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Published 5 December 2014
From 1 October 2013, s.69 of the Enterprise and Regulatory Reform Act has changed the landscape of Employers Liability Claims, removing the automatic entitlement of employees to recover compensation if their employer's breach of statutory duty causes an injury.
For accidents after 1 October 2013, where a statutory duty does not expressly impose strict liability, claimants will be required to prove negligence on the part of their employer.
The question as to whether a defendant, which has been in breach of statutory duty, has been negligent, adds a level of complexity to claims for personal injuries.
When faced with questions as to whether the defendant may be viewed as an emanation of the state, and whether the claimant may found a claim on breach of EU Directive, the question of liability is further complicated.
In England and Wales, the need for swift decisions on liability is increased by the Low Value Protocol for claims under £25,000, where a swift concession of liability limits the claimant's profit costs to £900 or £1,600, but the removal of strict liability may enable claims, where historically damages would have been paid, to be repudiated.
For a fixed fee of £150 plus VAT DAC Beachcroft Claims Limited will review the question of liability, and respond within 2 business days with an advice on liability based on the evidence and information, which should assist insurers in deciding whether to repudiate a claim, including whether negligence is likely to be established and whether the claim may be founded on breach of statutory duty or EU Directive.
For more information on this, or on DAC Beachcroft's Portal triaging product DACB48, please contact Tom Baker or David Williams.
+44 (0) 117 918 2758
+44 (0)113 251 4844
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