Employers to foot the hospital bill for injured workers
7 February 2007

A PRESTON lawyer has warned local businesses that they may have to foot the bill for medical treatment received by its employees for accidents at work because of new changes in the legislation regarding the recovery of NHS charges.   

The new legislation, which came into effect on January 29 2007, permits the NHS to claim back money for treatment to patients who have received personal injury compensation for injuries as a result of their accident, from the person or party that was found liable for causing the accident.

Jane Booker, a partner at Preston-based law firm MWR Solicitors, said: “The new legislation means that if an employer pays compensation to an employee for an accident at work, in which they suffered injuries that required hospital treatment, the employer could also be liable to pay for the cost of the treatment.

“There have been warnings from many insurers that the new legislation could bring about multimillion-pound increases in insurance premiums because of the estimated £150 million a year that the NHS could recover.

“As case law develops throughout the year we will be able to build a better understanding of the effects of the new legislation but as things stand many business owners could be in for a nasty shock when they renew their insurance policy.”

MWR acts for trade union members across the UK in many different personal injury and accidents at work cases.

Jane continues: “The new legislation will affect all personal injury cases and it is believed that the new system will operate in a similar manner to the current regulations surrounding road traffic accidents.

“This means that any person or organisation found liable for causing an accident in which they paid compensation to one or more people who suffered injuries requiring hospital treatment, will be liable to pay additional costs to the NHS.”