Compensation Claim
Compensation Claims
Contents
Employers' duties
What kind of claims may be made?
The tort of negligence
Tort of breach of statutory duty
Civil liability exclusions
Conditions to be met for breach of statutory duty
Defences against a claim
Contributory negligence
"Violenti" rule
Vicarious liability - when the employee is negligent
Strict liability - when the employer is not negligent
Limitations on timescales for claims
Damages
Procedures when a claim is made
Letter of claim
Information that defendants must disclose
The three "tracks"
Winning the cases
Role of insurance
Training
Lists of relevant legislation
Further information
Compensation claims
In the event of an incident, the injured person is increasingly likely to make a claim for compensation, whether they are an employee or not. It is important that safety practitioners and managers understand the legal principles behind personal injury claims and know how best to defend and win them.
Employers' duties
Employers must comply with:
The requirements of the Civil Procedures Rules (as amended by the Woolf reforms)
The Employers' Liability (Compulsory Insurance) Act 1969 under which it is compulsory to have employers' liability insurance.
These are in addition to the requirement to comply with the Health and Safety at Work, etc Act 1974 and all health and safety regulations, under which claims may also be made.
In practice
Legal principles governing claims
Duty of care
The fundamental starting point for most personal injury claims was established in the groundbreaking case of Donoghue v Stevenson (1932). This is the famous ‘snail in the bottle’ case which established that a duty of care is owed to our ‘neighbours’. The case described neighbours as being those who we could ‘reasonably foresee’ could be affected by our ‘acts and omissions’. Typical neighbour relationships include:
Employer to its employees
Employer to others' employees
Employer to
Contents
Employers' duties
What kind of claims may be made?
The tort of negligence
Tort of breach of statutory duty
Civil liability exclusions
Conditions to be met for breach of statutory duty
Defences against a claim
Contributory negligence
"Violenti" rule
Vicarious liability - when the employee is negligent
Strict liability - when the employer is not negligent
Limitations on timescales for claims
Damages
Procedures when a claim is made
Letter of claim
Information that defendants must disclose
The three "tracks"
Winning the cases
Role of insurance
Training
Lists of relevant legislation
Further information
Compensation claims
In the event of an incident, the injured person is increasingly likely to make a claim for compensation, whether they are an employee or not. It is important that safety practitioners and managers understand the legal principles behind personal injury claims and know how best to defend and win them.
Employers' duties
Employers must comply with:
The requirements of the Civil Procedures Rules (as amended by the Woolf reforms)
The Employers' Liability (Compulsory Insurance) Act 1969 under which it is compulsory to have employers' liability insurance.
These are in addition to the requirement to comply with the Health and Safety at Work, etc Act 1974 and all health and safety regulations, under which claims may also be made.
In practice
Legal principles governing claims
Duty of care
The fundamental starting point for most personal injury claims was established in the groundbreaking case of Donoghue v Stevenson (1932). This is the famous ‘snail in the bottle’ case which established that a duty of care is owed to our ‘neighbours’. The case described neighbours as being those who we could ‘reasonably foresee’ could be affected by our ‘acts and omissions’. Typical neighbour relationships include:
Employer to its employees
Employer to others' employees
Employer to