The rallying cry of Workers’ Memorial Day is ‘remember the dead, fight for the living’. The memorial day is observed throughout the world to mark the fact that every year more people are killed at work than in wars. The lives of these workers are commemorated on the 28th April. In the UK the
Health and Safety Executive notes that in 2006/2007 241 people were killed at work and that in 2005 (latest figures available) 2037 people died of mesothelioma.
Mesothelioma
Mesothelioma is a cancer of the pleural and peritoneal lining. It is considered to be exclusively caused by asbestos exposure. Unfortunately there is no know cure. Mesothelioma has a long latency period (time between exposure and onset of disease) of at least 15 and sometimes as long as 60 years. The number of mesothelioma deaths in Great Britain is estimated to peak somewhere between current levels and 2450 deaths some time during the period 2011 to 2015.
Mesothelioma tends to affect people who have worked as boiler fitters, pipe-laggers, in the shipping industry, or in other insulation-related work. In the UK there are a number of hotspots, such as in Barking and Dagenham, where local people are much more likely to suffer from mesothelioma. Barking and Dagenham is the tenth worst place in the UK for men suffering from asbestos-related cancers, many of them having worked for Cape Insulation Limited, an asbestos factory that used to operate in the borough.
Lawyers in the industrial diseases team at law firm Leigh Day & Co have been instrumental in the formation of the Barking and Dagenham Asbestos Support Group. They are experienced in bringing claims of behalf of many types of workers and their families who have contracted mesothelioma. It is particularly important, given the short period of time between the diagnosis of and death from mesothelioma, that claims are handled speedily and lawyers at Leigh Day are experts at using the High Court’s fast-track mesothelioma system for the benefit of their clients. For a free initial consultation please contact
Daniel Easton or
Vijay Ganapathy.
Construction industry
In the last 25 years 2,800 people have died in construction industry incidents. If anything the trend seems to be rising, in 2006/2007 the number of fatalities was 77, a 25% increase on the previous year. The construction industry is one of the most dangerous industries to work in. The Health and Safety Executive has
reported that more than a third of 1,000 construction sites visited by safety inspectors in February 2008 alone “put the lives of workers at risk”. Inspectors served 395 enforcement notices and stopped work at 30% of sites visited. Geoffrey Podger, chief executive of the HSE said “ ...our inspectors were appalled at the blatant disregard for basic health and safety precautions”.
Leigh Day & Co has represented a number of individuals and families whose loved ones have either died, or have been seriously injured in workplace accidents. Partner
Sally Moore recently attended a memorial ceremony for Kieron Deeney who died in 2004, when he fell 40 feet to his death when a hatch cover he was standing on gave way. He was working at a Laing O'Rourke site close to Canary Wharf in East London. The inquest into his death decided on a verdict of ‘unlawful killing’, Sally represented Kieron’s widow Jennifer, in her successful claim for compensation.
The coming into force of the
Corporate Manslaughter and Corporate Homicide Act 2007 introduced a new offence across the UK for prosecuting companies and other organisations where there has been a gross failing throughout the organisation in the management of health and safety with fatal consequences. The new offence came into force on 6th April 2008. The act also extends to prisons and could prove to be an importance instrument for bereaved families who have campaigned for accountability following the deaths of loved ones at work.
However, the Centre for Corporate Accountability has expressed disappointment at the proposed level of fines under the act which have been set at between 2.5% and 10% of the annual turnover of a corporations convicted of manslaughter.
Migrant workers
Recent research,
Migrant workers in England and Wales: an assessment of migrant worker health and safety risks (2006), supported by the Health and Safety Executive, has revealed that the health and safety of migrant workers is of particular concern in the UK. The research outlined the potential for exploitation of migrants and other workers in sectors where attention to health and safety is poor, and highlighted the challenges to employers, HSE and other agencies in tackling the problems. Tragedies such as the deaths of Chinese cockle-pickers in Morecambe Bay and the deaths of migrant workers in a road traffic crashes whilst being driven to work at agricultural jobs are just some examples of people whose lives will be commemorated on Workers’ Memorial Day. Britian remains a popular destination for migrant workers who are often expected to work in unacceptably dangerous conditions. Leigh Day & Co is currently representing a number of Polish workers who have been seriously injured on building sites where health and safety standards were inadequate. We also act for a number of families whose homes were ruined when a 165 foot crane on a nearby worksite fell on them in Battersea, two people died in this incident.
Workers' Memorial Day
Hundreds of deaths continue to occur in the workplace, the majority of which could have been avoided. Workers’ Memorial Day offers an opportunity to lobby for stricter safety enforcement and higher penalties for breaches of health and safety law.
Daniel Easton, partner in the personal injury department at Leigh Day & Co comments:
'Health and safety standards have come along way over the years, which can only be a good thing from the perspective of workers, particularly in the construction industry. However, despite this progress, we continually hear stories of workers' health being put at risk and which all too often results in injuries ranging from minor scrapes to catastrophic life-changing accidents.
Unfortunately, with its abestos legacy, the UK has a long history of failing to adhere to safety standards, despite the knowledge of risks at work. Workers Memorial Day is an important reminder of the need for employers and employees everywhere to put health and safety first. The tragic statistics that the number of fatalities rose last year unfortunately seems to confirm that health and safety is not always a primary concern.'
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