Lawyer Urges Government To Act On Demands For Employers’ Liability Insurance Bureau
16/03/2011
A leading industrial injury lawyer has called on the government to establish an Employers’ Liability Insurance Bureau to protect workers whose bosses are not adequately insured.
After representing a 26-year-old man who was left blind in one eye whilst working for an employer that was not insured, David Urpeth, Head of the Workplace Illness and Accident team at Irwin Mitchell, is calling for the formation of an Employers’ Liability Insurance Bureau (ELIB) that will protect victims of accidents at work.
Ryan Scott, of South East Sheffield, was blinded in his left eye following an accident whilst working as a labourer for Goodfellas (UK) Ltd at the site of the Goodfellas Club, in Attercliffe, Sheffield, in March 2004.
Despite being successful in an industrial injury claim to cover his lost earnings, personal injuries and to cover his future care costs, Mr Scott has not received a penny in compensation because his employer was not insured and because the company has since ceased trading, meaning the claim cannot be enforced.
Mr Urpeth has claimed that the formation of an Employers’ Liability Insurance Bureau (ELIB), working in a similar way to the Motor Insurers’ Bureau, which has protected victims of uninsured drivers for the past 40 years, would ensure that the victims of industrial accidents receive the compensation and support that they deserve.
Urpeth said: “As the situation now stands, people injured may be denied the financial security they are rightfully entitled to either if their employer has no insurance or employers’ insurer cannot be traced. That cannot be fair or just, and this issue needs an immediate solution.
“Mr Scott’s accident was one which has had a massive impact on his life. It is clear that this accident could have been very easily avoided if Mr Scott had been provided with a safe system of work, suitable work equipment and appropriate protective clothing. Unfortunately now he has been left in an awful situation.
“What we need is protection for people in similar cases where, despite rigorous and comprehensive searches, no insurer either exists or can be found. Without such protection innocent and injured people are left with no access to justice for the way they were treated by their employers.
“Severely injured workers are missing out on funds to cover their care and rehabilitation as well as lost earnings. In some of the more serious cases people are left with severe disabilities that mean they will never work again and will need care for the rest of their lives. If there is no insurance or it is insufficient, this will ultimately be paid for by the tax payer via the NHS but in some cases this just isn’t enough.”
Mr Scott said: “The past seven years have just been a nightmare. I’m distraught that I’ve lost my vision, my independence, my job, and many of my friends. I’ve found it extremely difficult to deal with.
“I still remember vividly when the metal peg hit me with such force that I felt a pop, and was knocked to the ground. I immediately put my hand over my eye, where I felt a liquid substance run from it.
“I was taken to the Royal Hallamshire Hospital, where I was told I had sustained a large cut to my eye and would need to undergo an operation immediately. I received thirteen stitches and remained in the Hallamshire for five days.”
A specialist at the Royal Hallamshire Hospital told Mr Scott that he had lost a large part of the anatomy of his eye, with evidence of both retinal detachment and haemorrhaging. After another operation the following day, Ryan spent several days in hospital before being discharged on heavy medication. He remained extremely ill, and was both heavily medicated and regularly hospitalised for the next few months.
Mr Scott, who now suffers from severely impaired vision from his injured eye, added: “I’m told my eye will be painful forever and it will always affect how I live my life. I’ve attempted other jobs but the conditions have made it very difficult to carry out the work so I’m still looking for employment or training suitable to someone with my condition.”
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