Accident at work compensation - A question of justice

One pet hobby of the ‘educated press’ seems to be the lynching of the ‘compensation claim culture’. However, a serious reflection on the issues reveals just how necessary no win, no fee claims are to a fair and socially responsible society. Nowhere is this more apparent than in the issues surrounding accident at work compensation.

Since the Government virtually abolished legal aid in personal injury claims, for many the services of a no win, no fee solicitor have represented the only chance of accident at work compensation.

There are 1.6 million work injuries in Britain each year. The cost to the economy is huge, running up to billions of pounds and millions of working days lost to work accident or injury each year.

But let’s for a minute forget the statistics and focus on the human element, for this is what highlights the importance of accident at work compensation.

Take the case of a 39-year-old mother of three from Greater Manchester. Back in 1992 she was looking forward to getting married when a guillotine at the wallpaper factory where she was working malfunctioned. The work accident severed both of the woman’s hands from the wrist.

Fortunately for her, breakthroughs in medical science allowed the surgeons at Manchester’s Withington Hospital to reattach both hands. Of course, since the serious personal injury she has never recovered the same level of mobility and feeling in her hands as she had before the accident. As a result she is unable to perform most basic manual tasks without great difficulty.

But this is not her greatest concern. In the aftermath of the accident, paramount in her mind were concerns that speak to us all – ones of humanity. In an interview with The Sun[insert italics] she revealed that when she was expecting twins her greatest fear was that she might not be able to care for them in a normal way. She worried about the logistics of changing their nappies, feeding them, carrying them, holding their hands. As it is, she has turned out to be a strong and stoic mother, amply blessed with the love and intelligence she needed to cope.

In the interview, she said of receiving her accident at work compensation, “I’ve been able to buy a cottage and I have money in the bank. But it’s not a fortune. Money can’t buy you happiness. I know more than most that health is wealth — I want them [her children] to be happy and healthy.”

And there, in that quote, is the point missed by many of the high-minded critics of ‘compensation claim culture’. Most no win, no fee claims are about compensating people for their pain, personal injury and financial loss, freeing them for the simple pursuit of everyday happiness, not lining their pockets with gold.

The necessity of accident at work compensation becomes even more pertinent when you look at what happens to the lives of people who are denied it. Take the recent case of a 28-year-old man from East Sussex, for example.

He was working as a self-employed window cleaner when he fell 30ft from a ladder in a work accident. He suffered serious personal injuries which will leave him wheelchair bound for the rest of his life.

Due to a misunderstanding between the window cleaner and his insurance company the insurance policy for which he paid £310 a year did not cover the man for accident at work compensation, only any employees he had working for him.

Judging from the fact, he did not have, nor indeed ever had any employees working for him, it is clear that he must have taken out the policy in good faith. As yet, he could have a valid case for a no win, no fee claim against his insurance company and is in the process of being advised by his personal injury solicitor.

Right now, the man is being forced to live in a hotel, while the council try to find him suitable disabled person accommodation. As a result he is haemorrhaging money at an anxiety-inducing rate. These things inevitably take a toll on physical and emotional health and can even be a contributing factor to Post Traumatic Stress Disorder (PTSD).

The extent of the man’s injuries meant that he had no choice but to report his accident. Yet it is estimated that around 96% of work accidents involving self-employed people go unreported, while around only 40% of work accidents in large and small businesses are reported.

It is a damning indictment of employer negligence that the Health and Safety Commission estimate that approximately 70% of accidents at work could be eliminated if employers implemented correct health and safety measures.

This inevitably leads to questions not just of accident at work compensation but also of criminal negligence.

The campaigning group Families Against Corporate Killers (FACK) are currently lobbying for stronger legislation so that negligent employers who are responsible for serious and fatal work accidents can be more easily prosecuted.

But for those who suffer personal injury in work accidents, work accident compensation remains the primary concern. As a friend of mine recently replied when I asked him how he was recovering from a back injury after a fall at work, “Waiting. Waiting for news on my compensation claim. I need the money so I can see a good physio. I’d just like to be able to carry my son again.”

He is not alone in just wanting to lead a normal, happy life.

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John Patterson, YouClaim are the leading online personal injury compensation claim people with a 97% claim success rate. Call 0800 10 757 95 or visit http://www.youclaim.co.uk/accident-at-work-claims-historical-mining-accidents.htm for more details.