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#1 Posted : 29 May 2003 17:02:00(UTC)
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Posted By Jim Walker
I‘ve just read this:

“The High Court has approved a settlement of £1m in damages to a worker who suffered a severe head injury in an accident at work. The case was problematic - because the employer did not have the legally required employers' liability insurance.”

Just as a matter of interest:

How will the victim get his compensation?

What are the penalties for not having EL insurance?

Can the employer (owners) just declare bankruptcy and walk away?
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#2 Posted : 29 May 2003 17:33:00(UTC)
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Posted By Phil Grace
I wondered that to... If you visit the TUC website there is a link to solicitors Irwin Mitchell. Here it is explained that the employers were tenants and the landlord/property owner was joined in the case. The landlord's insurers agreed to settle the case on a "no liability" basis. Insurers are all heart despite press reports to the contrary.
Can not rememer the penalties off the top but there is a flat fine plus a "surcharge" per day without cover. But would be small in comparison to the setteleemnt paid by an insurers.
And the answer is "Yes" - owners of a small firm can just walk away - one of the concerns about rising insurance costs - it may (already has?)resulted in more instances of no insurance and there may not always be a safety net. Not much point in taking out a private claim agaisnt the owner since he may be a man of straw with little or no assets.
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