Posted By Robert M Edwards It is an interesting point but I think one difficult for you to engage in fully. It depends upon the H&S role in each company but we see some conflict in you giving out advice whilst under contract of your employer. You could find yourself in breach of your own employment contract as a finding of negligence by you would take you close to the line. I think it is a good idea H&S professionals understand what makes up a claim rather than making judgements on their triviality or otherwise based on visual evidence alone. Many employers also offer legal advice helplines to their employees on a range of areas, this could be a useful way of ensuring fair play. It also takes you away from the conflict should you have to give evidence and protects the role of the H&S pro who needs to be objective. What has suprised me on this site is the mention of litigation culture and money and the disparaging comments. Part of excellent risk management is about looking at the validity of potential claims and ensuring as many of the factors are put right to avoid similar claims in the future.

Posted By Roger Smith I agree that advising on civil claims to accident victims is not our role and never should be. However, on one or two occasions I have been asked for advice by friends or colleagues who have been pursuing claims against their and my own employer. On such occasions I have avoided giving direct advice and limited myself to an attempt to help and enable them to better understand the claims process that they have become involved in and to suggest the sort of questions they need to ask themselves and their legal adviser before they make any decision, (e.g. whether or not to accept an offer to settle out of court). To do more would place us in an untenable position between management and staff. Instead of being a voice of reason we could be viewed by either side as being pro the other and our job would become impossible. Roj

Posted By Geoff Burt Eric I'm not sure there are any 'facts'. Anecdotal evidence suggests to me that insurance companies will happily (if that is the right word) pay out up to £5k without a fight because of the cost of defending a case. I know of one Factory Manager who is hopping mad at his insurance company. An operative was hit by a hand pushed trolley and suffered minor bruising to his leg. He took a week off and claimed via one of the 'no win no fee' lawyers. The Manager wanted to fight the case and advised the insurers accordingly. But they paid out over £2000 to the employee without further consulting the Manager. His fear is that everybody who has a minor accident will take excessive time off and claim compensation. My opinion remains that it is not within the role or remit of H&S professionals to get involved in providing advice on the legal side of these matters. There are a number of other outlets staffed with people who are competent to deal with legal issues. Geoff