Posted By Jason Gould
I went to a safety group meeting recently with the intent of finding out the benefits of joining the group. At this meeting there was a guest speaker talking about the Claims culture and she mentioned some things company safety managers should be aware of to avoid additional cost being added to each claim. I never had anything on me to take notes but found this very interesting and well presented.

Does anyone with experience of ongoing claims have a good checklist or info that would be of use to a potential safety manager so as they could better deal with these situations as and when they arise.
I am just a tad pre-occupied at the moment to spend time researching this deeper.

Thank you in advance

Jason

Posted By Jason Gould
Thanks John

It was also discussed about the extra fees claim companys can add when a responce is not given in certain time limits and the fact that some claim firms add misleading requests as to make a company take longer in responding so as they can charge these fees.

This is what I am finding difficult to fully understand and would like some advice on how this happens and how to prevent this happening.

Jason

Posted By John Murgatroyd
Claims culture = ordinary people using their civil rights to obtain compensation for various problems and/or injuries.

Posted By John Murgatroyd
http://www.dca.gov.uk/ci...s_fin/menus/protocol.htm

Posted By Geof
Claims culture = ordinary people abusing their civil rights to obtain compensation for various problems and/or injuries.

Posted By Jay Joshi1
There is a Better Regulation Task Force’s report "Better Routes to Redress".

This report dispels the myth of the compensation culture.

The report explores why some believe there is a “compensation culture” and the damage that this perception could do to the prosperity and well-being of the UK if it is not tackled.

It also considers how people with genuine grievances can have better access to redress, mediation and rehabilitation, and makes recommendations about how these processes can be improved.


The report can be accessed at:-
http://www.brtf.gov.uk/t...rts/8874betterroutes.pdf

Posted By John Murgatroyd
At the end of the day (and I *DO* have experience of this) the insurers will look at the claim, look at your explanation, have a law professional look at both sides and then *THEY* will decide what way to go.
If your safety procedures are at fault then they'll pay-up.
So, if you write in your safety policy "employees are not to walk on wet floors because of the possibility of slips" and then do nothing about said wet floors....they'll probably pay-up.
Oh, and they can still use civil law to recover their liability from YOU, the employer.
Read your insurance policy.

Claims culture = person using their LEGITIMATE rights to recover costs and damages for injury, pain and loss of earnings.
The VAST majority of who are JUSTIFIED.
The days are OVER where an employer could damage an employees health for a profit motive.
If you don't LIKE this, tough.
Vote tory, they want the workhouse back.

Posted By John Murgatroyd
What claims culture?
The Litigation Letter 01/03/2004

According to a report by the market analyst Datamonitor, the total of personal injury claims made in the UK in the financial year 2002 - 2003 rose by only 2.6%.

Although public liability claims against bodies such as local authorities rose by almost 9%, medical negligence claims, contrary to popular perception, were down by a massive 8.4%.

Employers' liability claims increased by 7.5%, while motor insurance claims actually fell by 0.5%.

The above (article/piece) originally appeared in the February 2004 issue of The Litigation Letter and has been reproduced with the permission of the publishers, Informa Law, 30-32 Mortimer Street, London, W1W 7RE, UK. www.informalaw.com.

Posted By Adrian Watson
Dear Jason,

Sorry for the delay in answering. Within the civil procedure rules a judge has the right to award costs against a party that causes unnecessary costs or delays, even where they win the claim. Rule 44.3 deals with general rules about costs.

All claims must follow the timetables and injury / illness claims must follow the pre-claims procedure where they are being dealt with through the small and fast track procedures. However where they are being dealt with through the multi track procedure the parties do not have to follow the pre claims protocols, but must have regard to them and follow the general principles.

In all cases the court will have regard to the overriding objective of enabling the court to deal with cases justly. This includes, so far as is practicable –

- ensuring that the parties are on an equal footing;
- saving expense;
- dealing with the case in ways which are proportionate –
- to the amount of money involved;
- to the importance of the case;
- to the complexity of the issues; and
- to the financial position of each party;

ensuring that it is dealt with expeditiously and fairly; and
allotting to it an appropriate share of the court’s resources, while taking into account the need to allot resources to other cases.

In general you should always follow the pre action protocol for injuries or diseases or illnesses as applicable. In practice the best method is to have a file for each incident likely to result in a claim. In this file you should put all evidence that you need to meet the pre-claims protocol and answer any supplementary questions. Include the facts and the facts alone. Ensure that there are photographs, statements, training documents, risk assessments etc relating to the incident and the actions taken after it. Each file should have an index and check sheet so that you can audit all files quickly and easily. This makes it easier to pay or defend claims quickly and easily and thereby reduces costs and makes sure that claimants with a right to compensation get their compensation quickly.

Many regards Adrian Watson