Insuring your Health and Safety
INCREASED ENFORCEMENT: Alongside the new law, WorkSafe New Zealand is increasing its enforcement activity, which could increase the potential for prosecution if a substantial breach is identiﬁed. Although the Health & Safety at Work Act speciﬁcally states that you can’t insure for health & safety ﬁnes, you are able to get insurance for the legal costs of defending yourself if you’re prosecuted for a breach of the law.
HIGHER REPARATIONS: In addition to the new health & safety laws, the passing of the Sentencing Amendment Act 2014 has extended the ability of judges to award reparation to meet any shortfall in a victim’s ACC compensation. This will result in potentially larger reparations and more expensive defence costs. Before these changes, an injured party may have faced a shortfall in what they received from ACC.
Shortfalls can arise for a number of reasons:
Now judges can require that defendants pay reparations to close any gap. Imagine having to pay as a lump sum 20% of a person’s salary for the rest of their lives if they’re permanently injured.
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