The High Court has overturned the calculations of reparation made by the District Court in two health and safety prosecutions.

Compensation by way of reparation for emotional harm can be ordered by the Court.  The appeal however related to compensation for physical harm caused to the victim.

The High Court held that reparation for physical harm can only relate to the shortfall between the compensation awarded by the Accident Compensation legislation and what the injured or deceased person would have received during the period that the accident compensation pays for loss of wages.

The Court also held that any payment of reparation must take into account not only what the Accident Compensation Corporation would be paying, but also what the employer might have paid directly to the victim or the victim’s family, and that includes insurance payments arranged by the employer.

Alan Knowsley

Health & Safety Lawyer