{"id":126,"date":"2017-02-13T14:21:54","date_gmt":"2017-02-13T14:21:54","guid":{"rendered":"http:\/\/blogs.kent.ac.uk\/ucuuok\/?p=126"},"modified":"2017-02-13T14:21:54","modified_gmt":"2017-02-13T14:21:54","slug":"threat-of-further-restrictions-to-workers-access-to-use-the-law","status":"publish","type":"post","link":"https:\/\/blogs.kent.ac.uk\/ucuuok\/2017\/02\/13\/threat-of-further-restrictions-to-workers-access-to-use-the-law\/","title":{"rendered":"Threat of further restrictions to workers&#8217; access to use the law"},"content":{"rendered":"<p>On Saturday I attended a meeting of Unison safety reps, where I&#8217;d been asked to speak about my experiences as a UCU rep fighting issues of workload, bullying and stress. One of the speakers was Phil Liptrot from Thompsons solicitors. He talked about the government&#8217;s plans to make it even harder for injured workers to claim for compensation. There is now a campaign underway, including a petition. The following text summarises Phil&#8217;s talk and gives a link to the petition, which needs many more signatures than it currently has. Please sign and circulate to others.<\/p>\n<p>Regards,<\/p>\n<p>David Hardman<\/p>\n<p>&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8211;<\/p>\n<p><strong>Another attack on access to justice for workers injured at work<\/strong><\/p>\n<p><strong>This would exclude most workers injured by work from making any claim for compensation to which they are entitled as they would have to pay their own legal costs.It would let negligent employers off the hook, and reduce and incentive on them to make their workplaces safer and healthier.<\/strong><\/p>\n<p>Small Claims Limit \u2013 Phi Liptrot from Thompsons Solicitors spoke about the major campaign that has been launched to challenge the Government\u2019s plan to increase the small claims limit.<\/p>\n<p>He said that the proposed change will prevent 80% of injured workers from instructing a lawyer to enable them to get compensation for workplace injuries and the consequence is that the employer will be able to make their workplaces even more dangerous.\u00a0 At the moment there is a \u00a31, 000 limit.\u00a0 Phil explained that claims are in two parts: <u>general damages<\/u> which include pain and suffering and <u>special damages<\/u> which include financial loss like loss of wages etc.<\/p>\n<p>At the moment if the <u>general damages <\/u>\u00a0are greater than \u00a31,000 then the individual is able to claim their \u00a0lawyer fees back from the other side.\u00a0 PL also reported that 99% of cases are greater than \u00a31, 000.\u00a0 The Government proposal is to increase the limit to \u00a35,000.\u00a0 80% of all cases are less than \u00a35,000 and will result in individuals not getting any compensation when they are injured by their job.\u00a0 Even where the total claim would be much greater than \u00a35,000 because of things like loss of wages, they still won\u2019t be able to claim because their <u>general damages<\/u> are \u00a0below the \u00a35,000 threshold.\u00a0 <u>General damages<\/u> are determined from \u00a0a prescribed list of financial compensation for a particular condition\/injury.\u00a0 Individuals will have to make a decision to pay up front (if they can afford to) and then pay the lawyer out of the total if they are successful.\u00a0 It means that some of these \u2018fat cat\u2019 insurers will get even \u2018fatter\u2019 at the expense of worker\u2019s health and safety.\u00a0 It was also reported that some asbestosis claims may fall into this category.<\/p>\n<p>Please circulate this information and communicate it widely amongst trade union contacts.<\/p>\n<p>Please encourage as many people as possible to<\/p>\n<ul>\n<li>sign the online petition at <a href=\"http:\/\/petition.parliament.uk\/petitions\/173099\">petition.parliament.uk\/petitions\/173099<\/a>\u00a0 :\u00a0 100,000 signatures are needed on the petition, to initiate a debate in the House of Commons, so it was agreed to support this.\u00a0There are only about 16,000 signatures. There are 6 million TU Members&#8230;&#8230;mmm<\/li>\n<li>Write to MPs, urging them to oppose the changes.<\/li>\n<li>follow @FeedingFatCats on twitter and to find out more at <a href=\"http:\/\/www.feedingfatcats.co.uk\">www.feedingfatcats.co.uk<\/a>.<\/li>\n<\/ul>\n","protected":false},"excerpt":{"rendered":"<p>On Saturday I attended a meeting of Unison safety reps, where I&#8217;d been asked to speak about my experiences as a UCU rep fighting issues &hellip; <a href=\"https:\/\/blogs.kent.ac.uk\/ucuuok\/2017\/02\/13\/threat-of-further-restrictions-to-workers-access-to-use-the-law\/\">Read&nbsp;more<\/a><\/p>\n","protected":false},"author":39717,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[1],"tags":[],"_links":{"self":[{"href":"https:\/\/blogs.kent.ac.uk\/ucuuok\/wp-json\/wp\/v2\/posts\/126"}],"collection":[{"href":"https:\/\/blogs.kent.ac.uk\/ucuuok\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/blogs.kent.ac.uk\/ucuuok\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/blogs.kent.ac.uk\/ucuuok\/wp-json\/wp\/v2\/users\/39717"}],"replies":[{"embeddable":true,"href":"https:\/\/blogs.kent.ac.uk\/ucuuok\/wp-json\/wp\/v2\/comments?post=126"}],"version-history":[{"count":1,"href":"https:\/\/blogs.kent.ac.uk\/ucuuok\/wp-json\/wp\/v2\/posts\/126\/revisions"}],"predecessor-version":[{"id":127,"href":"https:\/\/blogs.kent.ac.uk\/ucuuok\/wp-json\/wp\/v2\/posts\/126\/revisions\/127"}],"wp:attachment":[{"href":"https:\/\/blogs.kent.ac.uk\/ucuuok\/wp-json\/wp\/v2\/media?parent=126"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/blogs.kent.ac.uk\/ucuuok\/wp-json\/wp\/v2\/categories?post=126"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/blogs.kent.ac.uk\/ucuuok\/wp-json\/wp\/v2\/tags?post=126"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}