Serious injury at work - what next?

AdmiralX

!!!!!! wrote: »

Only applies in cases of fatality, HSE are quite capable of prosecution in other cases

Applies also in the serious injuries as well. The local authorities normally publish on their websites the information on their requirements of "reporting an accident". I have seen that some LAs doing so and in the case of serious injuries requiring reporting to police like here: http://www.richmond.gov.uk/accidents_at_work.

A court decides whether to prosecute

dickydonkin

AdmiralX wrote: »

Applies also in the serious injuries as well. The local authorities normally publish on their websites the information on their requirements of "reporting an accident". I have seen that some LAs doing so and in the case of serious injuries requiring reporting to police like here: http://www.richmond.gov.uk/accidents_at_work.

A court decides whether to prosecute

No it doesn't - a court will 'decide' if the offender is guilty or not guilty (or not proven in Scotland). In the case of an incident that falls under the HASAW act, it would be the HSE or the local authority that would decide whether to prosecute.

The police will generally only become involved in a workplace fatality - although I have seen where an ambulance has been called to a factory following an accident and the police have also attended - however, if there was no fatality, they will leave the situation to be investigated by the enforcing body.

AdmiralX

dickydonkin wrote: »

No it doesn't - a court will 'decide' if the offender is guilty or not guilty (or not proven in Scotland). In the case of an incident that falls under the HASAW act, it would be the HSE or the local authority that would decide whether to prosecute.

The police will generally only become involved in a workplace fatality - although I have seen where an ambulance has been called to a factory following an accident and the police have also attended - however, if there was no fatality, they will leave the situation to be investigated by the enforcing body.

Depends on LAs
I have been to listen a trial in London, the court decides on small sentences but decides also whether to refer to cps.

dickydonkin

AdmiralX wrote: »

Depends on LAs
I have been to listen a trial in London, the court decides on small sentences but decides also whether to refer to cps.

Put very simply - in most cases where a H&S breach has occurred, the HSE/Local Authority have to decide whether there is sufficient evidence to progress a prosecution. If all of their criteria has been satisfied, they will submit all of the evidence to the CPS who in turn will decide whether to proceed with the prosecution or not.

If there is sufficient evidence, then in the first instance, the matter will be referred to magistrates court - who in turn will decide whether the breach has been serious enough to warrant a referral to Crown Court.

Only recently, new legislation came into force (Health and Safety Offences Act 2008) that gives more power to magistrates courts which should reduce the need for Crown Courts to deal with 'less serious' H&S breaches - although in my mind, every breach is serious!

But back to your post, the CPS would instigate the the trial process - it would be the magistrates court who would generally refer the case to crown court.

WhiteHorse

Uncle_Cuddles wrote: »

His work is trying to make out it was his own fault because he should not have been there and witnesses say he did not "brace" enough when he was told to (he can't remember this).

If he "shouldn't have been there", then they should have sent him away. It was a 'dangerous area' and they allowed this?

If he "didn't 'brace" then he obviously didn't have the 'right training'. Throw their own gobbledegook back at them.

Don't do anything until you have taken legal advice. They will try to trap him.

He is not in a union and is not sought any advice.

Get a free interview with a specialist solicitor (most offer a free 30 minutes or so).

Any Legal Expenses cover on his house insurance?

I am loath to suggest he just goes to see a no win no fee solicitor, but I can't think of anything else.

Some can be quite good. Just watch out for the small print.