The following PI & Clinical Negligence guidance note provides comprehensive and up to date legal information covering:
On 1 October 2013, section 69 of the Enterprise and Regulatory Reform Act 2013 (ERRA 2013) came into force. For workplace accidents occurring from that date, civil liability no longer arises from a breach of statutory duty by the employer unless the relevant regulation provides for it. Broadly speaking, a claimant will now have to establish foresight of harm and negligence. This will apply to cases of injury caused by manual handling.
Accidents involving manual handling account for about one third of all work-related injuries.
While it will no longer be appropriate to base a claim on the breach of a regulation, claimant practitioners are still able to refer to the relevant statutory provisions (or at least recite what they say) as setting out the standards of care expected. Indeed, in many cases the regulations can be referred to (in statements of case) as setting out procedures for the identification and assessment of risk and the implementation of measures in the light of the assessment. The continuing importance of the Manual Handling Operations Regulations 1992, SI 1992/2793, is a good example of this. On their introduction, these regulations set out clear and specific instruction on the measures to be taken and the approach to be adopted by employers in order to prevent, or reduce the risk
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