Posted By Jay Aitch
A number of employees on site allege that they are suffering from MSD, dominant Union has ensured that compensation claims should be seen by all employees as a form of bonus and in many aspects have used H&S to fight battles with management. MSD injuries were prevalant on my arrival on site and HSE Improvement Notice was issued. Though there have been changes to methods of working which has reduced majority of incidences (others are still being worked on to eliminate, though drastically reduced), there is a tendency to over act when complaining of MSD injuries. Several employees, who have claims pending for alleged MSD injuries have moved to another employer making the same product (they pay higher wages). New employer has a stringent medical examination for MSD and also a self assessment questionaire. Based on medical and questionaire, if MSD is declared then no offer of employment will be made.
However, several of our ex-employees who are now working for their new employer have submitted claims against my company. Basically they have MSD injuries when working at my site but for a higher wage they do not have MSD injuries. Data Protection Act (though I would dearly love to give their names to their new employer), prevents me from doing so.
These are blatant false claims but our Insurance Company seems fairly loath to take on the Union Solicitors. These claims if successful will increase my site's Insurance Premium substantially. What is the best way to fight these claims without invoking the wrath of the Data Protection Act?

Posted By Neil Pearson
I'm sick to the back teeth of hearing about (a) unions helping employees screw their employers, while still criticising employers and (b) insurers refusing to fight claims whilst hiking up premiums. These are 2 of the worst symptoms of the sickness in the system.

The only real answer is to try to address the culture through more openness, consultation and involvement. But this is nearly impossibile when the workforce is fluid and exposed to the negative culture in the rest of the sector.

Posted By Phil Grace
I am disturbed and disappointed by all the comments knocking the insurance companies.. but then I do work for one. Confining myself to a few comments:

Appeal: There would not be much chance. The vast majority of claims are settled out of court and can thus not be appealed. My employer takes around 1% of claims to court.

Settling/Defending: Settling a case out of court does not mean it has not been defended. Going to court is both expensive and risky - it is generally done only when there is a very strong case and/or there is a point of law to establish.

Defending; Insurers will always support their policyholder and seek to settle on best i.e. lowest terms. But where there is a sound case to answer e.g. an obvious injury there may not be any reasonable defence. And, most important of all, a defence can only be mounted if the employer can produce the required evidence. Without training records, evidence of risk assessments, details of equipment inspections, PPE issue etc etc an insurer is not able to mount a credible defence.

Remember that insurers mirror society - we do not raise claims and when we make a settlement it is against a backdrop that society expects an injured person to receive £X for injury Z.

Posted By Kelvin George
Jay

I would speak to a solicitor/lawyer becuase irrespective of the DPA those individuals are making fraudulent claims - either to your company claiming MSD or to the new company not declaring MSD. Either way you look at it you have a moral obligation to see that justice is given a chance to prevail.

Could you not manipulate the "Whistleblower" scenario to get the information to the new company.

Cheers Kelvin