Personal Injury at Work: Could Section 69 be Overturned?
With the new Labour Government now in place, there are many changes expected which could reshape our legal system. One change currently under discussion is to overturn what is known as ‘Section 69’. This important change could go some way to help support victims who have suffered a personal injury at work.
What is Section 69?
In 2013, the coalition government included a section within the Enterprise and Regulatory Reform Act, commonly known as “Section 69”. This legislation removed the strict civil liability for any breach of health and safety legislation and thus any resulting personal injury at work.
This section of the Bill effectively prevented injured workers from their entitlement to claim compensation by way of legislation, meaning that the only option available for them to receive compensation was by way of common law on negligence.
The burden of proof, i.e., the necessity to prove one’s case, was shifted to the employee. They would have to build a case against the employer themselves to demonstrate negligence, which led to their personal injury at work.
What happened before Section 69 was introduced?
Prior to the section being effective, injured employees were able to automatically claim damages arising from their employer’s breach of the health and safety regulations.
Now, there is no legislation available that can ensure adequate compensation is awarded to the injured worker systemically, and it is much harder for victims to establish negligence. Common law relies on decisions of the Judiciary, which are based on precedent and past Court decisions. Unfortunately for the victims, this could lead to lengthy court battles, settlement discussions and, ultimately, more difficulty and high costs.
APIL Lobby for Overturn
The Association of Personal Injury Lawyers (APIL) has recently written to the Business Minister, Baroness Jones of Whitchurch, emphasising the detriment of Section 69 to the rights of employees who have suffered a personal injury at work. APIL has actively been opposing this legislation from when the Bill was first introduced, calling for the removal of Section 69.
The Labour Party, too, had been in active opposition on Section 69 of the Bill whilst it was passing through the various stages of Parliament. APIL quoted that, having worked closely with Labour in the House of Lords, the work of their peers was “instrumental” to the removal of the original proposal from the Bill. However, the proposal was subsequently restored by the House of Commons, leading to it becoming legislation.
What happens now?
It is anticipated, and hoped, that Labour will maintain their previous stance on the issue and, combined with the Government’s commitment to improve the rights of workers, work on reinstating their statutory right to claim compensation. It is hoped that further discussion around the revocation of Section 69 will be planned for the future.
Every worker has a right to a safe working environment, one where injury is mitigated by strict health and safety protocol, and one where the employer is, without argument, liable for any injury caused by inadequate health and safety measures.
How can GA Solicitors help?
GA Solicitors in Plymouth has an experienced team of personal injury solicitors and lawyers who deal with a wide range of personal injury compensation claims, including personal injury at work, road traffic accidents, medical negligence, fatal accidents and much more. The team is ranked in both Chambers UK and The Legal 500, so you can be assured of high-level legal advice and client service.
If you would like to see if you can claim compensation after an injury, then call 0152 203500 or email enquiries@GAsolicitors.com.
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