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Posted By Hayley McBride
Hi all,
I ahve a simple query, an incident occurred on our premises where a picture fell of the wall and alledgedly hit a lady, the lady was a rep from another company visiting. Her company have requested to come and take pictures of the area where the incident happened. My inclination is no, just wondered if anybody else has any advice as to where we stand?
Ps Our CCTV shows the picture didn't even touch her but she doesn't know we have that.
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Posted By Brando
Not sure what anyone else thinks but I'd be inclined to cut this one off quickly.
Say NO to the photos but offer to show them the area and then explain what you have on CCTV.
Brando
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Posted By Mitch
I agree with Brando, cut it off otherwise could drag on, and on, and on. Think of the time and resources that could be wasted. Also if the rep is trying it on how do you deal with the company in the future?
Mitch
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Posted By Lee Mac
A few approaches that can be assumed:
Interview her as you would with any other person involved in accident, allow her to waffle away and ask is she going to proceed with a claim and just before you finish up show the cctv evidence
Speak with your insurers regarding the incident highlight what the cctv evidence shows- they may wish to speak with the lady.
Or simply say no, highlight what the cctv shows and contact her company MD.
You are in an extremely advantageous position here with the cctv footage.
So you have a few choices open to you.
Lee
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Posted By willhiem
I'd let them come, do all their investigation and say you are waiting on security to provide CCTV, let her company get back to her and let her know you have the CCTV, they be happy that they were allowed to investigate the incident and analyse her claims, then after they have been send on a copy of the CCTV, after that she'll be dealt with by her company for wasting resources and also damaging their rep whilest you have accomodated her company and allowed them to investigate therefore showing you have nothing to hide, also if its their insurance company who undertakes it i'm sure a forensic engineer will quickly identify holes in her story which will add to the story which the CCTV tells.
or just do what brando says, save everyone time, tell them you have CCTV and you're not going any further with it wasting your own resources.
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Posted By Emyr Evans
Hayley
No to the photographs - explain to their investigation team all the evidence you have & offer to show that to them + the alleged victim.
Ask for details of the alleged injury - and ask why this was not reported to your first aiders / management at the time of the accident.
Mention that if they wish to proceed - you will pass this onto your solicitors and will be seeking recompense for all future incurred costs for participating in the investigation
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Posted By Amandac
I agree with my colleagues above, you need to stop this dragging on.
Have you done an investigation which you could share with the Reps company?
Also remind them that accidents are supposed to be realistically investigated, ie the time and effort should be in proportion to the injury/damage or possible injury/damage.
Good Luck
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Posted By mike morland
Hi Hayley
One would presume that her company is simply carrying out their investigation into her reporting an 'accident' and part of that investigation might be to request access to the area where the picture was hung etc.
If you have CCTV footage of the incident then why not invite the investigating person to look at it and discuss it with them. It may put an end to a potential claim and a lot of unnecessary paper work.
Now that the picture has fallen off the wall and caused a 'near miss' incident then by your own investigation / assessment you will have to ensure that it can't happen again by either removing the picture or securing it to the wall better.
Regards
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Posted By MickN
Hayley,
It may be a simple querie but as you can see the safety community loves a good story such as this. We love it I guess because here you have described a fraud and worse still one who is tarnishing our profession in the process.
It's hard to do what we do. We have no real control over our product. An engineer can make or design a something to be the right size and shape. Other professions can produce exactly what they are paid to. As H&S professionals we are at the mercy of human error and foolhardy enthusiasm every day. An accident makes us look foolish, oh we can produce all the paperwork we want to defend ourselves but we can the see the accusations in their eyes.
I agree with Mike here, keep it simple, pass the information to your management. Let them deal with it. We would all like to be there for the kill but that's unlikely. Suffice it to say that the protagonist here has erred, big time.
Mick
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Posted By CW - No Post Nominals
Put it on youtube.
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Posted By Arran Linton - Smith
From a simple sales point of view, 'you do not bite the hand that feeds you'!
If you have CCTV footage, just write and explain that you have it.
I am sure that if you are already a customer of the company concerned, they will soon want to back off, especially if there are spurious allegations!
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Posted By warderic
The answer is NO. Contact your insurance company. Inform them of the incident and the request. Leave it there. You will possibly get a letter from a claims company. If so send this directly to your insurers, do not reply personally. chances are you will hear no more.
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Posted By Roger White
Was the accident reported to you and entered into your accident book at the time that it happened?
Go very careful how you use any CCTV footage. Your notice informing people that CCTV cameras are in use (you do have them don't you) must state the purpose for which they are being used. Any footage is controlled by the Data Protection Act and should only be shown to people who have a need to see it. Placing it on uTube as has been suggested is likely to end up in court.
If you feel that you are watertight then do as suggested, call their bluff.
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Posted By Smiff
I take issue with warderic's advise for this reason. I have had several instances where insurers have agreed to pay smaller claims despite us having (but insurer not asking us for) evidence that would have proved we had no liability. The latest example went to court without my company even knowing a claim was being persued. We were unable to defend ourselves, but it is now a matter of public record that the court found against us. The fact that the insurer acted unprofessionally will not get court records changed. We now have a different broker.
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Posted By warderic
Smiff, you done the correct thing, got a new insurer. If you look at the small print insurers will ask you to notify them of any possible claims. If you don't do this you can find yourself fighting alone.
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