Amicus fears on personal injury review

21 December 2005

Amicus say they fear that a review by MPs of personal injury settlements may result in fewer workers getting legal support and receiving less damages than they are currently entitled to.

The union says that, if adopted, recommendations by the Constitutional Affairs Select Committee will result in legal costs not being met, even in successful cases, affecting victim's abilities to pursue personal injury cases. Currently any personal injury case that awards over £1,000 can recover legal costs from a defendant who is found liable.

Amicus claim that the proposal to raise the legal limit to £2,500 will mean than approximately half of all injured people will lose the right to have their legal costs covered. The union says the Committee's proposal reflects its' failure to take evidence from the TUC or the trade unions and opening itself up to powerful insurance industry lobby interests. 

The union says the Committee's report supports a worrying trend. A recent Home Office review proposes to remove the right to damages for injuries valued at up to £3,000 and any losses of earnings (which could amount to tens of thousands of pounds) from the Criminal Injuries Compensation Scheme. Amicus also fears that workplace victims of violence could be removed from the scheme, exempting vulnerable professionals such as those the health sector. 

Amicus' Director of Legal Services, Georgina Hirsch, said: "The government has said it wants better compensation for the victims of criminal acts, such as the 7th July bombings, but is cynically preventing others with serious injuries, including broken bones and scarring from claiming compensation.

"The legal costs involved in an average small claims personal injury claim amount to approximately nine months pay for someone earning the minimum wage so there is a huge amount at stake here, especially the poorest people in society. These proposals would be a Charter for bad employers and careless landlords to disregard health and safety.

"It is vital that the principle remains that those who take a personal injury case and win should be entitled to have their legal expenses paid.

We need a system that penalises negligent employers, not those pursuing legitimate claims."
Amicus says it will campaign for the principle for the those who take a legal case and win to be entitled to their legal expenses to remain.  It also wants those currently entitled to damages not to be excluded from the system of tariffs under the Criminal Injuries Scheme.

Amicus say an insurance premium system that assessed employer's safety standards would be a more effective way of improving workplace safety and reducing the number of accidents and personal injury claims.- Ends –

Note to editors
In 2004 – 2005, 150,559 non-fatal injuries were reported at work.