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Month: February 2013

  • Can Ergonomics Prevent Personal Injury?

    Can Ergonomics Prevent Personal Injury?

    Ergonomics is the study of how humans work and how humans interact with equipment they use to work.  In the office an ergonomic survey would study how an employee’s main activities affect their health.  Sitting at a desk in a bad position can cause musculoskeletal problems, for example, and repetitive activities like typing can cause something know as RSI or repetitive strain injury.  There have been numerous personal injury claims made because of muscular-skeletal and RSI injuries, so reducing the potential for these problems to develop will reduce the amount of personal injury claims that can be made, and in the long run will save employers money and employees stress.

    What can ergonomics do?

    In 2009/2010 26.4 million days were lost overall due to work-related illness or workplace injury at an average of 15 days per case.  In total this cost society an estimated £14 billion.  In 2010/11 up to 508,000 people self-reported cases of musculoskeletal disorders due to their work.  Proper ergonomics can significantly reduce the amount of work-related musculoskeletal disorders and RSI in the workplace because it reduces physical stress put on your body. Things like monitor arms which can be adjusted to move your screen into the proper position reduces eye strain and encourages workers to sit in a healthy position.  Ergonomics chairs provide support for the back and neck thereby reducing the possibility of musculoskeletal disorders developing.  The chairs can be adjusted for each individual person according to their needs.  The right equipment can eradicate the risk factors which make RSI and musculoskeletal disorders more likely in the work place.

    Following HSE guidelines

    The HSE now has specific guidelines about ergonomics in the office and these guidelines have been quoted in personal injury claim cases in order to earn claimants compensation.  This means that if your office isn’t keeping up with ergonomic recommendations then it does leave itself open to claims being brought against it.  Ergonomics then don’t just safeguard employees in terms of health, but they also safeguards employers in legal terms.

    It seems then that ergonomics can have significant impact in reducing the likelihood of personal injury claims in the office.  Moreover, ergonomics can save you money.   Implementing a proper ergonomic plan then is a wise move in the office environment.

    +Richard Meggitt

  • Leveson’s arbitration service

    The Leveson Inquiry came to its close in November with the publishing of Lord Leveson’s report after nearly a year of public hearings.  One of the catalysts which triggered the inquiry was the phone hacking scandal where pockets of the media were found to have hacked into various phones of both celebrities and normal citizens in order to source stories.  The scandal led to the downfall of News of the World and resulted in millions of pounds worth of compensation being handed out.  Lord Leveson has made various recommendations in his published report about media regulation and some of these affect how victims of media malpractice can claim compensation in the future.

    Leveson’s arbitration service

    Amongst the most significant recommendations, including the proposal for an independent self-regulatory body validated by legislation, Lord Leveson has recommended setting up an arbitration service to provide a cost-effective alternative to court proceedings when dealing with claims against the press.   Leveson’s arbitration service aims to protect access to justice for any individual that has a legitimate claim against the media regardless of their own means.  All newspapers will be expected to sign up to the scheme which will be regulated by the new self-regulatory body and claimants will be expected to pursue arbitration, rather than go to court, with the possibility of financial penalties being put in place if a claimant refuses to arbitrate.  The arbitration process will provide a legally binding conclusion and act as a genuine alternative to court.  Leveson believes “the process should be fair, quick and inexpensive, inquisitorial and free for complainants to use”.

    Will it work?

    In the wake of the Jackson reforms which makes changes to civil litigation funding and, some argue, will hamper the ordinary person’s access to justice, Leveson’s proposal is perceived as an opportunity to level out the playing field.

    Director of the Centre for Ethics and Law at UCL Professor Richard Moorhead argues that the tribunals will inevitably serve the interests of those who “can afford to get lawyered up” i.e. the media and wealthy celebrities.  He argues that a separate regulator, like an Ombudsman, will truly protect access to justice.

    +Richard Meggitt

  • Welfare Reform – Your Guide to the next 12 months

    Finally, as we enter 2013, the long forecast changes under the Welfare Reform Act 2012 begin to be implemented; having a significant impact on many benefit claimants between age 16 and State Pension Credit age.

    The following guide takes you through the changes as they are rolled out over the year ahead.

    January 2013

    Child Benefit becomes means tested from 7th January. Any households where at least one parent earns over £50,000 per annum will have their benefit taxed at 1% for every £100 over the threshold.

    Annual Benefit Increase
    The majority of benefits and Tax Credits which have previously been increased in line with the Consumer Prices Index will be capped at a 1% increase until 2016.  This is well below the rate of inflation and will see many working age claimants lose out in real terms.

    April 2013

    Disability Living Allowance (DLA)
    The pilot scheme for Personal Independence Payment (PIP) is to be trialled in Cheshire, Cumbria, Merseyside and North East England.

    The “Bedroom Tax”
    For those who currently rent in the private sector, the rate of Local Housing Allowance (LHA) payable is assessed on the size of the claimant’s household, which will determine the number of bedrooms they require.

    Discretionary Housing Payments (DHP)
    A DHP is an extra payment administered by Local Authorities for claimants whose Housing Benefit does not cover all of their rent, and who are experiencing hardship as a result.

    Council Tax
    A new local rebate scheme will be introduced to replace Council Tax Benefit.

    The Benefit Cap
    A Household cap on benefits will be introduced from April, falling broadly into line with the income of an average working household. A single person with no children will see their benefit payments limited to £350 per week and £500 per week for couples and lone parents.

    The Social Fund
    Payments from the existing Social Fund are to be scrapped and replaced by local schemes and payment on account.  Community Care Grants and Crisis Loans will be administered on a discretionary basis by Local Authorities. Budgeting Loans will continue in their current form until UC is rolled out, when they will be replaced by an advance payment on account.

    October 2013

    Universal Credit (UC)
    No new claims will be available for Income Support, income based Jobseekers Allowance (JSA) and income related Employment and Support Allowance (ESA) from October.

    Personal Independence Payment
    From June, PIP will be rolled out nationally for new claims. From October, the migration process will begin for existing claims, starting with those whose DLA claims are due to be reviewed.

    April 2014

    Universal Credit (UC)
    Existing claims to JSA(IB), ESA(IR) and Income Support will start to be migrated over to UC.

    Housing Credit
    As Housing Benefit is abolished, there will be a housing element introduced into State Pension Credit.

     

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    +Richard Meggitt