Unite, the UK’s largest union, is accusing the government of using
a bill due to return to the Commons this week, to shield employers
who play ‘fast and loose’ with the safety of workers from having to
pay compensation to those they injure. The proposals
are covered by the Civil Liability bill which is due to have its
second reading in the House of Commons tomorrow (Tuesday 4
September). Although not formally part of the bill the government
has said there will be an...Request free
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Unite, the UK’s largest union, is accusing the government of using
a bill due to return to the Commons this week, to shield employers
who play ‘fast and loose’ with the safety of workers from having to
pay compensation to those they injure.
The proposals are covered by the Civil Liability bill
which is due to have its second reading in the House of Commons
tomorrow (Tuesday 4 September). Although not formally part of the
bill the government has said there will be an increase in the small
claims limit.
The small claims limit is currently set at £1,000,
which means that very few workplace injury claims are caught by the
limit. The government is proposing to increase this to £2,000 and
£5,000 for all road traffic cases.
Injuries which are likely to fall below the proposed
£2,000 limit include: minor brain damage, psychiatric damage,
collapsed lung, food poisoning, broken nose and loss of some
teeth.
Injuries which would be excluded by the £5,000 limit
set for drivers include: being instantly killed, some forms of
post-traumatic stress disorder, minor eye injuries, toxic fumes and
smoke inhalation leading to some lung damage, broken wrist and some
facial disfigurement.
The increase in the small claims limit would be
undertaken through so-called secondary legislation, denying MPs a
proper say on a devastating attack on workplace
justice.
Workers who are employed in driving roles including
paramedics, bus drivers, lorry drivers and couriers face a double
whammy. As they will have to suffer very severe injuries which are
worth over £5,000 before a claim could be effectively
taken.
Unlike in road traffic accidents and the notorious high
number of claims for whiplash injuries, which the bill is meant to
tackle, there is no culture of fake compensation claims, with
regards to workplace injuries.
If the changes are introduced it will become very
difficult to hold unsafe employers to account. As a consequence
workers are more likely to consider industrial action to win
compensation if workplace injuries occur.
Unite assistant general secretary Howard Beckett
said: “The government is shielding dangerous
bosses from justice. Bad bosses who play fast and loose with
workers lives will be able to escape paying compensation on the
majority of workplace injuries.
“The proposed changes will save the
government’s friends in the insurance industry millions in
compensation claims, which is nice work if you can get it, while
making workplaces more dangerous.
“Drivers and other road workers are facing
a double whammy with their limit being set at £5,000 meaning they
could be killed and their loved ones denied any
compensation.
“Trade union personal injury cases are one
small measure through which workers who are injured at work as a
direct result of bosses’ actions can achieve
justice.
“If workers can’t receive compensation for
their injuries, they will also be denied claiming compensation for
loss of earnings. Bad bosses will know that even if they injure a
worker they won’t have to pay them their wages while they
recover.
“Previously in cases such as asbestos
diseases it was only the sheer weight of claims for lower levels of
damage which finally forced the government to act to ban the
substance.
“Developing areas of serious workplace
dangers such as aerotoxic incidents and exposure to diesel fumes,
are much less likely to be tackled if workers can’t claim
compensation for damage to their
health.”
ENDS
Notes to editors:
The small claims limit is crucial as costs above the
limit are funded by the other side, if the claim is successful (in
cases of workplace injuries this would be the employer or their
insurer). If the level of injury does not meet the limit then the
individual would have to pay their own legal
costs.
This small claims limit applies purely to the
compensation awarded for the injury suffered and does not include
any loss of earnings as a result of the injury. A minimum of 40 per
cent of trade union workplace injury cases would be affected by a
£2,000 limit.
The proposed increase in the small claims limit will
only apply to workers who suffer an injury in England and Wales. In
Scotland and Northern Ireland there are separate legal systems and
there is no small claims limit. The government’s reforms will
therefore create an even greater two-tier playing field when it
comes to workplace justice.
