LRD guides and handbook October 2021

Health and Safety Law 2021

Chapter 2

Personal injury claims victory

[ch 2: page 43]

In February 2021, the Usdaw shopworkers union welcomed, as a victory for the Justice for injured workers campaign, new regulations confirming the small claims limit for workplace injury claims will remain at £1,000.

The Civil Liability Act 2018 reformed “whiplash” compensation claims and paved the way for new regulations to double the small claims limit from £1,000 to £2,000 for work-related personal injury claims. A broad coalition, including unions, the Law Society, Association of British Insurers, British Safety Council and Thompsons Solicitors, called on the government to step back from pushing more workplace injury cases through the small claims court process.

“Employees injured at work need legal representation to help ensure that those responsible are held to account and that health and safety standards in the workplace are maintained,” said Usdaw general secretary Paddy Lillis.

The original proposals would have moved a significant number of these cases into the small claims court where legal costs cannot be recovered, forcing injured employees to represent themselves in a complex legal process without adequate advice and support, he added.