Injury at Work in UK Law

Leading Cases
  • Humphreys v Revenue and Customs Commissioners
    • Supreme Court
    • 16 Mai 2012

    The proper approach to justification in cases involving discrimination in state benefits is to be found in the Grand Chamber's decision in Stec v United Kingdom (2006) 43 EHRR 1017. The benefits in question were additional benefits for people who had to stop work because of injury at work or occupational disease. They were entitled to an earnings related benefit known as reduced earnings allowance (REA).

    It seems clear from Stec, however, that the normally strict test for justification of sex discrimination in the enjoyment of the Convention rights gives way to the "manifestly without reasonable foundation" test in the context of state benefits. The same principles were applied to the sex discrimination involved in denying widow's pensions to men in Runkee v United Kingdom [2007] 2 FCR 178, para 36.

  • R v Chargot Ltd (t/a Contract Services) and Others
    • House of Lords
    • 10 Dez 2008

    Mr Lissack then said that it was not enough for the prosecution simply to assert that a state of affairs existed. How the prosecution proposes to prove that this was so is another. In cases such as the present, where a person sustains injury at work, the facts will speak for themselves. Prima facie, his employer, or the person by whose undertaking he was liable to be affected, has failed to ensure his health and safety.

    It is not its purpose to impose burdens on employers that are wholly unreasonable. Its aim is to spell out the basic duty of the employer to create a safe working environment. The law does not aim to create an environment that is entirely risk free. That, in effect, is what the word "risk" which the statute uses means. It is directed at situations where there is a material risk to health and safety, which any reasonable person would appreciate and take steps to guard against.

  • Bristol City Council v Deadman
    • Court of Appeal (Civil Division)
    • 31 Jul 2007

    It has been recognised for some time that a contract of employment carries with it certain rights and obligations which reflect the fact that the parties' relationship has personal and social as well as economic dimensions.

  • Jobling v Associated Dairies Ltd
    • House of Lords
    • 25 Jun 1981

  • Evans v Cig Mon Cymru Ltd
    • Court of Appeal (Civil Division)
    • 18 Jan 2008

    Toulson LJ has gone through the sequence of the communications between the parties, but I attach particular importance to the following documents. On 19 March 2003 there was the letter required by the protocol, setting out the claim of the claimant and referring to the accident to the claimant's hand.

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Legislation
  • Criminal Justice and Courts Act 2015
    • UK Non-devolved
    • 01 de Janeiro de 2015
    ...... . . "3A An offence under section 28 of that Act (causing bodily injury by explosives). . . 3B An offence under section 29 of that Act (using ... S-20 . Ill-treatment or wilful neglect: care worker offence 20 Ill-treatment or wilful neglect: care worker offence . (1) ......
  • The Health and Safety (Sharp Instruments in Healthcare) Regulations 2013
    • UK Non-devolved
    • 01 de Janeiro de 2013
    ...... 8(1), 14, 15(1), 16 and 20 of Schedule 3 to, the Health and Safety at Work etc. Act 1974 1 (“the 1974 Act”). . The Regulations give effect ... “injury” includes infection; . “medical sharp” means an object or ......
  • Consumer Rights Act 2015
    • England & Wales
    • 01 de Janeiro de 2015
    ...... . (9) The consumer's entitlement to receive a refund works as follows. . (10) To the extent that the consumer paid money under the ... consumer notice exclude or restrict liability for death or personal injury resulting from negligence. . (2) Where a term of a consumer contract, ......
  • The Armed Forces and Reserve Forces (Compensation Scheme) Order 2011
    • UK Non-devolved
    • 01 de Janeiro de 2011
    ...... “additional multiple injury lump sum” means a benefit previously awarded under article 15B 9 of the ... which is caused (wholly or partly) by travel from home to place of work or during travel back again. . (2) This paragraph applies where the ......
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Books & Journal Articles
  • Union Derecognition in Britain in the 1980s
    • Núm. 27-2, July 1989
    • British Journal of Industrial Relations
    ...... where certain unions representing a group of workers have bargaining rights withdrawn and transferred to another ... to provide legal services to members in cases of injury at work, unfair dismissal, etc. The employer may or may not ......
  • Kicking Corporate Bodies and Damning Their Souls
    • Núm. 59-4, July 1996
    • The Modern Law Review
    ...... being ‘mundane design faults, human error and unsafe working condition^.'^ In 1987 there was the King’s Cross fire in ... offences contributes to the overall sense that death and injury at work is not ‘real crime.’” The main body set up ......
  • BOOK REVIEWS
    • Núm. 28-1, March 1990
    • British Journal of Industrial Relations
    Book reviewed in this article: The Search for Labour Market Flexibility: The European Economies in Transition, edited by Robert Boyer. Government Managers and Industrial Relations: Public Enterpris...
    ...... In this collection, Boyer sets the work of seven economists associated with the European Federation for ... The authors present a useful discussion of death and injury at work, but the statistics they are forced to work with ......
  • Fast‐food work: are McJobs satisfying?
    • Núm. 28-5, September 2006
    • Employee Relations
    • 402-420
    Purpose: McJobs in the fast‐food sector are a major area of youth employment. This paper explores young people's perceptions of work in this industry. Design/methodology/approach: The paper discus...
    ......A quarter of employees reported being injured at work, though only a small proportion of workers reported taking time-off due to injury at work. Another study found that, while lost-time injuries were rare, minor incidents, such as burns and lacerations, were common. That study found ......
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Law Firm Commentaries
  • Stress at Work: Personal Injury Claims
    • Mondaq United Kingdom
  • The 6 Myths About Personal Injury Claims
    • Mondaq UK
    ......They have. suffered a painful injury. They may have been psychologically. affected by the accident and their ability to work and carry out. the tasks of daily life is hampered. In all cases, medical records. are recovered which help prove that injuries were suffered and ......
  • HSE Enforcement Trends: A Relaxation In Regulatory Enforcement?
    • Mondaq UK
    ......statistics for fatal injuries arising from accidents at. work1., alongside its annual enforcement statistics for. 2018/192., we look at ...workplace injury and ill-health stands well in comparison with. other EU member states. The ......
  • Claimants Behaving Badly
    • Mondaq United Kingdom
    ......causation. The claimant had suffered serious injury at work and. became severely depressed before committing suicide. The ......
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