The injury at work law is more flexible than people think
Society is brought up to believe that the law is very specific, black and white and has no flexibility in it. However, the converse is actually true and that is very apparent in the injury at work law. The injury at work law has developed over the last hundred years or so and has its early roots in the industrial revolution. However, its real foundation of equity dates back to medieval times.
Equity is the basis of modern English law and works on the principle of what is fair and just in any given situation. In modern law, this has been interpreted as what is reasonable. What reasonable means in legal terms is what the average person would think is fair or right to do in a particular situation.
Our issue in modern life is that individuals are going against what their moral compass is telling them simply to avoid doing what they know to be the right thing to do. This is never more apparent than in injury at work law where unscrupulous employers constantly try to override their moral compass in trying to avoid paying employees compensation for injuries they have received at work.
With injury at work law there is a foundation on which many cases are based, however the individual circumstances that surround each case may be different and these differences are where the law can change and move and bring into question the reason for an individual’s actions.
When employees have been injured at work, lawyers defending the companies would love to simply be able to cite one case history for their injury at work law defence. For example, just because an employee was doing something that was prohibited in the workplace does not mean that they cannot claim compensation for an injury they have sustained. The lawyers defending the companies would love it if it were as black and white as that.
One other aspect of injury at work law is a Latin term called Ratio Decidendi. This term in English means the reason for deciding or the reasoning behind the decision. The reason for deciding has, at its heart, what is fair and what is the right thing to do. It is easy to see that companies trying to not pay compensation for an injury they have caused through negligence is not fair and is not right, however they still try.
Accident Advice Helpline is an independent company established over 15 years ago with the purpose of helping individuals claim compensation for injuries they have received in many different circumstances, whether that be a road traffic accident or a workplace injury. They work with hundreds of solicitors many of whom are injury at work law specialists.
These lawyers have their moral compass set at doing what is right and fair for the claimant and will often cite this central legal concept to win compensation cases. The combination of equity and Ratio Decidendi ensures that injury at work law stays flexible and moves with the times. Simply call Accident Advice Helpline on their freephone numbers 0800 689 0500 or 0333 500 0993 from a mobile.
Date Published: 24th January 2013
Author: David Brown
Category: Accident at work claim