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#1 Posted : 21 July 2009 09:51:00(UTC)
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Posted By Phil H

Reading some recent threads I see that the 'no win no fee' lawyers seem to have a fair share of critics. However,I would argue that without them many employers would be less likely to 'embrace' H+S. After all how many of you know of any HSE/EHO inspections that have resulted in action for lack of consultation, stress,excessive temperatures,DSE and other less 'risky' activities.I am sure there are cases but you don't read about them much in the prosecution sections of the trade press.The adverts are all over the TV stations highlighting the dangers of poor working practices, but they are courtesy of the legal eagles and not your local EHO. The only problem is..there has to be an accident/illness for them to be any use.And another thing..isn't it time health and safety changed it's name..new brand,new image and all that!
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#2 Posted : 21 July 2009 09:55:00(UTC)
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Posted By Bob Youel
in my opinion chasers help as if there were no chasers there would be fewer successful claims and the only thing that effects many managers/employers is their bottom line
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#3 Posted : 21 July 2009 09:57:00(UTC)
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Posted By A Campbell
The ethos of health & safety hasn't changed....

So what would a re branding exercise provide?.. more cost for a new name to combat the same things?

I agree that the system has allowed successful claims by individuals and am all for compensating those sick and injured through no fault of their own.
Alas... I do have a little grudge with regards to people being compensated for their own misgivings (some may say stupidity?) and attributes and the insurance industry shying away from a fight.. and the judges for erring on the claimant's side too easily for a quick outcome!
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#4 Posted : 21 July 2009 10:19:00(UTC)
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Posted By Raymond Rapp
Phil

Re-branding, now that is an original topic. I guess it could happen, after all, Personnel became Human Resources and Ergonomics became Human Factors. What about Human Preservation?

Ray
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#5 Posted : 21 July 2009 11:00:00(UTC)
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Posted By John Richards
http://www.dailymail.co....25-000-compensation.html

http://www.independent.c...on-by-judges-619910.html

There are very many cases where compensation is not awarded, but you only read of a few. Insurance companies are not in the habit of giving money away on the basis of "it'll cost us less in the long run".
They do however assess the likelihood of win V lose, and paying out rather than losing the case and [possibly] setting a precedent may seem the better option. Some clients though chose to fight a case, even though they may lose, to try to get the other side to back-out. Just a game really. Winner takes nothing, loser takes the same. All sides lose except the legal representatives of both sides.
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#6 Posted : 21 July 2009 11:46:00(UTC)
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Posted By Paul I Clark
I feel the claim payouts are generally fair with regards to physical injury claims.

This is compared against Gill Switalski upheld claim for £19 million pounds for bulling and evential stress. http://www.hrmagazine.co...g-discrimination-upheld/

Shocking amount.

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#7 Posted : 21 July 2009 12:34:00(UTC)
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Posted By ITK
As a former regulator I would say without question the main driver for health and safety standards in most businesses were the fear of claims not the fear of regulation.

ITK
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#8 Posted : 21 July 2009 12:43:00(UTC)
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Posted By Yossarian
ITK,

I never thought I'd say this but...

On could also argue that the fear you describe has driven the employment of H&S Practitioners in order to dot the i's and cross the t's, thereby creating the niche that many now occupy.

The profession should therefore thank ambulance chasing lawyers for creating work rather than villifying them.
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