Pictured above: Philip Edwards
A leading health and safety expert has expressed concern that
people severely injured in accidents at work are missing out on
rehabilitation and care they need because of the rising number of
businesses with inadequate or no insurance.
Work-place injury specialists at Midlands law firm Irwin
Mitchell say that since the recession, there has been noticeable
increase in the number of calls from people who are unable to
recover the cost of their care and rehabilitation from their
employer due to as lack of insurance cover.
And the team say that now, more than ever, employers need to
consider the devastating and far reaching consequences inadequate
insurance can have on them, their business, and their
employers.
Philip Edwards a Partner and Workplace Injury specialist at
Irwin Mitchell in Birmingham said: "People deserve to assume that
they will go to work and return safely home to their family. But
when something does go wrong and they are injured through no fault
of their own they also deserve to know that they will have access
to the care and rehabilitation they need to put their lives back on
track.
"Sadly, we are seeing an increasing number of people who
approach us with life devastating injuries, but as there is no
adequate insurance, their care will ultimately be paid for by the
tax payer via the NHS and in some cases this just isn't
enough."
Edwards, urged employers to consider the policies they have in
place to ensure that staff are protected.
He said: "Everyone is affected by this. The victims who
unwittingly worked for an uninsured employer; the other members of
staff who may potentially lose their jobs if the company goes
under; The tax payer who funds the rehabilitation and care needed
by the victims; The families of the victims who, in some cases, not
only lose an income but a loved one and the HSE which is put under
additional pressure to carry out more inspections and more
convictions."
Irwin Mitchell claims the problems arise from a relaxation of
the laws, the current climate and from businesses being unaware of
what insurance they need:
• There is no longer a legal requirement to display an
Employers Liability Insurance Certificate so most staff don't know
the insurance policies in place.
• The current economic climate means that many companies
would go bust if the court forced them to pay for claims
themselves, leaving no company to recover any rehabilitation costs
from. This leaves the claimant with no means of accessing the funds
they need to help them put their life back together.
• Some companies are not familiar with the correct
insurance needed for their type of business. For example a common
problem arises where self-employed contractors are concerned and
businesses think they are covered by the workers own insurance.
The law firm also believes that the legal requirement for
Employer Liability Insurance Certificates to be displayed should be
re-introduced.
Edwards would also like to see the HSE carrying out more
inspections.
He said: "The people in the wrong should be held accountable for
any injuries sustained; however, despite insurance being a legal
requirement, convictions are rare. The overstretched HSE are
restricted by the number of inspections they can carry out which
naturally has an effect on the number of prosecutions.
"Everyone deserves to be able go to work, earn a living and come
home safe but in instances where negligence takes place people at
least deserve to know that they will be able to access the funds
they need to support and help them and their families put their
lives back together."
Irwin Mitchell is also calling for all workplace injury and
illness cases to be covered by the Employers Liability Insurance
Bureau, should it be introduced by the government. At present the
Bureau is very much focused on long tail diseases such as Asbestos
related illness.
In the motor industry, the Motor Insurer's Bureau already exists
to help pay for care costs if a driver is not insured. However if
someone is injured at work there is no such backup plan.