Musicians’ Health: Legal Aspects of Claims in the UK for Musculoskeletal Disorders Simon Wood.

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Presentation transcript:

Musicians’ Health: Legal Aspects of Claims in the UK for Musculoskeletal Disorders Simon Wood

The background Musicians and health and safety. Prevention is better than cure (or claim). Trade unions are there to help.

The medical conditions Musculoskeletal disorders. Upper limb disorders. Occupational v constitutional.

Different legal systems Codification of employers’ legal duties. Recognised occupational conditions. UK fault-based system. Civil claim for compensation.

What has to be proved? Injury. Forseeability. Breach of legal duty. Causation. Burden of proof.

Employers’ legal duties European Directives. UK Regulations. Negligence. Risk assessment.

Key factors Force. Posture. Repetition. Other factors.

Issues and case examples Who is the correct Defendant ? What constitutes work equipment ? What constitutes unsafe posture ? Medical causation.

Adequate breaks. Training and information.

Future challenges Deregulation and self-regulation. State inspections and enforcement. The role of occupational health. The role of workers and unions.

Privatisation and sub-contracting of employment. Security of employment. Movement of labour.

Simon Wood – Thompsons Solicitors Sheffield, United Kingdom