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A 2008 appeal to the House of Lords regarding a fatal work accident set a marker for future work injury cases, finding that breaches of the Health and Safety at Work Act 1974 could be proved on a general basis, without the need to identify and prove each individual contravention.
The accident at work at the centre of the case occurred in 2003. A man was asked to take over driving a dumper truck from a site where topsoil was being excavated to a depression approximately 500 metres away, and was buried by the load of soil in the dumper truck when it rolled over. He was entombed for some time before he could be rescued; resuscitation attempts were unsuccessful, and he died in hospital the following day.
The cause of the accident was never established, there were no witnesses, and the man who suffered personal injury in the incident had not been wearing the seatbelt fitted to the truck. However, several health and safety shortcomings were demonstrated, and in the original hearing the prosecution was held to have shown that the state of affairs implied by these shortcomings was sufficient evidence to prove the defendants' liability.
The defendants' appeal had centred on a reading of the Health and Safety at Work Act in which the prosecution would have been compelled to cite specific acts and omissions that led to the work injury, and proved that the defendants were responsible. The appeal judge refused this on the basis that the injury not having been prevented was a prima facie case of personal injury occurring, and it fell to the defendants to demonstrate that they had done all that was reasonably practical to prevent its occurrence.
As compensation claims relating to industrial injury may be supported by health and safety cases being brought successfully against the company believed to be liable, this is a result likely to have been welcomed by no win, no fee solicitors.
No win, no fee work accident services
Here at YouClaim, we have a panel of no win, no fee work injury experts who pride themselves on staying up to date with the law, ensuring you have access to the most accurate advice available should you be forced into the situation where you need to claim for compensation as a result of an accident at work.
Not only is our knowledge current, but our services are free. We offer a no win, no fee agreement coupled with a 100 percent compensation guarantee, promising that every penny won in compensation goes to you, and an assurance that we charge our winning fees to your opponent in a successful claim. We even insulate you from any costs or disbursements arising from the case aside from legal fees, making it truly cost-free and risk free to claim with us.
For your confidence, we only work with personal injury lawyers governed by the Solicitors Regulation Authority, and always take out the appropriate levels of insurance to protect every case.
For more information about how we can help, please chat to us online, complete our claim form, or simply call on 0800 10 757 95 and ask for a work accident specialist to answer any questions you may have.