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 : 22 September 2008 17:10:00(UTC)
Rank: Guest
Admin

Posted By Rachel Glover I am trying to get a feel for what the common practice is out there with respect to work related injuries which are not covered by Employers' liability insurance - i.e. if a member of staff suffers injury whilst undertaking work on behalf of their employer, but there is no evidence to suggest that the employer was negligent. Does your business provide any insurance or other form of cover (including discretionary payments) to compensate the injured employee? How do you manage bogus claims?
Admin  
#2 Posted : 22 September 2008 17:25:00(UTC)
Rank: Guest
Admin

Posted By safety medic Rachel, regarding 'bogus' claims, we get many in the construction industry, mainly when nearing the end of a job and the redundancies are rife, the claims start rolling in! We prevent it by insisting that all first aid cases or otherwise are reported straight away, not the following day. If they are reported the following day then on the accident form or investigation is an explanation of why it was reported late. This helps to prevent the bogus ones in the main. I have always told those reporting accidents late that we cannot prove it was done at work, even with witness statements. Collusion must be considered. An interesting point on 'discretionary payments' Project Managers wife works with stately homes and the like. When she took up post, took the stance that all accident claims were to be challenged and no out of court settlements to be made. Within one year she had saved the company 10's of thousands. When the fear of taking the stand and being questionned sets in the bogus ones will back down. Those with genuine claims will succeed, mostly.
Admin  
#3 Posted : 22 September 2008 17:45:00(UTC)
Rank: Guest
Admin

Posted By CFT Rachel It makes not a scrap of difference, if the employee has an accident whilst on company business wherever located then the E/L is in place to offer the appropriate level of cover; you do not need to have been negligent for the employee to claim against the policy. Make sure you include ALL company activities though when establishing cover. CFT
Admin  
#4 Posted : 22 September 2008 21:42:00(UTC)
Rank: Guest
Admin

Posted By Jack I don't really understand your response CFT. The compulsory EL insurance required by most employers is about employers insuring against their LIABILITY (including vicarious liability, of course). It doesn't cover situations where the injury does result from negigence etc. Employers may (but do not have to) have insurance covering any injury at work (often a specific sum for specified injuries eg loss of a hand). For details of that you should check the policy.
Admin  
#5 Posted : 23 September 2008 09:04:00(UTC)
Rank: Guest
Admin

Posted By A Campbell Rachel, The use of discretionary payments would likely be frouned upon as possible admission of guilt. In addition the workforce may see this as discriminatory in certain cases where you decide not to make such a payment. I would steer clear of this and stick to an insurance broker for advice?
Admin  
#6 Posted : 23 September 2008 11:50:00(UTC)
Rank: Guest
Admin

Posted By Bob Shillabeer Employer's liability insurance is not a health and safety requirement. This is covered through statute law and common law. The EL insurance is to cover the employee required by employment law. You must have EL insurance as an employer irrespective of any specific safety requirements.
Admin  
#7 Posted : 23 September 2008 12:03:00(UTC)
Rank: Guest
Admin

Posted By Jack "You must have EL insurance as an employer irrespective of any specific safety requirements" Strictly most employers 'must'
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.