The government have this week rolled out Section 69 of the Enterprise and Regulatory Reform Act which is set to make claiming for injury that occurred in the workplace more difficulty, as ‘failing Grayling’ looks to continue his campaign to completely remove access to justice.
The new Act means that the employee must now provide the proof of the accident and injury occurring in the workplace, as opposed to the employer as it was previously and if they can’t then their claim will simply not be accepted, a point which personal injury lawyers say is extremely unfair.
The Association of Personal Injury Lawyers (APIL) have been particularly critical of the government’s latest change to legislation within the industry with President, Matthew Stockwell speaking out against the Act.
In a statement released by the APIL, he said: “Many people injured through no fault of their own will find it extremely challenging to secure justice. The effects are likely to be profound and the consequences will not just affect the employees, but society as a whole.”
Mr Stockwell went on to explain: “The employer holds all the important information about any incident, such as maintenance records or previously reported dangers and risks. The injured employee will have to prove the case against his employer, which can be extremely difficult when he does not have access to this kind of information. Many people will inevitably shy away from making claims altogether. The negligent employer will then avoid making amends, leaving the state to pick up the tab for medical care and any benefits arising from the injury.”
Although Mr Stockwell went on to insist that APIL had faith that most employers were good and honest enough to tell the truth there is a genuine concern that there will be employers who take advantage of this new piece of legislation and deny genuine accident victims the need and deserve to rebuild their lives.
1. Wikipedia, Joshua Wayne LeGrand; https://commons.wikimedia.org/wiki/File:US_Navy_060830-N-8604L-373_Seaman_Richard_Macken_lies_on_the_hangar_bay_deck_with_a_simulated_jaw_injury,_during_a_mass_casualty_drill_aboard_the_conventionally_powered_aircraft_carrier_USS_Kitty_Hawk_(CV_63).jpg