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Posted By James Midlake
All,
Question:
A member of staff claims they have hurt their elbow at work.
We suspect they are simply trying to work up a claim.
With the persons permission can we write to their GP and ask if they have any pre-existing conditions relating to their elbow?
Midlake
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Posted By Ken Dickson
Have the individual seen by your own specialist, and ask the specialist to also investigate any pre-existing conditions. This will involve him/her contacting the patients GP.
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Posted By Alexander Falconer
Investigate the "alleged incident".
Dot your i's and cross your t's
Compile a full incident report, get a statement relating to the "alleged incident" from the "injured party", get witness statements (if any, amazing how many incidents have no witnesses)
Take photographs of the "alleged scene of incident"
If a claim does come in, simply pass onto the company insurers, along with your reports, statements etc
Insurance will have a field day disputing the claim as a result of your thorough investigation (might not even get that far)
The onus is on the claimant to prove there was an accident, the insurance will request medical evidence (not you!) if there irregularities on the claimants part (no medical records, etc) - claim thrown out!
Maybe this is the time to introduce employee medical questionnaires, upon commencement of employment (to set baseline levels)
Speak with your insurance company, you will
get plenty advice
Alex
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Posted By Jason911
We often request information from G.P's regarding pre-existing conditions and as long as the employee is willing to sign to say its o.k there should be no problem.
If they refuse to sign that should raise suspicion now and in the event of any future claim in which your solicitors will again ask for the records anyway but I don't think that they can be refused access if the claim is to proceed.
Jay
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Posted By Ian D.
We have done this in the past, a word of caution the GP charges for this service very from foc to £60 - 70.
The quality of the report also varies from very useful to stating the obvious. Some of the best ones i have received have been the foc ones.
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Posted By The toecap
Alex, i notice that you think the insurers will have a feild day because of good investigation practices. In the past, i have conducted very thorough investigations, only to have the insurers pay out because of the complications involved. I get very frustrated in knowing that a person is swinging the lead only to have insurers pay out
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Posted By Alexander Falconer
Toecap
You are right in what you say, in todays culture of "no win no fee" any person who submits a claim in relation to an incident, alleged or not, is going to get a payout one way or another.
The investigation process minimises the damage.
Been there, done it, I have lost my fair share of claims to the chancers, but what is equally satisfying is reducing the potential payouts by as much as 80%.
A
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Posted By John Murgatroyd
Along the way, of course, there will also have been a fair amount of genuine claims that have been intimidated and stand accused of being liars.
Not to worry though, as long as the money isn't paid.
I suspect that most insurers take a look at the premises, check the accident book, check the previous, and then pay-out because they know the H&S isn't any good and they stand no chance.
Like me, they know that the VAST majority of employers let both staff and workers do what they want thinking that the insurers won't pay because the guys "should not have been doing that".
Unfortunately (for the employers) things don't work like that. Just because they "shouldn't have been doing that", doesn't mean that they don't have a valid claim..... ***YOU*** should have made sure they DIDN'T do that !
I'll remind you again:
SAFETY POLICY STATEMENT.
"No wires, cables or hoses to be placed across the workplace"
(in a policy for a steel fabrication workshop) (ie: No wires, cables or hoses means no work being done)
Claim for fractured wrist and tendon damage due to trip.
Payout: £41000.00 (+ costs)
Fault: Well, what dimwit dreamt-up that stupid safety policy ?
OOppps.....
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