Deafness Claims News.
Busting the Health & Safety Myth
Lord Young and Lord Jackson have both recently concluded their reviews into Health & Safety and civil litigation costs. They have both propagated the myths of ‘health and safety gone mad’ and a ‘compensation culture’ despite firm, independent, incontrovertible evidence to the contrary. Few would argue that it is unreasonable to expect fairness and decent health and safety standards in the workplace but in fact, this is exactly what Lords Young and Jackson are proposing.
No-one would argue that workers have an undisputed right to go to work without being harmed. But how can we ensure that this situation prevails? Should we rely on employers to effectively ‘self-regulate’? What has been the effect of legislation requiring employers to take active steps to safeguard the health and safety of their employees?
The Health and Safety Work Act came into force in 1974 and since that time the number of fatalities has fallen by 80%. However, this still means that last year, in this country, 151 people were killed at work. This means that 3 people died every week. This is an unacceptable figure, yet it was the lowest ever recorded. However, it does not take into account the fact that around 4,000 people die each year from diseases resulting from asbestos exposure and those suffering from other occupational diseases such as noise induced hearing loss. Overall, about a third of those suffering from impaired hearing have a history of occupational noise exposure.
We are bombarded with messages about a ‘compensation culture’ yet this has yet to be backed up by any independent research. In fact, studies have shown that over the last 5 years, the number of compensation claims against employers has fallen. Indeed, according to a recent report by the Better Regulation Task Force, despite the introduction of “no win – no fee” claims, the total cost of compensation cases in Britain has remained static since 1989. You may also be surprised to learn that the UK pays less compensation as a proportion of GDP, than any other European Country except Denmark.
Each year over 850,000 people are injured or made ill as a result of their job. However, only 60,000 of those receive compensation from their employer, according to the Association of British Insurers. This equates to approximately 7%.
The Health and Safety Executive has expressed concern about the ‘Health and Safety myth’. They have had to bust myths such as school ties, bunting and candyfloss having been ‘banned’ for health and safety reasons. They rightly state that this trivialisation is concerning as it confuses businesses about their responsibilities and workers about their rights.
There is no such thing as ‘Health and Safety gone mad’ or a ‘Compensation Culture’. It is not unreasonable to expect to go to work without being injured or suffering from an occupational disease. It is not unreasonable to expect employers to take reasonable precautions to protect the health and safety of their employees. It is not unreasonable for an injured person to expect to be compensated when they have been injured due to the failings of their employer. Health and safety legislation has an important and legitimate role to play in securing the health and safety of workers and there has to be full and open access to the law when those workers suffer injuries or disease through no fault of their own.
Three people dying in work-related accidents every week is three too many.
Have you the symptoms of Tinnitus from working in a noisy environment for a prolonged period? Find out if you are entitled to compensation by calling our advice line on 01244 354696 or contact our deafness solicitors to calculate your damages. |