Data released by the Health and Safety Executive (HSE), which handles claims against employers who are found to be at fault for not providing a safe working environment, indicates a noticeable decrease in the number of employees who choose to take legal action against their employers for work-related injuries after being hurt on the job. This trend occurs despite an overall rise in the incidence of work-related injuries.
The Association of Personal Injury Lawyers (APIL) reviewed the information provided by the HSE and discovered that in the year 2022-23, a total of 796,000 employees suffered a work-related injury that required them to miss work for more than seven days or developed an illness due to their employment. This marks a 25% increase compared to the previous year, 2018-19.
During the same timeframe, the volume of claims against employers for liability decreased by 51%, indicating that more workers are now facing injuries or illnesses due to their job conditions but are opting to pursue legal action less frequently.
This situation suggests that workers who are injured or affected by occupational illnesses are more likely to remain silent about their grievances through legal means. The updated figures reveal that in the year 2022-23, only 5% of workers injured or made sick by their job filed a claim, a decrease from the 14% reported in 2018-19.
One of the main reasons why families or those who are injured pursuer claims is not just to receive fair compensation but also to pressure a careless employer to acknowledge their wrongdoing and take responsibility. Legal actions for damages frequently occur at the same time as Health and Safety Executive (HSE) inquiries, especially when the agency deems the violations to be severe enough, leading to potential criminal charges for both the company and its executives.
In some instances, our cases also include claims for damages from family members who have seen the horrific consequences of a workplace accident. There could be various factors contributing to the decrease in lawsuits against employers, and we believe the growth in the 'gig' economy and the employment of low-cost labour from abroad might play a role in this trend.
The increase in temporary positions and contracts for gig or zero-hour work may cause employees to hesitate to file a lawsuit, fearing it could jeopardise their job security.
If they decide to pursue compensation from their employers after an accident, they might find themselves unemployed, as there is always someone else available to cover their shifts.
News stories about distribution centres reveal a troubling reality – employees suffered injuries at their jobs due to exhaustion from extended work hours and poor working conditions, yet they remained silent due to the fear of losing their jobs, which means no income.
A significant number of incidents we deal with are related to foreign workers in the UK who come to work and remit funds to their loved ones abroad. This practice of utilising inexpensive labour from other countries is increasing, and when these workers get hurt, they often don't realize they have the option to pursue a claim.
The key to remember is that your employer has a legal duty to ensure that you are safe at work. Generally speaking, your employer has a legal duty to do all that they reasonably can to care for your safety in the workplace.
If you have had an accident at work, and think you may have a claim, please contact us on 0800 988 8082 or complete our online enquiry form and a member of our team will get back to you as soon as possible.
