Apparently, a few days ago, in the mythical land of Oz, the AXA man (distant relation to the Tin man) and the Straw man presented a wizard idea to an invited audience. ‘There is no such thing as whiplash’, they declared, ‘even if it existed, which it doesn’t, it doesn’t hurt. If you think something might be wrong and if you hurry, you can see one of our approved doctors over in Munchkin Land who will tell you how to get back to work asap. Naturally, the Wizard will not be paying compensation under any circumstances – premiums are high enough around here, what with accidents happening every day.’
‘Occult futurists’, Prime Minister David Cameron (Dave) and Business Secretary Vince Cable (Vince), have together developed a secret plan ‘The Dave-Vince Code’ which is designed to dismantle health and safety legislation in the UK on the spurious grounds that less regulation will free up business to create jobs and grow the economy.
We believe that this Code is an invidious and systematic assault on the right of workers and the general public to expect the highest possible standards of protection from hazards and threats to health and the right to fair compensation if accidents occur.
We shall lay bare some of the key tenets of the Code as illustrated by the pronoucements of Dave and Vince and demonstrate the flawed thinking and (sometimes) blatant subterfuge employed to bolster party political dogma and the vested interest of the insurance companies.
Dave – 1st Dec 2009, interview in The Telegraph:
“I want to exempt entire categories of workers and organisations from the fear of litigation or prosecution because of ‘over-the-top’ health and safety rules.”
“A Conservative government would amend the Compensation Act to abolish negligence claims for activities where it should be obvious there is a risk-for example, sport and adventure training.”
It is only some organisation’s fear of litigation that keeps many workers safeand we know how often THAT works.
Thus the early clues to the Code were embedded back in 2009. What the then future PM was saying loud and clear was that he would abolish negligence claims for dangerous activities.So, the activities known to be dangerous will remain dangerous,and if you participate in any of them and get injured – tough luck. Tell that to Sarah (see video testimonial: http://www.bonnarandco.com )
Dave – 10th July 2010, commenting on Lord Young’s report, ‘Common Sense – Common Safety’:
“It is is clear from Lord Young’s work that there was ‘too much intrusion’ into everyday life from health and safety bureaucracy.”
“He has done a brilliant job helped by members of the public who have been sending in examples, including a schoolteacher who sent in a ten-page form that has to be filled out when you do any sort of school trip.”
The only thing that is clear is that the PM has swallowed the potion concocted by the insurance industry and tabloid press that has made him immune to rational thinking on health and safety matters and oblivious to the concerns of the public.
Dave – 5th Jan 2012 in repsonse to the Lofstedt report, ‘Reclaiming Health & safety For All’:
“Health and safety can too often sound farcial or marginal..so there is something else we are doing: waging war against the excessive health and safety culture that has become an albatross around the neck of British businesses.”
“So one of the Coalition’s New Year resolutions is this: kill off the health and safety culture for good. I want 2012 to go down in history not just as Olympics year or Diamond Jubilee year, but the year we banished a lot of this pointless time-wasting from the economy and British life once and for all.”
‘Farcical and marginal’ – ironic or what? Now it’s all out war on the nation’s health and safety infrastructure. An invidious mantra indeed for a nation’s leader…made more invidious by his hi-jacking of Professor Lofstedt’s report and crass manipulation of it’s findings – see below.
Dave – 14th Feb 2012 insurance industry summit, 10 Downing Street:
“I am determined to tackle this damaging compensation culture which has been pushing up premiums. I want to stop trivial claims, free up businesses from the stranglehold of health and safety red tape and look at ways we can bring costs down.”
“The insurance industry plays such an important part in all our lives – it is there to help when we are at our most vulnerable and at greatest need. But I want to ensure that we all do what we can to help people through this difficult time.”
The PM’s psychophantic eulogising of the insurance industry illustrated his total conversion to the ‘dark side’ of the health and safety debate and his refusal to meet with the Unions or APIL, the Association of Personal Injury Lawyers, confirmed his intention to ignore the legitimate concerns of millions of ordinary people.
Note to PM and ABI – injured people and their families are voters too and they pay insurance premiums.
Vince – Federation of Small Business Conference, 23 March 2012:
“…But there is another issue that blights your working lives and stands in your way as you strive to grow your business – and that’s the burden of red tape and regulation. So I would like to say a little about that before I close.”
The one true blight of working lives in this country right now is not the ‘red tape’ restricting growth but the coalition’s determination to roll back 175 years of progress and take working conditions back to Victorian Britain.
Even the entrepreneurial Americans don’t buy the argument that health and safety regulations damage jobs ( http://news.bonnarandco.com/us-health-and-safety-laws-are-good-for-busine). So just what book of alchemist spells are Dave and Vince reading?
Vince – 10th September 2012, announcing ‘bonfire’ of health & safety regulations in parliament:
“Businesses need to focus on creating jobs and growth rather than “being tied up in unnecessary red tape. I’ve listened to those concerns and we’re determined to put common sense back into areas like health and safety, which will reduce costs and fear of burdensome inspections.”
“From April 2013, only companies operating in high risk areas such as construction or with a track record of poor performance will face regular visits from safety inspectors.
By ensuring regulation becomes a last resort, we will create an environment that frees business from the burden of red tape,helping to create the right conditions for recovery and growth in the UK economy
Despite the evidence of decades and a litany of public and private tragedies – Aberfan, Flixborough, Piper Alpha – plus countless unpublicised avoidable accidents, are we to simply believe that cutting back on health and safety regulation will make our economy stronger and our living and working environments safer?
We’d sooner believe that Dave and Vince can create gold from base metal.
FOOTNOTE TO THE SNEAKY AND THE SCURRILOUS:
How this government is blatantly ignoring its own commissioned research and is actively engaged on a process of regulatory vandalism which WILL result in loss of life, serious injury and long-term health problems for this nation’s workforce.
If anyone is unfortunate enough to get injured at work or to contract an occupational illness they can look forward to a very difficult AND GROSSLY ONE-SIDED fight for justice and fair compensation.
THIS IS AN OUTRAGE AND A SCANDAL, PERPRETATED BY A GOVERNMENT THAT HAS TOTALLY BOUGHT INTO THE DECEITFUL AND VINDICTIVE APPROACH OF THE INSURANCE INDUSTRY IN ITS EFFORTS TO CUT ITS COSTS AND BOOST ITS PROFITS.
IS IT REALLY TOO MUCH TO EXPECT BETTER FROM A GOVERNMENT?
HERE’S THE TRUTH …
In October 2012 the government announced an amendment to the Enterprise and Regulatory Reform Bill. The new Business minister, Matthew Hancock, told MPs this was based on Professor Löfstedt’s recommendations and would remove the concept of “strict liability” – whereby companies are liable for injuries regardless of negligence if certain health and safety rules are breached.
“The fear of being sued drives businesses to exceed what is required by the criminal law, diverting them from focusing on sensible preventive health and safety management and resulting in unnecessary costs and burdens,” he said.
However, the Löfstedt review did not call for the blanket removal of strict liability. Instead it called for a review of where strict liability was necessary. “These proposals were sneaked into the Bill at the last possible moment after the legislation had been through committee.”
What Professor Ragnar Lofstedt really thinks about the removal of strict liability.
‘Reclaiming health & safety for all: a review of progress one year on.’
Page 11, paragraph 30:
An amendment to the Enterprise and Regulatory Reform Bill 2012-13 is being used by the Government to deliver the recommendation on strict liability. The amendment has proved to be highly controversial and has provoked much debate, including amongst the members of my Advisory Panel.
I have also been lobbied by many interested stakeholders including personal injury law firms and trades unions.
My understanding is that the proposed amendment to the Health and Safety at Work Act reverses the current position on civil liability. This means that, unless exceptions apply, claims for compensation in relation to breaches of health and safety legislation will need to prove that the employer has been negligent.
The approach being taken is more far-reaching than I anticipated in my recommendation and, if this amendment becomes law I hope that the Government will carefully monitor the impact to ensure that there are no unforeseen consequences.
What Professor Lofstedt really said about the EU and health & safety legislation in his original report.
Page 4, paragraph 9
Many of the requirements that originate from the EU would probably exist anyway, and many are contributing to improved health and safety outcomes. There is evidence, however, that a minority impose unnecessary costs on business without obvious benefits.
What Professor Lofstedt really said about health and safety regulations in his original report:
Page 7, para graph 2:
The general sweep of requirements set out in health and safety regulation are broadly fit for purpose.
..and in repsonse to government spin:
“I have neither seen nor heard any evidence to suggest that there is a case for radically altering or stripping back current health and safety regulation.” In general the regulations are “fit for purpose.”
What Professor Lofstedt really said about Health & Safety Executive inspections in his original report:
Page 79, paragraph 2.
The evidence suggests that businesses can benefit from and value inspections, with SMEs welcoming the constructive, reasonable advice and guidance that it can provide to help them improve health and safety in the workplace 200. Nearly nine out of ten employers who have had contact with HSE see it as a ‘helpful’ organisation.
What Lord Young really said about the ‘compensation culture in ‘Common Sense – Common Safety.’
Britain’s ‘compensation culture’ is fuelled by media stories about individuals receiving large compensation payouts for personal injury claims and by constant adverts in the media offering people non-refundable inducements and the promise of a handsome settlement if they claim.
It places an unnecessary strain on businesses of all sizes, who fear litigation and are subjected to increasingly expensive insurance premiums.
The problem of the compensation culture prevalent in society today is, however, one of perception rather than reality.
Written by Andy Thorogood, Business Development Manager, Bonnar Accident Law.
Monday’s Dispatches investigation on Channel 4, presented by Harry Wallop certainly packed a punch and was a welcome riposte to the insurance lobby’s PR deluge of misinformation, miscreancy and mendacity.
We hope it is the first of many broadsides in the fight to redress the balance in favour of the British public’s entirely reasonable expectation to be treated fairly by some of the world’s largest corporations.
Not much to ask you would think but these guys have had it their own way for so long now and have so successfully weasled their way into government circles that they are setting the insurance agenda for all of us. A concerted effort by the concerned is required NOW to identify the real villains of the piece and the true insurance scammers operating in this dysfunctional market.
In our opinion this documentary was a good first step because it exploded the myth that insurance companies are primarily concerned about us, their customers.
The film absolutely nailed the point that the insurance companies and accident management firms are only concerned about maximising their profit margins as they pressurise motorists to deal with their ‘approved’ body shops and pressurise the garages to carry out work at minimal cost., often using non-standard parts.
Now this would not in itself be such a problem if savings were shared between insurance companies and policy holders and work was carried out to a high standard but this does not happen…and our premiums go up and up.
Evidence from experienced people in the trade confirmed that the pressure insurance companies put on body shops to cut costs compromises the integrity of the damaged vehicle and the safety of the driver and their family.
The story gets worse.
If a driver is involved in a no-fault accident his/her insurance company will seek to max out the ‘value’ of the claim by shamelessly inflating the cost of the repairs and hitting the other side for all they are worth….and who pays for this?
Correct. We do every day.
Whilst the insurance companies are busy portraying themselves as ‘holier than thou’ and the nation’s protectors of the vulnerable, they are busily scamming the market for every penny they can extract from supplier rebates and other kickbacks and exploiting their customers without any regard to the principles of good business practice, far less business ethics.
The insurance companies then have the bare-faced audacity to stuff their own pockets with all this extra ‘bunce’ and then claim that innocent accident victims who have the temerity to claim compensation are responsible for the hike in premiums which the Office of Fair Trading (OFT) states are inflated to the tune of at least £250m per annum by the industry’s own malpractices.
Their underhand tactics have thankfully not gone completely unnoticed. The OFT has announced that it will be investigating the insurance market, despite the best efforts of a toadying government to foster the myth of a compensation culture and agree to virtually everything the Association of British Insurers (ABI) has demanded in recent years.
In typical weasel word fashion, as befits its modus operandi, the ABI claims that it welcomes an investigation. Aye right, we’ll see…as we live in hope.
If a claim is known to be fraudulent why does the industry not take action to prosecute the fradusters? The conclusion must be that the insurance companies are spending a hefty chunk of our car insurance premiums on fraudulent claims. Perhaps the ABI’s Nick Starling can explain why this SCANDAL is allowed to go on unchecked.
Could it be that there are far fewer fraudulent claims than suits the ABI position and that the creation of the ‘bogeyman’ of an insurance fraudster is a very useful whipping boy when it comes to peddling lies about whiplash claims and the impact on premiums?
We will be asking the OFT to look at this matter very closely…and checking with Harry Wallop to see if he is planning to look at the government’s and the insurance industry’s perverse approach to dealing with personal injury claims.
Written by Andy Thorogood, Business Development Manager, Bonnar Accident Law.
Chiming nicely with this Government’s anti-health and safety mantra, a new ‘think tank’ report claims that “an ingrained compensation culture is bleeding health and education services dry,”…
Independent study? Oh really?
Well at last the Government has unearthed somebody who thinks hurt and injured people seeking compensation are the cause of all that’s wrong with the NHS and the education system…
Glib tabloid sound bite – 1, reasoned debate – 0.
Payouts by the NHS Litigation Authority (NHSLA) have trebled in the past decade, standing at £911m in 2010/11, according to the report by the Centre for Policy Studies at Kent University.
Of this, £863m was paid in connection with clinical negligence claims, the report says.
OUR QUESTION: Did those claiming compensation not have to PROVE negligence?
Are we expected to believe that insurance companies just simply pay out on spurious claims? Don’t think so. If that was the case we would be blaming the insurance companies for the myth of the ‘compensation culture…wait a minute…
So what is the real issue here? Is it the cost of compensation claims or falling standards of care and education?
The report adds that as of March last year, the NHSLA estimated its potential liabilities at £16.8bn, though a large proportion of cases do not reach court.
Out of 63,804 medical negligence claims received by the NHSLA, 38% were abandoned by the claimant, 45% were settled out of court 3% had damages approved or set by a court and 14% have yet to settle.
Tim Knox, director of the Centre for Policy Studies, said: “This rise in the compensation culture has huge – if largely hidden – costs. In particular, it has created a climate in which professionals will prioritise litigation avoidance above what is best for their pupils or patients.”
This is an outrageous and unsupported claim. Mr Knox is asserting that NHS clinicians and school teachers are putting patients and pupils a poor second behind financial considerations.
By the way, why is the HSE silent when reports like this are churned out? Isn’t the HSE keen to dispel health and safety myths? There is a section on the HSE website dedicated to this very topic…
Meanwhile, back in the Twilight Zone, Mr Knox, at a stroke, has just RUBBISHED the ethical standards of hundreds of thousands of highly paid, highly qualified and highly respected professional people throughout the UK.
The report goes on to warn that instead of improving safety and accountability, it (the oft-quoted ‘compensation culture’, has resulted in “significant costs to the quality of services and the experiences of those who use them”.
Lest the dead horse has not been flogged enough, it continues: “The combination of an ingrained compensation culture and litigation avoidance is bleeding the health and education services dry, both financially, and in terms of their public sector ethos and professional role.”
Report author Professor Frank Furedi said fear of legal action can hold back progress and creativity. “It erodes professional autonomy, stifles innovation, leads to defensive practices in both hospitals and schools and encourages greater bureaucracy,” he said.
Wow, we say, Professor Frank. That’s quite a lot to lay at the door of the non-existent compensation culture. It’s not us saying it’s non existent; it’s the two recent Government sponsored reports on the subject that rubbished the notion of a compensation culture:
‘Common Sense – Common Safety’ – Lord Young, 2010.
‘Reclaiming Health and Safety for all’ – Professor Ragnar Lofstedt, 2011.
However, according to Frank Furedi, “‘Best practice’ is now defined as having checked all the boxes in a quality assurance form rather than doing what is best for the patient or pupil.”
About all we can say for this study is that it checks the box for finding a study to support the ill-founded notion of a compensation culture and thus the Government can happily push on with its Crusade against the legitmate rights of its citizens to seek justice and fair compensation.
What must Lord Young and Professor Lofstedt think?