CLAIMS DEFENCE

When an incident occurs  you may need to review your processes in order to minimise personal injury claims both from the incident and in general as once claims are on the increase, insurance premiums will inevitably follow and some businesses will suffer. This process focuses on the claims experience of a client, the current risk management process and also the post incident processes and procedures including incident investigation.

A RIDDOR report may prompt HSE to pay a visit to site. There are three modes of enforcement action open to HSE in such circumstances which a company needs to be mindful of when an HSE inspector calls. The first is the potential for the inspector to spot what is known as a “material breach” of health and safety law which subsequently 'starts the meter running' to charge for the Inspector’s time in investigating and ensuring remedial action is taken by the company at a cost of £154 per hour*, the second situation is the risk of enforcement action in the form of an improvement or prohibition notice. Dealing with the first two adequately will greatly reduce the chances of the third option being selected – prosecution. 

* NOTE EHOs DO NOT CURRENTLY CHARGE A FEE FOR INTERVENTION.

 

We have worked with insurers and brokers to provide tailored risk management packages for businesses who are keen to work with their insurance providers to reduce the risk of future claims.

Understanding your risk profile is one thing; working towards solutions is what we strive for. 

Whilst there is a fine line between corrective action and highlighting potential failures to an enforcing officer (HSE/EHO/Fire Officer) the risk of the latter should not deter organisations from implementing "improvements" identified by a post incident review of procedures. 

Having a good incident investigation process, well executed with some practical "improvements" identified can also demonstrate a positive approach to safety management. The key is adopting the right approach and working with the authorities.

 

 

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