Welcome Guest! The IOSH forums are a free resource to both members and non-members. Login or register to use them

Postings made by forum users are personal opinions. IOSH is not responsible for the content or accuracy of any of the information contained in forum postings. Please carefully consider any advice you receive.

Notification

Icon
Error

Options
Go to last post Go to first unread
Admin  
#1 Posted : 13 September 2002 09:41:00(UTC)
Rank: Guest
Admin

Posted By Neal Robertson The following appeared on the BBC News website this morning - Food for thought! "NHS to reclaim victim care costs" The scheme could raise £120m for the NHS each year. The NHS is to reclaim the cost of treating seriously injured patients in cases where someone else is found responsible. Under government plans, officials will bill companies or individuals for the cost of treatment if they are found liable in personal injury claims. Ministers say the scheme, which builds on the current policy of reclaiming the costs of treating road traffic accident victims, will raise an extra £120m for the NHS each year. The cost will inevitably land on the policy holder. However, the insurance industry has warned that such a move would trigger a significant rise in the costs of public liability premiums. The hospital costs would be paid by the company or individual ordered to pay compensation. The sum would be in addition to any court award. It would mean employers would face medical bills if they are found guilty of failing to take steps to protect a worker from having an accident. Similarly, it could in theory see companies like ********* having to pay the costs of NHS care if it was found liable for a train crash for instance. In the vast majority of cases, such medical costs will be met by insurance companies. However, in cases where individuals did not have a public liability policy they could be forced to pay the NHS bill if they lost a personal injury claim. But the Association of British Insurers said the extra costs would simply be passed onto policy holders. (You can find the whole item on the BBC news site) Any comments please.
Admin  
#2 Posted : 16 September 2002 14:23:00(UTC)
Rank: Guest
Admin

Posted By steve williamson What if the 'guilty' employer were to claim 100% contributory negligence on the part of an employee? Are we to argue for years and give three times what's at issue to our learned freinds? This is just another eye catching distraction from the NHS crisis. Steve
Admin  
#3 Posted : 16 September 2002 16:48:00(UTC)
Rank: Guest
Admin

Posted By Jim Walker Seems reasonable to me - why should the rest of us have to fork out? Further my comments in another thread. If the insurance companies encouraged proper risk management via advice and discounts, this issue would hardly effect the premiums of well run businesses and at the same time promote H&S as a profession. Steve, how can an employee ever be the guilty party? Even worst case, it is down to in effective management.
Admin  
#4 Posted : 16 September 2002 17:23:00(UTC)
Rank: Guest
Admin

Posted By David Scott Employers already contribute large monies to the NHS by virtue they pay a large portion of Earnings Related National Insurance Contributions (ERNIC)! as well as Corporation taxes etc so, why should they pay even more than they do now? As for the employee is never wrong, whilst I have an element of sympathy for this vote, as good effective management would prevent by far the majority of accidents at work, there cannot be 100% supervision and management. One cannot stop an individual conducting an act or folly of his/her own violition just the once, because thats the time when he/she has that one accident that will lead to litigation. As for better insurance premiums for safe, caring employers, look at what has happened since 9/11 and the massive rises in not only Employers Liability Insurance but Public Liability and Property Insurance! We almost had to raise a profits warning despite our risk assessors telling us that our systems are sound and improvements made beyond the call of duty had been acknowledged. I seem to have heard of one reasonably small company make a statement that they had had not one claim against Employers Liability for 20 odd years and still their premium went up by almost 200%!!! I also believe that there are now many smaller companies out there with no Liability Insurance at all simply because they cannot afford it. Is the objective to close these small operators down? I concur the original comment that this is yet another diversionary tactic away from the ailing NHS.
Admin  
#5 Posted : 17 September 2002 13:58:00(UTC)
Rank: Guest
Admin

Posted By David Brede Clearly the ramifications of this proposal are endless especially in view of the employers liability insurance issue. Also would it impact on the willingness or otherwise of employees to report accidents or occupational ill health? Or would employees be discouraged from summoning professional help in the event of an accident? I think IOSH should put this out to consultation and get a view on this.
Admin  
#6 Posted : 18 September 2002 10:50:00(UTC)
Rank: Guest
Admin

Posted By Mark Large Imagine a bad employer finds himself paying a medical bill. Is he likely to blame his systems or the employee for costing him money? My guess is the employee. What is a likely reaction? Dismissing the employee for some convenient unrelated reason. Are the NHS going to want pre-payment or will they foot the bill and then charge. Don't you have to authorise a service before it can be charged to you? If prepayment what if there are legal delays! What proof will they have it took place at work? The employee's word and nothing else? I can see it being a very complicated process with lots of legaleese involved. Oh look a mass of paperwork and red tape for already underresourced admin departments to deal with. Can't help but feel its a bad idea.
Users browsing this topic
Guest
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.