Warehouse cleaner trips over small cardboard box someone left on the floor. Cleaner employed to clean the warehouse floor and generally keep the warehouse tidy. IP says did not see the box and sustained a dislocated shoulder. So he is now getting 9k compensation and we have yet to get the legal costs? Seems personal responsibility is out of the window and the only real winners are Solicitors?

What - no challenge to the claim at 1st instance? Jon

My solution is: A number of random cases settled out court should be forced before a judicial review process, I know there is a cost associated but it would help build precedent! As it is this case does nothing more that encourage the claim culture. I assume the case was brought using negligence?

There seem to me a serious lack of understanding on the part of your company HR department who allow the claims to go unchallenged simply on the basis of cost, i.e. its cheaper to pay than go to court. This either undermines the true position on managing safety or the company is very poor in the first place so accept the easiest route out of problems. Perhaps you should challenge this approaxch at a very high level.

Start disciplining people who leave boxes on the floor. Regards.

Discipline is rarely the answer. As h&s practitioners we should know better than just reverting to the big stick for what is a minor infringement, albeit with quite serious consequences. Without knowing the full facts of why this box was left where it was, presumably in a position where someone can fall over it, the prima facie suggests the company had no good grounds to contest the claim. Sometimes you have to take it on the chin - a dislocated shoulder is not a minor accident. That said, £8k payout does appear rather generous given that in court the award is predominately based on loss of earnings, presumably this person would have received sick pay - strange.

We have a claim going through at the moment for a manual handling injury. I.P. Is an employee (supervisor) of some 10 years standing who tried to lift an item weighing over 100kg!!!!. Companies decision, pay the claim, Ops director instructed it HAD to be fought as it sends out the wrong message if we settle every time a numpty decides to do something he shouldn't do. Insurer undergoes there own investigation, concluding its an 85-15 split of responsibility. Armed with this information the I.P's solicitor has now put in a claim for £28k, thinking the 15% he'll get will be £4k. I've come to the conclusion that the lunatics are now DEFINATLY running the asylum.

I have recently been asked to investigate the rising claims culture within my Company. They had ,until recently a settle ever time policy. During the course of my investigations I discovered that the Company was viewed as a easy touch and that certain patterns were emerging. For instance, claims from different sections but all using the same solicitor, claims from areas were no cameras are located. Do get me wrong I'm all for genuine claims, but not fraudulent ones. I have now got all the paper work and training in place; this however will not stop claims being paid out; but I've also have more CCTV systems located some covert. We now contest claims we feel are fraudulent, and have won a few cases. Word as got round that we are not a soft touch anymore. Its an ongoing battle but worth a fight.

I am deeply saddened that this topic and the various comments are still being made. I was in this position with a company from 1989 to 1997 which had a very strong "claim culture". There is no easy answer to this problem, but progress can be made. The defeatists must be confronted to justify their actions (or lack of action) and decisions. The worst offender I found was usually the Insurance company. While they were keen to state that lack of evidence to the contrary forced them to concede and settle a claim, even when a mound of information was provided, they would find "one i not dotted or one t not crossed". Progress can be made and there is nothing better than forcing a few cases to court. Rodger Ker

#18 I am not so sure that judges are so soft hearted. The main issue seems to be the lack of something from employers, advises and insurers. A few years ago someone compiled database of manual handling claims which got to court (including those under DSE) and only about half succeeded. So just because some one turns up with a sob story does not guarantee that they will get a pay out- it’s just a matter of perception that this is what happens.

Maybe, but who can really say how much pain the person had in their back, and that really is the issue. It is good that we have insurance, decent laws and higher standards of safety to protect and/or compensate people but there will always be those who seek to milk the system; invariably this is aided by the relevant solicitor who of course is purely acting in the best interests of their client. In the best interests of their client of course means obtaining the largest payout possible. As suggested elsewhere in another post sometimes we have to take it on the chin and other times we have to challenge the claim. Many companies do not want to go to court because win or lose their name is likely to be in the press and solicitors know this and hence it becomes easier to settle out of court. Good safety systems and a good employee - employer relationship is the best solution. Regards.