Victims made to pay in new offenders bill

Victims made to pay in new offenders bill

Victims of occupational injuries or diseases will be unable to afford a compensation claim or will have to pay the legal costs as a result of a proposed law introduced this week by the government. The TUC says provisions in the Legal Aid Sentencing and Punishment of Offenders Bill to switch the cost on personal injury cases from those who negligence caused the problem to the victims will not deliver a saving to the government but 'will simply line the pockets of insurers.' The Bill will do away with Conditional Fee (CFA) or 'No Win No Fee' agreements. These currently allow all legal costs, including the solicitor's success fee, to be recovered from the negligent defendant. Under the proposed new law, the injury or disease victim will be expected to give up 25 per cent of their compensation to meet his or her legal costs, even in cases where the defendant has been grossly negligent. The draft law leaves open the possibility for victims who lose cases to be required to pay legal costs incurred by the employer. The changes have been criticised by unions and work injury and disease victims' advocates. TUC head of safety Hugh Robertson commented: 'This bill will mean that many workers who suffer an occupational injury or disease will no longer be able to afford to make claims against their employer or, if they do manage to fund a case, will find their damages reduced. It is a blatant assault on victims and will simply line the pockets of insurers.' Tony Whitston, chair of the Asbestos Victims Support Groups' Forum UK, said dying workers are being 'told that they must carry the risks of suing for compensation', adding 'isn't the risk of losing their lives enough?' He said the reality of the 'shameful attack' is only negligent firms and insurers will benefit from the government proposals. 'The fact is that many frail and terminally ill sufferers will no longer sue for compensation, fearing more uncertainty and stress of litigation,'he said. The union Unite said there were other damaging changes in the proposed law, estimating 650,000 people 'could be denied legal aid and advice to help them with housing, employment and immigration problems.'

Legal Aid Sentencing and Punishment of Offenders Bill [pdf]. Prime minister's office news release and transcript of related press conference. ASGVF news release [pdf]. Unite news release. Irwin Mitchell Solicitors news release. Simpson Millar Solicitors news release.