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Post by Derek Moore on Dec 7, 2013 5:44:35 GMT
Following the recent court case in which a number of Norway engaged divers claimed a compensation claim for injuries received as a result of diving practices in the 1970s and 80s there may be hope that equally a number can claim from the UK as it was a European Court of Human Rights decision See the attached doc 27- 2013.12.06 Norway.pdf (262.51 KB) |
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Post by Derek Moore on Dec 18, 2013 22:04:08 GMT
Well having time due to WOW I have time to read and digest the recent case won by the pioneer divers from Norway in claiming compensation which they took to the European Court of Human Rights (ECHR). The applicant claimed they were all disabled and lost their capacity to work as a result of being so-called Pioneer Divers in the North Sea between 1965 and 1990. The applicants -- five Norwegians, a Swede and an Icelander, all aged between 52 and 71 suffer from a variety of serious health problems including lung, brain and ear disorders following decompression incidents. They argued that the Norwegian state was responsible for their health and had not moved quickly enough to enforce safety regulations covering decompression issues when divers resurface and insti-tuted proceedings against the State before Oslo City Court, claiming additional compensation on the grounds of negligence, violations of Norway’s obligations under international human rights instruments, notably Articles 2, 3, 8, and 14 of the Convention and strict liability. The Court held unanamously that there had been no violation of Articles 2 or 3. A majority of five judges argued that there had been a violation of Article 8 by taking into account the State’s duty to take precaution of ensuring that the divers were given essential information that they needed to be able to assess the risk to their health and to give informed con¬sent to the risks involved. The Court subsequently states the following, cf. para¬graph 245: “In sum, the Court concludes that there has been a violation of Article 8 of the Convention on account of the failure of the respondent State to ensure that the applicants received essential information regarding decompression tables enabling them to assess the risks to their health and safety. Having reached this conclusion, the Court considers that no separate issue arises under Article 2 and sees no need for it to consider whether there has also been a violation of the latter in this respect.” As a result of the breach of Article 8, the applicants were awarded EUR 8,000 each for non-pecuniary damage and costs. That is why the final figure resulted in EUR 26,000 So what does this mean to those of us who work in the UK? The UK DOE who were the safety authority at the time for diving operations equally failed until 1988 to implement corresponding safety regulations regarding decompression procedures. So if any members feels they are suffering ill health as a result of diving practices from the 1970s and 1980s they have the right to take up the same issue against the UK state and claim corresponding compensation. This will also be corresponding evidence that the disablements will be eligible for Industrial Injuries disablement benefit. See……… rmtdivingmembers.proboards.com/thread/54/industrial-injury-disablement-benefitI shall be raising this with the UK HSE at the Diving Industry Committee meeting on the 28th January in London that they should take an active response to the court judgment in implementing industry use of safe working decompression models |
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Post by d069032 on Feb 5, 2021 10:34:39 GMT
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Post by Derek Moore on Feb 5, 2021 15:29:02 GMT
For other readers this is in Norwegian.
Copy the link and put into a google search engine.
Open the link by clicking the translate page to read.
On a side note it will be interesting to see what the ECHR decide.
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