Corporate homicide - reducing the toll work accidents claim
For Scottish families who have lost a loved one in an avoidable workplace accident, simply making a work accident claim will never be enough. If the death has occurred as a result of employer negligence, they argue, surely paying out money in the form of fines and compensation fails to reflect the magnitude of the offence.
Scottish Trade Unions Secretary Grahame Smith strongly believes that there should be much stronger deterrents in place to prevent bosses from placing their workers at unnecessary risk. He argues that where negligent actions have led to workplace fatality the common law principle of culpable homicide should extend to the upper echelons of corporate hierarchies.
Yet the reality is that in many instances, bosses not only remain immune from such prosecution but also keep their jobs. Smith comments, "If you are a doctor and you are negligent, you are struck off; if you are a lawyer and you are negligent, you are struck off. If you are a company director and you are negligent in relation to health and safety, you can continue being a company director, and that is not acceptable."
Of course, all of this was meant to change with the introduction of corporate homicide legislation on April 8, yet criticisms of the punitive scope of the new law have tempered many campaigners' satisfaction at its imminent implementation. Once again, Grahame Smith comments, "Our position on corporate killing legislation has not changed. Our deep disappointment that the legislation introduced on 8th April will not hold individuals culpable who, through their management failures, cause death to workers or members of the public, has not diminished.
"A motorist whose driving falls below an acceptable standard and causes death on the roads can, and rightly quite often do, face imprisonment. However, when company bosses display similar standards of unacceptable behaviour they escape justice. The penalties faced by individuals for financial negligence often exceed the penalties for negligence in the case of workplace fatalities. This leaves the families of victims bereft and feeling cheated by the justice system." Home
The STUC have also been critical of the length of time it takes to carry out a fatal accident inquiry, with it not being uncommon for relatives to wait as long as three years to discover the facts about the deaths of their loved ones. While this makes it very difficult for families to achieve any kind of closure, the length of inquiry can also be an obstacle to the processing of work accident claims, leaving workplace compensation lawyers shorn of the definitive evidence necessary to mount a case.
Even some members of government are not optimistic about the new corporate homicide legislation. One Scottish Government spokesperson commented, "The justice secretary has made clear that if the legislation was found to be wanting we would consider further steps."
Adding that if once the new legislation is implemented it fails to be "fit for purpose", the Scottish Government will review it and consider alternatives.
Making a no win, no fee work accident claim
YouClaim's no win, no fee lawyers have years of experience representing work accident claimants throughout both Scotland and the wider UK.
If you or a family member have suffered as a result of employer negligence, they will be happy to bring their expertise to you. Sometimes, making a work accident claim is about more than simply receiving the compensation you deserve. Doing so also serves to strengthen the level of deterrents to dangerous employer practice, something which can only help aid the safety of other workers in the UK.
Our service is completely free of costs and fees. Win or lose you will never have to pay anyone a penny. Furthermore, since we never take a cut, we can guarantee all our successful clients 100% compensation.
If you would like to find out more about what we can do to help you, drop us an online claim form, have an e-chat or call us now on 0800 10 757 95.
