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Association of Personal Injury Lawyers

Families of killed workers face unfair fight for justice

28 Apr 2014
APIL news

Relatives of people killed at work face an uphill struggle for justice after Government reforms, say lawyers on Workers’ Memorial Day today (28 April).

“On this day of all days, we should stop to reflect that 107 lives were lost in British workplaces between April and December last year* - one death is one too many.Everyone has a right to go to work and return home unharmed,” said Matthew Stockwell, president of the Association of Personal Injury Lawyers (APIL). 

“During that time the law on making a claim for an injury or death changed in favour of employers – the very people responsible for ensuring safety at work” he explained “Employers have always had the upper hand in legal challenges as they control the workplace and hold all the information. Their advantage is even greater when the main witness, the employee, can’t give his own version of events because he has been killed”.

Bereaved families or injured people used to be able to rely on the fact that an employer had breached health and safety regulations if they wanted to bring a case. The Government has now turned the clock back to the Victoria era, in favour of employers, by changing the law through the Enterprise and Regulatory Reform Act to require the claimant to prove the employer was negligent, which is much more difficult.

Mr Stockwell explained “For example if some protective equipment was faulty, the family of the deceased now have to prove that the employer knew about it. Proving how much someone else knows is certainly far more difficult than proving the fact that regulations put in place to protect that worker have been breached”.

“Losing someone you love is tough enough, without having to face a gruelling struggle to hold the responsible employer to account. Many people won’t even try,despite having every right to,” said Mr Stockwell. “When someone doesn’t return home from work because his employer failed to keep him safe from harm, his family should not have to battle through bereavement for justice”.

-ends-

Notes to editors:

  • APIL (Association of Personal Injury Lawyers) is a not-for-profit organisation whose members are dedicated to campaigning for improvements in the law to help people who are injured or become ill through no fault of their own.
  • For more information contact APIL's press and communications officers Jane Hartwell on t: 0115 943 5416, m: 07808 768623, e: jane.hartwell@apil.org.uk, or Tim Carter t: 0115 943 5409, e: tim.carter@apil.org.uk.
  • Visit the association's website at www.apil.org.uk.
  • •Follow @APIL on Twitter: www.twitter.com/APIL.

Past press releases

Lawyers call for outright ban on cold calling for personal injury in Scotland, 01 Jun 2018
APIL, FOIL and MASS join forces for mediation project, 29 May 2018
Grieving relatives cruelly ignored by justice system, 27 Apr 2018
Car insurance injury claims lowest this decade, 23 Apr 2018
Court closure threat to local justice system , 21 Mar 2018
Government washes its hands of injured people, 20 Mar 2018
Cold calling ban: time for Government to deliver, 08 Mar 2018
MPs told: Now is the time to ban cold calling, 22 Jan 2018

More past press releases

Head of Public Affairs
Lorraine Gwinnutt
0115 943 5400
lorraine.gwinnutt@apil.org.uk

Communications Manager
Jane Hartwell
0115 943 5416
jane.hartwell@apil.org.uk

Press & Communications Officer
Lizzy Freeman
0115 943 5431
lizzy.freeman@apil.org.uk