Claims arising in the Workplace
Historically it was possible to bring claims for direct breaches of numerous regulations imposing standards for health and safety in the workplace. These regulations created a direct claim under the Health and Safety at Work Act 1974. The main regulations are set out below but specific regulations often applied to specific industries.
- Display Screen Equipment Regulations 1992 – design of workstations to reduce musculo-skeletal injuries
- Manual Handling Operations Regulations 1992 – lifting injuries at work
- Workplace Regulations 1992 – general safety of work premises
- Work Equipment Regulations 1998 – general safety of work equipment
- Management of Health and Safety at Work Regulations 1999 – general duty to promote safety
- Personal Protective Equipment Regulations 1992 – to provide safety protection equipment
- Control of Substances Hazardous to Health 2002 – to control exposure to dangerous chemicals and agents
- Work at Height Regulations 2005 – to prevent falling accidents
- Lifting Operations Regulations 1999 – to prevent injuries from objects being lifted or lowered
- Noise at Work Regulations 2005 – to impose standards for noise exposure in the workplace
- Construction Regulations 2007 – building site safety
With effect from 1st October 2013 section 69 of the Enterprise and Regulatory Reform Act 2013 amended section 47 of the Health and Safety at Work Act quietly removing at a stroke a substantial body of protection for employees injured in the workplace and turning health and safety law back to Victorian times as far as injury compensation claims are concerned. Arguably the Government had no power to make this change under EEC law and direct claims under the above regulations still exist if the claim is brought against an emanation of the state. The health and safety duties still apply as a matter of criminal law though.
This has resulted in the need to frame more claims in the law of negligence. It will require more work and the claims will be harder to win due to the shift in the burden of proof.
Contact Potteries Injury Solicitors:
Get in touch for more information compensation claims arising in the workplace in Stoke-on-Trent, Market Drayton, Newcastle-under-Lyme and surrounding areas.