Tuesday 30 April 2013

Should the Police Claim Accident at Work Compensation?

Recently, there have been a number of news stories about people in the police making accident at work compensation claims or suing members of the public following a trip or fall. PC Kelly Jones received vilification in the press after she tripped on a kerb and decided to seek redress from the Thetford petrol station where the incident occurred. It is worth pointing out that PC Jones injured her left leg and right wrist following the fall, and she had to go to hospital and take six weeks off work. The kerb was in a poorly-lit area and images of the spot make the kerb appear deep and unexpected.

Claim Accident Work Compensation Injury Police

PC Jones had also suffered a knee injury in a previous case, when she was involved in a car crash that followed the pursuit of a criminal. Her car ended up on its side and was declared a write-off. Furthermore, Norfolk Police admitted liability for her injuries.

This incident is being held up as an example of PC Jones' litigious nature, but if you or I were in what sounds like a motor vehicle accident at high speed, we'd claim for car accident compensation too! 

The overall value of her most recent claim is reported to be £50,000, and it is reasonable to assume that an accident at work compensation case of this size will probably have caused the claimant some significant pain and suffering, with possible long-lasting impacts. If she injured her knee in a serious motor vehicle accident, it's completely possible that falling off a kerb could have led to her sustaining personal injuries that are far more serious than those the man on the Clapham omnibus would suffer.

Other policewomen who received less-than-favourable commentary include Hampshire PC Kerry Ann Taylor, who cut her hand open when she attempted to open a window while cleaning out a cannabis factory and received a £4,837 Accident at Work Compensation payout from her employer Hampshire Police.

The Police force spent an additional £145,000 in costs in an attempt to overrule the court's ruling and failed, as lawyers successfully argued that the cannabis factory was a potentially dangerous area and that the police should have foreseen the potential for PC Taylor to have injured herself while working.

Transport for London also recently paid a police officer £10,000 after the person fell off a chair, which the Daily Mail and the London Evening Standard were quick to call an example of 'compensation culture gone mad'. One would assume that the victim was happily sat on a chair which then unexpectedly collapsed, leading to them sustaining some real personal injuries. Would you not expect compensation in a similar situation?

It is worth pointing out that the victims would not have been able to successfully make a claim if they had not sustained some real injuries as a result of their accidents. If someone received £10,000 for 'falling off a chair', it is fair to assume that the fall led to fractured or broken bones or other serious bodily injuries.

For what it's worth, the Police Federation of England and Wales (PFEW) has taken a more nuanced stance towards these news articles. A spokesman for the organisation pointed out that many police officers choose to pay for their own healthcare so they can go back to work as quickly as possible, and that any other employee would be able to seek accident at work compensation so police officers should have the same opportunity.

Speaking about the PC Jones case in particular, PFEW chair Steve Williams stressed that when a police officer is injured whilst on duty, they do not receive any financial compensation from their own police force - in fact, they can end up losing money by receiving a reduction in allowances and half pay, with some officers struggling to achieve specialization or promotion and with others even losing their jobs.

He explained that PC Jones had asked for legal advice regarding claiming back any earnings she lost due to her injury, with the Police Federation agreeing to fund her through a conditional fee basis.

So far, PC Jones has refused to make any public statements, but I would think this is probably a good idea. The police force do a dangerous job and have the right to the same standards of health and safety as any other employee. If I sustained a serious Personal Injury at Work due to the negligent actions of another person, I would expect to receive compensation.

However I could argue that this case shows the importance of public liability insurance. Make space for this in your bottom line. If your business' bottom line can't cope with public liability insurance, then the cost of one accident at work compensation case could be enough to send you into liquidation. Don't run the risk!

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