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RR593 - A survey of changes in the volume and composition of claims for damages for occupational injury or ill health resulting from the Management of Health and Safety at Work and Fire Precautions (Workplace) (Amendment) Regulations 2003

The Management of Health and Safety at Work and Fire Precautions (Workplace) (Amendment) Regulations 2003 introduced amendments to the Management of Health and Safety at Work Regulations 1999 and to the Fire Precautions (Workplace) Regulations 1997 such as to allow employees to claim damages from their employer in a civil action where they suffer injury or illness as a result of the employer breaching either of those Regulations.

The Employment Law Research Unit in the University of Warwick was given the task of reviewing:

(i) whether there has been an increase in claims for damages arising from occupational injury or ill health for breaches of the 1999 Regulations, and, if so, the extent of that increase; and

(ii) whether the change in the law has led to new claims, or whether claimants are adding claims for damages to existing heads of claim.

The survey was undertaken over a period of six months, commencing in January 2005 and completed at the end of June 2005. During that period, assistance was solicited from key stakeholders and their representatives for a number of purposes, both in relation to the compilation of data on claims activity and trends over the relevant period, and in relation to evaluating the strategic direction of current developments.

This report and the work it describes were funded by the Health and Safety Executive (HSE). Its contents, including any opinions and/or conclusions expressed, are those of the authors alone and do not necessarily reflect HSE policy.

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Updated 2010-03-19