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Accident and Civil Claim Management
Key factors affecting your organisation:
- Access to Justice Act 1999
- Health and Safety at Work Act 1974
- Management of Health and Safety at Work Regulations 1999
- Employers Liability (Compulsory Insurance) Regulations 1998
- Pre-Action Protocol for Personal Injury Claims (Civil Procedure Rules)
Accidents frequently result in a civil claim (3yrs after incident):
- Payments can be high £20,000-£150,000 typically for normal workplace incidents.
- Letter of claim response time 21 days, 3 months for investigation.
- The claim system is practically bias:- requiring employer to prove innocence.
- Pre-incident risk assessment rarely documented.
- Post incident risk assessment and revised safe system of work not performed
- SME's are often targeted repeatedly by the same individual employees.
- Marked increases on employer's liability insurance costs.
- Loss of insurance renewal opportunity:- Risks business existence
Best Defence Process:
- Proactive approach best:-create procedures for Risk Assessment and Accident investigation
- Document and investigate all accidents irrespective of scale.
- React immediately on receipt of claim notification letter.
(Consider whether to defend or settle early in the process)
- Prepare the defence documentation
- Issue defence evidence to legal council.
- Revisit the hazards of the process concerned and any corrective actions
- Court case Judgment and contributory issues.
- Review with insurance provider/broker for lessons learnt.
Services Offered:
To provide effective technical support to your organisation to provide the information and documentation evidence
& associated services to minimise any likely losses to your organisation resulting from injury or ill health claims.
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