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Posted By Ian Hurley
could anyone shed some light on this please , I've been told that new legislation has come into effect and that under this legislation the nhs will be able to claim back the cost of treating staff injured at work,and that this will be claimed via the employers liability insurance.
any info appreciated
ian
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Posted By steve e ashton
Site http://www.opsi.gov.uk/acts/en2003/2003en43.htm
suggests that
Part 3 of the Health and Social Care (Community Health and Standards) Act 2003 deals with the recovery of NHS charges. The Act provides for the NHS to recover hospital treatment and/or ambulance costs where people receive compensation for injuries. This is an expansion of the scheme for traffic accident cases as set out in the Road Traffic (NHS Charges) Act 1999. The costs would be recovered from the compensator and not the patient receiving the NHS treatment.
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Posted By steve e ashton
from todays news:
" Proposals which would see the NHS reclaiming the costs of treating patients involved in personal injury cases will be outlined to MSPs later.
A new scheme is to be set up which would target those deemed responsible, through personal injury compensation payouts, for causing injury to others.
Ambulance and hospital treatment costs would be at the centre of claims.
The plan, which is backed by the BMA in Scotland, has prompted objections from businesses and insurance firms.
Details of the injury costs recovery scheme will come under the spotlight of Holyrood's health committee, where Deputy Health Minister Lewis Macdonald will give evidence.
A similar scheme already exists to recover the costs of treating the victims of road traffic accidents. "
I guess this means my earlier posting was inaccurate - that part of the bill hasn't yet become law...
PLEASE can anyone shed authoritative light on this?
Steve
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Posted By Phil Grace
To confirm previous Responses: Latest news is that the legislation will come into effect in Jan 07. But things could still change!
Recovery will be from the "responsible party" that is the negligent person. And in practice that will will be the liability insurer - either Employers' Liability (for employee accidents) or Public Liability insurers in the case of injuries involving third parties e.g. visitors, contractors who are injured by actions of your employees, members of public etc.
But this will not appear as an identifiable supplement on your insurance premium. The overall effect has been estimated as c10% on costs of claims but will not be a feature for every claim. The legislation will just serve to push all premiums upwards.
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