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Posted By Chris Packham
To expand on JM's comments, from my experience, having lived and worked in Germany and now having progessional involvement there, your average German worker does not need to sue his employer. His problem will be dealt with by his 'trade association' (Berufsgenossenschaft) whose experts will investigate the problem, determine whether it is a genuine occupational problem (anerkannt) and decide upon the appropriate compensation payable by the employer (whose liability insurance is dealt with by the Berufsgenossenschaft anyway). He also has a legal right to retraining where appropriate.
Since the employer's premium for his liability insurance will be dealt with by the Berufsgenossenschaft and will reflect the number and seriousness of the claims made during the previous year, there is at least some incentive for the employer to get it right.
Having said this, I must add that my experience does not lead me to the conclusion that their standards are necessarily any better than ours. A well managed U.K. company can stand comparison with one anywhere else in the world. Unfortunately, SME's tend not to fall into this category in the U.K. whereas, for example, in Germany they have to be registered and signed up with the relevant Berufsgenossenschaft.
At least this arrangement spares the employee the hassle of having to take legal action to obtain compensation.
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Posted By Merv Newman
kieran, I'll get you for that !
JC thanks for the link, a very good article. I even agree with the teachers and the union spokesman.
John Mackessack (sorry if I've spelt your name wrong. Short-term memory problems):
In France, injured employees, or their families, can and do sue employers, in addition to the highly probable criminal case. And company directors do go to jail.
What I like is that injured employee's medical bills are paid by the employer. If a disability pension is required then again the employer pays. This even covers accidents on the way to or from work (though these are not assimilated into "work accidents")
The above is simplifying the case. What really happens is that employers have to pay into a medical insurance scheme and the premiums are based on their accident and severity rate and their "industry sector"
An "average" light engineering company will pay about 5% of their total wage bill. No LTI for three years and it drops to the minimum of 1%
Roofers pay about 17%
We, as a service company, pay 1% (never an accident chez nous)
And this on top of any other employee/employer health contributions.
When you calculate the probable costs of a "normal" accident and it's effect on your premiums, then it is a good incentive for getting it right.
How much does, for example, a simple broken leg, cost a British company ?
Merv
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Posted By AlB
Consider this.
You have a substance that can catch fire. So you put it into a container. But H&S spods say that's not good enough. You've also got to make double sure and triple sure that that substance that can catch fire does not leak from the container. But hey, some H&S do-gooder wants to have ANOTHER container to put the first container in in case the first container (with its double and triple protection) should leak. But hey, someone else comes along and decides that they need YET ANOTHER system in place to make sure that if the second container containing the first container (with its double and triple protection) does not leak!!! NOW someone else has come along and says that all this level of protection is NOT ENOUGH!!!!!!
WOW! Crazy! H&S gone mad!
Or is it? Does this scenario ring a bell? What was the consequence?
That's right......Buncefield Oil Depot explosion and fire, 11th December 2005. Boy oh boy were they lucky to get away without a single fatality.
Now THAT is what H&S is about.
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Posted By Jez Corfield
Merv,
The cost for bruises and upset for my organisation is £16,500.
We had an employee fall on some ice on the car park owned by the landlord, she bruised her knee ankle and hand and had psychological trauma. Our solicitors say we shouldnt bother fighting this, that we had a responsibility and that we failed, her award is £2.5k - the various solicitors costs and 'profit fees' increase this to £16.5k.
Jez
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Posted By Stupendous Man
It's a real shame that the BBC let their discussion thread deteriorate into people having a go at food hygiene, entertainment licensing and a whole host of other things that have absolutely nothing to do with health and safety.
Or perhaps we should take note that attitudes have developed to the extent that any mention of the word no, irrespective of the circumstances, is automatically assumed to relate to health and safety.
Little Johnny: Daddy, can I watch that Debbie Does Dallas DVD that you keep under the box of loose nuts in the garage?
Daddy: No
Little Johnny: This is health and safety gone mad!
(Or perhaps I'm mistaken and it should be 'This is against my human rights...)
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Posted By Merv Newman
Jez,
Sorry, maybe I wasn't too clear. The health insurance premiums (based on past accident rate) are in addition to any criminal or civil liabilities and legal expenses.
It has been said that it would be cheaper to kill (no medical expenses) rather than maim. (lots of care and a disability pension/allowance for the rest of your life)
The question was really : Who paid for your employees medical treatment ? The taxpayer I suppose.
Merv
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Posted By J Knight
Hi Folks,
John has already posted a link to a summary of the Court's findings in the McDonald's coffee case. I could just add, to the doubters, that the IP was 70 years old; 79 year old skin doesn't behave like 40 year old skin, and is much more vulnerable to all kinds of insult. It is no surprise under the circumstances that over-hot coffe caused 3rd degree burns in a very short time.
I have seen (photos of) 3rd degree burns caused by radiators in my time, and investigated the incident concerned. Radiators are at nothing like boiling point,
John
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Posted By John Mackessack
Brilliant thread!
Apparently, I saw on the news that 2006 is going to be a very bad year for Horse Chestnut trees with a very low yield of CONKERS!! Yipes, I hope the PPE companies will adjust their sales forecasts accordingly!
Also, many thanks to Merv and Chris for fleshing out the bones of my earlier point (and putting me right too!).
I still wonder if we should align our legislature more with the rest of Europe re: worker compensation schemes etc......
But perhaps that's another thread.
John
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Posted By Andy Walker
Though I stopped posting on this thread I've continued to follow it to it's conclusion and must admit it has made me rethink my stance on certain issues. Thanks for the Mc D link John I now know the full facts and promise that I'll research harder before I shoot my mouth/fingers off in future.
That said I'd never put warm never mind hot coffee near my family jewels.
Andy W
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