Claim in UK over US injury


A member of the PCS public and commercial services union injured while working abroad can claim compensation under English law, allowing for a higher level of damages to be awarded.


Nicholas Callow fractured his wrist while opening a security door at the British Embassy in Washington DC. PCS instructed union solicitors Thompsons to represent him and the firm issued proceedings on his behalf from the UK. 


The defendants — the Ministry of Defence and Foreign and Commonwealth Office — argued English law was not applicable as Callow lived in the US, was engaged to a US citizen, had expressed a desire to remain there and his work contract was permanent.


However, Thompsons successfully argued that the harm suffered was more closely connected to England than the USA. It said he had entered into his contract of employment in England, his contract implied English health and safety standards would be adhered to as far as possible while staff were engaged in work overseas, and it was the organisation located in England that had the final say over health and safety issues. 


It means that Callow can now pursue a compensation claim for his complex regional pain syndrome under English law.

https://www.pcs.org.uk/news/mod-member-able-to-pursue-injury-legal-case-thanks-to-pcs-and-thompsons