The use of CCTV cameras in the workplace has increased dramatically over the last few years. Employees often resent the “big brother” implications of being watched at work however when a serious injury at work is suffered the video evidence can be crucial.
We recently acted for a Flintshire factory worker injured in a fall from the tail lift of the vehicle he was emptying. The vehicle had been fitted with cameras over the tail lift that helps with security. The footage clearly showed the worker falling from height and sustaining moderate injuries.
Arguments about the safety features of the tail lift lasted well into the case but we were able to show that tail lifts can be designed to minimise the risk of injury from falls even further.
This case highlights how recent changes introduced by the Government are set to reduce the prospects of an injured employee recovering compensation for a work accident even further. This comes from the removal of the right of an injured worker to use his employer’s breach of health and safety regulations evidence of negligence. In the past if we could show that employers had not adhered to state of the art health and safety procedures and had therefore breached health and safety regulations we would succeed in a legal action for damages.
This right has been removed by the Government in a move that takes health and safety at work law back at least 100 years. This case had the advantage of being issued before the change in the law and would now be more difficult to win.