Back Injury in UK Law

Leading Cases
  • Bailey v Rolls Royce (1971) Ltd
    • Court of Appeal (Civil Division)
    • 02 Fevereiro 1984

    The second part requires one, as I think, to ask the question: Was the load so heavy as to be likely to cause injury to the particular person concerned? The reference to "him" at the end of the sub-section in my judgment clearly directs attention to the particular employee that one is considering at any particular time. In my opinion, one has to approach the construction of this sub-section, and the meaning of its provisions, giving the words used their ordinary and natural English meaning.

    Nevertheless, like Lord Justice May, I have been driven to the conclusion that Mr. Darlow is right in submitting that one must take the words of the sub-section simply as they stand. They make no express reference to what the employer knew or ought to have known. Nor, I think, can any such reference be implied from the words "likely to cause injury to him".

    This construction of the phrase is, I think, one which not only accords with the natural meaning of the words according to ordinary English usage, but also with what may be presumed to have been the intention of Parliament. However, fortunately for them, as well as for their employers, the mere fact that a particular job may involve some lifting operations does not necessarily render them unemployable for such purposes.

  • D v East Berkshire Community NHS Trust and Another
    • House of Lords
    • 21 Abril 2005

  • White and Others v Chief Constable of South Yorkshire Police and Others
    • House of Lords
    • 03 Dezembro 1998

    It is a non sequitur to say that because an employer is under a duty to an employee not to cause him physical injury, the employer should as a necessary consequence of that duty (of which there is no breach) be under a duty not to cause the employee psychiatric injury: see Hilson, Nervous Shock and Categorization of Victims, [1998] Tort L.R. 37, at 42. The rules to be applied when an employee brings an action against his employer for harm suffered at his workplace are the rules of tort.

  • Alcock and Others v Chief Constable of South Yorkshire Police
    • House of Lords
    • 28 Novembro 1991

    Beyond this, however, the law in general provides no remedy, however severe the consequences of the distress or grief may be to the health or well-being of the third party and however close his relationship to the victim.

  • Bourhill v Young
    • House of Lords
    • 05 Agosto 1942

    The duty to take care is the duty to avoid doing or omitting to do anything the doing or omitting to do which may have as its reasonable and probable consequence injury to others and the duty is owed to those to whom injury may reasonably and probably be anticipated if the duty is not observed.

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Legislation
  • The Armed Forces and Reserve Forces (Compensation Scheme) Order 2011
    • UK Non-devolved
    • 01 de Janeiro de 2011
    ... ... under article 15C M8 of the AFCS 2005;“additional multiple injury lump sum” means a benefit previously awarded under article 15B M9 of the ... or partly) by travel from home to place of work or during travel back again ... (2) This paragraph applies where the travel referred to in ... ...
  • Manual Handling Operations Regulations 1992
    • UK Non-devolved
    • 01 de Janeiro de 1992
    ... ... , unless the context otherwise requiresinjury does not include injury caused by any toxic or corrosive substance which(a) has leaked or spilled ... the manual handling of loads where there is a risk particularly of back injury to workers (OJNo. L 156, 21.6.90, p. 9)2These Regulations do not ... ...
  • Constables Protection Act 1750
    • UK Non-devolved
    • 01 de Janeiro de 1750
    ... ... hath or claimeth to have against such Justice of the Peace; on the Back of which Notice shall be indorsed the Name of such Attorney or Agent, ... , shall in open Court certify on the Back of the Record, that the Injury for which such Action was brought, was wilfully and maliciously committed, ... ...
  • Counter-Terrorism and Border Security Act 2019
    • UK Non-devolved
    • 01 de Janeiro de 2019
    ... ... by explosive device under the law of Scotland.Assault to severe injury under the law of Scotland.Assault and poisoning under the law of ... the person is being questioned in hospital or on the way there or back for the purpose of obtaining relevant evidence is to be included in ... ...
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Books & Journal Articles
  • To hull and back: the Court of Appeal has decided that tribunals can award compensation for injury to feelings where an employee has suffered from the manner of an unfair dismissal.
    • No. 2004, November 2004
    • Financial Management (UK)
    • Nickson, Sue
    • Legal
    ...Unfair dismissal compensation under the Employment Rights Act 1996 should be "such amount as the tribunal considers just and equitable in all the circumstances having regard to the loss sustained by the complainant in consequence of the dismissal". T......
  • Musculoskeletal Injuries in the Workplace: Perceptions of Swedish Police
    • No. 14-4, December 2012
    • International Journal of Police Science and Management
    • 0000
    Swedish police officers experience an increased incidence of musculoskeletal injury, but little is known of the underlying cause. This paper explores police officers' own perceptions of the most co...
    ... ... 2012; accepted 12 August 2012Keywords: focus group, musculoskeletal injury, police, workplace injuryNerrolyn Ramstrandis an associate professorin the ... (2009) have linked an increased incid-ence of lower back pain to prolongedInternational Journal of Police Science & Management ... ...
  • Scalia's Legacy: Originalism and Change in the Law of Standing
    • No. 6-1, May 2017
    • British Journal of American Legal Studies
    • James E. Pfander
    • Owen L. Coon Professor of Law, Northwestern Pritzker School of Law
    • 85-107
    Perhaps no single Justice fashioned as many changes to the law of standing as that most gifted originalist, Antonin Scalia. It was Justice Scalia who first deployed twentieth century standing rules...
    ... ... -party rule; who reconfigured informer litigation to preserve the injury-in-fact requirement; and who recently re-packaged the Court’s old ... to this important body of jurisdictional law and then step back to consider his legacy ... CONTENTS ... i. intrOductiOn ... ...
  • Schedule 3 to the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 (SI 2011/517) (as amended)
    • Appendices
    • War Pensions and Armed Forces Compensation. Law and Practice - 2nd Edition
    • Andrew Bano
    • 311-351
    ... ... Item Column (a) Column (b) ... Level Description of injury and its effects (“descriptor”) ... 1 4 Burns, with partial, ... in this Table, the term “torso” means any part of the chest, back or abdomen including pelvis and perineum. (*) When applied to any ... ...
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Law Firm Commentaries
  • Back Up Continuing To Support People With Spinal Injury
    • Mondaq UK
  • Fraudulent insurance claims and private prosecutions
    • LexBlog United Kingdom
    The insurer AXA in the UK successfully brought a private prosecution for a fraudulent claim. The insured alleged that he had damaged his back in the course of his employment and claimed £100 000 ag...
    ... ... The insured alleged that he had damaged his back in the course of his employment and claimed 100 000 against his employer. Medical records showed that the back injury pre-existed the date of the alleged injury and evidence suggested that the ... ...
  • Employment Law Case Update
    • Mondaq United Kingdom
    ... ... employer dismissed an employee who was absent on sick leave with a back injury for gross misconduct for falsely claiming sick pay when he was ... ...
  • Health And Safety Fines Bulletin 18 March 2015
    • Mondaq UK
    ... ... Injury:   ... Broken 13   bones in back, shoulders and ribs, and punctured a ... ...
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Forms
  • Form COP44A
    • HM Courts & Tribunals Service court and tribunal forms
    Court of Protection forms including the COP1 application to make decisions on someone's behalf.
    ... ... You can apply to get some, or all of the fee back within three months of the final ... order being issued by the Court of ... • unfair dismissal awards ... • money from the criminal injury compensation scheme ... • medical negligence or personal injury awards ... ...
  • T423)
    • HM Courts & Tribunals Service court and tribunal forms
    Includes the refund form for claimants.
    ... ... , including age, earnings, and for cases involving discrimination, injury to ... feelings. Awards for injury to feelings will be based on existing ... Details can be found on the back page of this publication ... Please note: a copy of the claim form or ... ...
  • Apply for help with court and tribunal fees
    • HM Courts & Tribunals Service court and tribunal forms
    Fees forms, including the EX160 form to apply for help with court and tribunal fees.
    ... ... You can apply to get some or all of your ... money back if: ... ● you paid the fee in the last 3 months ... ● you met the ... Money you are paid for losing something, suffering, or injury ... Department of Work and Pensions (DWP) ... The part of the UK ... ...
  • Form SSCS3
    • HM Courts & Tribunals Service court and tribunal forms
    Social security and child support forms, including notices of appeal to the Department of Work and Pensions, HM Revenue and Customs and the NHS Business Services Authority.
    ... ... accident, injury or disease ... Benefits are listed which have not been paid and are not ... not give reasons why your appeal is late your appeal form may be sent back to you. Please tell us ... below why your appeal is late. You do not need ... ...
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