Platinum sensitisation held to be actionable injury The Supreme Court has held that asymptomatic platinum sensitisation can form the basis of an action in negligence, unlike pleural plaques ca...
Criminal liability of OH practitioners Introduction Nearly all criminal prosecutions are brought against employers. However, there are some cases where an OH professional may be p...
Is the worker fit to attend? Summary In an increasing number of cases, employees accused of misconduct go absent with stress, and submit that they are too unwell to atte...
Only partial damages for asbestos-related lung cancer Employers contributing asbestos fibres were held liable, but not jointly and severally for the whole amount of damages since the Compensatio...
Asbestos-related disease, including mesothelioma: compensation Summary This page draws together some material on asbestos-related disease, including mesothelioma. Firstly as regards personal injury claim...
Personal injury Introduction This page deals with civil claims for personal injury. There are separate pages on occupational stress and traumatic shock, and...
If incapacity is due to the employer or work Summary There is authority that employers may need to ‘go the extra mile’ to avoid unfair dismissal if incapacity was the employer’s fault, ...
Personal injury: Occupational Stress Introduction and summary Just as the employer has a common law duty to take reasonable care of its employee’s physical welfare, it also has ...
OH practitioner’s duty of care in civil law Summary Civil liability for negligence is discussed generally on the Personal injury page, the present page focuses mainly on the OH practit...