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BL15  
#1 Posted : 20 November 2012 11:06:20(UTC)
Rank: Forum user
BL15

Fellow safety bods, Just after a bit of advice. I have an employee who suffered a minor injury to a finger which required some strapping and painkillers which were prescribed by the doctor. The employee has now asked whether they can claim the cost of these from the company. I will check with our insurance company, but was wondering if anyone else has had a similar request and what they decided to do. On the one hand (no pun intended!) there is no doubting the accident occurred at work and the expense claim is for a small amount, but on the other hand would paying the expenses admit liability of any future civil action or indeed set a precedent for some other, perhaps more expensive reimbursement for a future accident, for example have members ever paid for physiotherapy? Would appreciate any feedback, Thanks
hilary  
#2 Posted : 20 November 2012 11:17:26(UTC)
Rank: Super forum user
hilary

We would normally cover any costs arising out of an accident at work, even if ultimately it proved to be the employee's fault. It can help your case should there be any claims in that you have acted in good faith and done everything you can to help the injured employee so they are not disadvantaged by this incident.
jontyjohnston  
#3 Posted : 20 November 2012 11:18:53(UTC)
Rank: Super forum user
jontyjohnston

Would suggest you just pay for the painkillers which will likely keep the particular employee happy. I don't think you would be setting a precedent, just helping an employee. If you worry about future accidents (apart from preventing them) and precedents etc you will drive yourself mad! Also, it would have no bearing on liability. You state quite clearly that there is no doubt that the accident happened at work, depending on the circumstances that would be the liability issue, not what you did afterwards as a reasonable employer. Just my thoughts....
fscott  
#4 Posted : 20 November 2012 11:20:30(UTC)
Rank: Forum user
fscott

I was advised by a previous employers insurance company that where there was no doubt that the injuries were caused through a work incident the payment of occupational sick pay and payment for reasonable other expenses such as physiotherapy, counselling etc was not an admission of liability. Their theory was that in the event of an injury and loss of earnings claim through the courts that you ended up paying for these types of things anyway and it was a way of proving to the courts that the employer had done everything in their power to support the employees return to work post accident and minimise any losses they sustained. I'm no expert but I have no doubt that different insurance companies will have different views on this one and I would take their advise at all times as at the end of the day they will be the ones who will deal with potential claims and if you go against their advise they may refuse to take on board the claim.
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