greater potential for return.
Large compensation settlements will typically include provision for long term care, healthcare costs, and loss of earnings. This can mean considerable sums of money being paid to victims of personal injury, criminal injury, and medical negligence among other types of claim. In some instances, a claim may total several hundreds of thousands or even millions of pounds and this will include some allowance for consecutive years after the value is awarded.
A claim discount is applied in large settlements. The current rate of discount is 2.5% and is levied against the total figure under the pretext that the claimant will invest a large portion of the money in government backed securities. Doing so will ensure that the claimant receives the full amount of their compensation package despite having some of it withheld. The government had asked for consultation on the existing plans.
Following a first round of consultation, the government said that it believed claimants were high risk takers and that they would be willing to place their money in investments with higher risks and, therefore, greater potential for larger returns. With greater returns it would have meant that the government would be able to increase the size of the discount applied to the total figure so that less money would be paid to claimants.
However, a second round of consultation has suggested that the government’s suppositions were incorrect and that claimants are, in fact, risk averse. Research conducted by the Ministry of Justice suggested that claimants wanted to minimise the risk that they faced. However, it was noted that there were gaps in the knowledge that the MoJ has at this time and so it is unlikely that a final decision is imminent.
About The Author
Safina Soni is a principal personal injury solicitor at Stocks Legal Manchester, specialising in fatal injuries, criminal injury claims and accident at work claims.
Safina has brought a wealth of experience to Stocks Legal and is a pivotal member of their executive team.
"I am very proud to be a personal injury solicitor as I know that I make a real difference to people who have suffered and continue to have problems as a result of their injuries."
As a market leader in personal injury claims, Safina is really easy to contact. You can call her for FREE on 0800 988 9055 or you can send her a confidential email by clicking here.
Criminals Claim Over £1m In Community Service Compensation
It has been revealed that criminals completing their community service work have claimed more than £1m in compensation in the last year. One of the most recent cases saw a man claim £73,000 after hurting his ankle while climbing a fence to cut back brambles. It has emerged that an estimated £1.4m is spent every year meeting compensation claims from those conducting community service with awards reaching as much as £94,000 and for a variety of different types of accident.
The compensation culture in the UK has come under heavy criticism in the past few years with the government looking for ways to reduce the annual bill associated with personal injury claims such as accidents at work and criminal negligence cases. However, it has emerged that around £1.4m is paid in compensation every year to those conducting community service. Probation Service bosses have defended the payments, claiming that proper supervision should be provided and that everybody that is part of the Community Payback service should be guaranteed their safety.
One man claimed £73,000 after hurting his back when climbing over a fence to cut brambles. £95,000 was awarded to one worker after breaking his arm while falling from a ladder and another received £19,000 for hurting his back while using a wheelbarrow.
The £1.4m figure takes into account payments to offenders and staff of the Probation Services. There are 35 Probation trusts across the country and a spokesperson for the organisation said that it was their responsibility to ensure that offenders and staff were offered an appropriate degree of safety while conducting their work. He went on to say that compensation was only awarded following sound legal advice and that “vexatious claims are challenged”.
Such accidents are considered similar to accident at work claims, and in these claims it is the responsibility of employers to ensure the safety of everybody under their employ. Assuming similar responsibility falls upon the Probation Service then this means that similar compensation will be paid. However, councillors and a number of groups and organisations have spoken out about the figures with a spokesman for the Taxpayer’s Alliance saying that “prisoners and even some prison guards are exploiting Britain’s crazy compensation culture.”
About The Author
Safina Soni is a principal personal injury solicitor at Stocks Legal Manchester, specialising in fatal injuries, criminal injury claims and accident at work claims.
Safina has brought a wealth of experience to Stocks Legal and is a pivotal member of their executive team.
"I am very proud to be a personal injury solicitor as I know that I make a real difference to people who have suffered and continue to have problems as a result of their injuries."
As a market leader in personal injury claims, Safina is really easy to contact. You can call her for FREE on 0800 988 9055 or you can send her a confidential email by clicking here.
Compensation Claim Dropped By Policewoman
A policewoman that tripped and hurt her ankle while investigating a crime has dropped her claim for compensation. The Police Federation said that although she was not seeking vast sums of money she has now decided to drop the claim and that she hopes the government and police force can address any wider concerns over the issues faced by the public. The accident occurred at a Filling Station in Thetford.
PC Kelly Jones had been invstigating a break-in at the Nuns’ Bridges Filling Station in Thetford , Norfolk. During the course of the investigation, Ms Jones and the owner of the filling station, Steve Jones, were checking the outside of the building for signs of break-in when Ms Jones tripped on a kerb and injured her ankle and wrist. The WPC was claiming that Mr Jones had not adequately ensure her proper safety during the course of the investigation.
The case gained a lot of media spotlight and it was not overlooked by government either. Home Secretary, Theresa May told the Police Federation’s annual conference that she did not want a situation where people were afraid to report crimes to the police for fear of being sued and that she wanted to stop “frivolous claims” being made by police officers. She went on to say that suing a member of the public following an accident on private property is not the kind of attitude that the police should have.
The Police Federation represents police officers up to the rank of chief inspector and they covered the legal costs on behalf of Ms Jones. In April it emerged that Ms Jones may have been entitled to as much as £50,000 in compensation but the mother of two has always stated that she only wanted enough to cover her loss of earnings.
Not only did the public and the Home Secretary round on Ms Jones, but her own superior officers also stated that suing members of the public was not the way of the police and that it would undermine the confidence and trust that the public had in the modern police force.
About The Author
Safina Soni is a principal personal injury solicitor at Stocks Legal Manchester, specialising in fatal injuries, criminal injury claims and accident at work claims.
Safina has brought a wealth of experience to Stocks Legal and is a pivotal member of their executive team.
"I am very proud to be a personal injury solicitor as I know that I make a real difference to people who have suffered and continue to have problems as a result of their injuries."
As a market leader in personal injury claims, Safina is really easy to contact. You can call her for FREE on 0800 988 9055 or you can send her a confidential email by clicking here.
How Employers Should Prevent Accidents At Work
Unfortunately, injuries in the workplace are more commonplace than people imagine. Certain industries, including construction and agriculture are especially high risk but it is also possible to suffer an injury while working in an office or other environment. It is the responsibility of all employers to ensure that their employees are provided with a safe working environment. This means ensuring that machinery and tools are safe for use and that employees receive appropriate training to help prevent accidents at work from occurring.
Machinery and tools are required in the day to day work for many individuals and it is usually the responsibility of the employer to provide these. Furthermore, it is the employer’s responsibility to ensure that these are safe for use. Appropriate training should be given, machinery should be kept updated, and any hazards that arise from the use of these items should be legislated for and prevented.
The workplace itself can prove a hazard, especially if it is not kept in a safe and tidy condition. Floors and corridors should not only be clean but they should be kept free of any hazards and potential dangers for the employees. Even a dusty environment can lead to industrial illnesses and this can be prevented simply through regular, good quality cleaning. Workstations, including desks and the surrounding area, should be equally free of hazards and potential dangers.
Suitable training should be provided to all employees. The lifting of heavy objects requires special training to ensure that injuries and physical illnesses do not develop over time. If an employer fails to provide access to this training then they may be held liable for repetitive strain and other long-term ailments related to the continuous performance of a particular task. Training should be provided for the use of machinery, tools, and safety gear as well.
Safety gear should be provided by the employer to ensure that employees are able to protect themselves from potential harm. Safety boots, dust masks, hard hats, and even hazardous material suits may be required depending on the working conditions and the type of work that an employee undertakes. These items should be kept in good order because items like hard hats will not provide the level of protection that they should if they become damaged or are not cared for properly.
If an employee suffers a workplace accident and it is found that the employer was at fault or negligent then the employee may be able to file a claim for compensation. Compensation values will vary according to the severity and type of injury, but they will usually include an amount for the injury as well as special expenses and to cover any loss of earnings that might be incurred.
Where an employee does suffer an injury at work, they should first follow company protocol. An accident report should be submitted and the accident reported to the health and safety representative. This helps ensure that the company is able to rectify the situation and ensure no further injuries occur but it will also prove beneficial if the case goes to court or tribunal.
MAKING A CLAIM
Making a claim for your personal injuries with Stocks Legal is really easy. You can speak to an experienced personal injury solicitor today by calling 0800 988 9055 or you can use our online claim enquiry form by clicking here. There is no obligation and you have nothing to lose by speaking to us.
About The Author
Mike Topper is the litigation manager at Stocks Legal Personal Injury Solicitors. Mike is highly experienced in all types of personal injury cases. He is highly focussed on client care and getting the maximum compensation that is available for his clients and their families. He rightly sees personal injury claims as a real must for the English legal System as without a proper compensation structure, many injury people can be left with no support or ongoing medical treatment.
If you have any questions arising from this article to can contact Mike by calling 0800 988 9055 or by sending him an email by clicking here.
Criminals Claimed £13.5m From Criminal Injury Compensation Scheme In 2012
In January 2012 the government announced that victims with a previous conviction would not be allowed to claim from the Criminal Injury Compensation Scheme. However, it has emerged that 2,641 criminals were able to claim a total of £13.5m in 2012 alone, still a significant figure despite being a slight drop compared to the £15.2m claimed by 3,602 people with convictions in 2011. The scheme was relaunched in November of last year in a bid to prevent criminals from being able to claim money that is supposed to be set aside for blameless victims.
A number of reforms and changes were introduced to the scheme which included guideline amounts to be paid to victims of violent crime. Under the new regulations it would no longer be possible to claim for minor injuries. Critics of these changes pointed to the prolonged psychological and financial difficulties that were still faced even following so called minor injuries. These were introduced alongside changes to the Legal Aid scheme that the government introduced in the hope of reducing the annual Legal Aid bill by £200m a year.
The old Criminal Injury Compensation Scheme was plagued by criticism when it was discovered that the scheme was paying a quarter of a million pounds every week to criminals. Even Ian Huntley, the Soham murderer, was known to have submitted a claim for £15,000 after a prisoner slashed his throat. The system came under fire and the government moved to prevent such claims from being made in the future.
In November 2012, the Criminal Injury Compensation Scheme was relaunched in an attempt to prevent criminals from being able to claim compensation. Under the new guidelines, although minor injuries are not covered any more, criminals with serious unspent convictions will have their claims automatically rejected. This means that criminals in prison and those serving community sentences for serious crimes will no longer be able to claim under the new guidelines.
The Criminal Injury Compensation Scheme is still available to victims of criminal attacks that suffer anything other than minor injuries. These injuries may be physical or emotional and as well as paying out the appropriate compensation, the scheme also sets out the exact amount that will be awarded for specific injuries and the severity of those injuries.
Speaking about the 2012 figures, a spokesperson for the Ministry of Justice has said that they are historical figures and that those with unspent convictions have been instantly refused since November 2012. This means that when the next set of figures are released for 2013 it seems likely that the figure will, at the very least, have dropped off significantly.
Chief Executive of the Taxpayers’ Alliance, Matthew Sinclair, has described the loophole as “appalling” and suggested that while the move was a positive one it should have been taken immediately in order to prevent the flurry of criminals that claimed compensation before the deadline closed. He went on to say that the “compensation culture has gotten out of hand.”
MAKING A CLAIM
Making a claim for your personal injuries with Stocks Legal is really easy. You can speak to an experienced personal injury solicitor today by calling 0800 988 9055 or you can use our online claim enquiry form by clicking here. There is no obligation and you have nothing to lose by speaking to us.
About The Author
Mike Topper is the litigation manager at Stocks Legal Personal Injury Solicitors. Mike is highly experienced in all types of personal injury cases. He is highly focussed on client care and getting the maximum compensation that is available for his clients and their families. He rightly sees personal injury claims as a real must for the English legal System as without a proper compensation structure, many injury people can be left with no support or ongoing medical treatment.
If you have any questions arising from this article to can contact Mike by calling 0800 988 9055 or by sending him an email by clicking here.
Criminal Injuries Compensation Scheme Guide Published
Following sweeping changes to various areas of personal injury law and, specifically, to the Criminal Injuries Compensation Scheme, an updated guide has been published on the government’s website. The guide gives details on eligibility, how to claim, and the types of payment that can be included in a claim. Changes to the scheme now mean that claimants are not able to make a claim for minor injuries and that criminals with an unspent conviction will have their claims automatically declined.
The scheme was set up so that victims of violent crime had a last resort to claim required compensation from. The guide reiterates the point that it should be viewed solely as a last resort and not a first port of call. Victims and their solicitors should attempt to claim compensation from the guilty party and, only if this fails, should the Criminal Injuries Compensation Scheme be used in order to prevent recompense to victims of crime. With that said, the Scheme can prove highly beneficial to those victims that are not able to locate, identify, or claim from the offending party.
In order to be eligible to claim via the Scheme it is necessary for the claimant to prove that they were the direct victim of a crime. They must also be able to show that they were not responsible for the crime and that the crime was reported to police. It is necessary to show that injury, either physical or mental, was sustained as a result of the crime and that all other avenues of recompense have been fully exhausted.
It is necessary for claimants to bring their case within a period of two years of the incident occurring. However, there are exceptions to this statute so if it was not possible to claim within this period then it may still be possible to seek compensation from the scheme. A lack of knowledge of the scheme may not be considered an exceptional circumstance which means that this will not usually be a defence for claiming beyond the two year statute.
There are a number of different types of claim which may be made and the compensation awarded may be made up of injury payments, loss of earnings, special expenses, bereavement payments, dependency payments, and funeral payments. The Court will determine the extent of an injury and award injury compensation between £1,000 and £250,000. For those injuries considered minor enough that compensation is less than £1,000, no compensation will be awarded.
One of the major changes introduced to the scheme at the end of last year saw those with unspent criminal convictions having their applications rejected automatically. It is also possible that people with a criminal record may have their compensation payments reduced. Furthermore, minor injuries are no longer covered by the Scheme; the latter has proven to be an unpopular move. Critics have pointed out that even minor injuries can lead to long term psychological effects. The minimum injury payment is now set at £1,000 as a result of this change.
You can download a copy of the new CICA guidance by clicking here or call us on 0800 988 9055 or you can send us an email by clicking here.
About The Author
Mike Topper is the litigation manager at Stocks Legal Personal Injury Solicitors. Mike is highly experienced in all types of personal injury cases. He is highly focussed on client care and getting the maximum compensation that is available for his clients and their families. He rightly sees personal injury claims as a real must for the English legal System as without a proper compensation structure, many injury people can be left with no support or ongoing medical treatment.
If you have any questions arising from this article to can contact Mike by calling 0800 988 9055 or by sending him an email by clicking here.
