Back in 2013 we wrote a post informing you of the changes which were made on strict liability; read our original post here
A number of changes were put together which aimed to cap the costs charged by solicitors and to remove the incentive to make speculative claims against businesses. These changes included making insurance costs against losing the case non recoverable by solicitors and any premiums payable by the claimant only, later that year were also saw the removal of strict liability in health and safety cases.
However, this has only had limited success and the claims adds and ambulance chasers are still out there and earning a very healthy living.
What can you do to protect your business?
Great question! A few simple measures will help introduce some protection and don’t forget that insurers are now much less likely to concede a claim than they were a few years ago. In fact, we know of insurers employing the services of specialists claims investigation teams of claims of under £10,000 – something which was unheard of a year or two ago.
Here’s a list of simple things you can do now with no real cost impact to give you protection in the event of one of these claims hitting your business;
- Consider CCTV; having evidence of what happened is liability gold dust and could see the case dismissed entirely, if you’re considering the cost benefit make sure you consider this benefit when talking to installers;
- Get savvy on accident recording and investigation; perhaps the biggest single change to to take photo (as many as you can) and gather signed witness statements from everyone on the day the accident happens and as close to the time of the event as is humanly possible;
- Look at your current arrangements for health surveillance – we can help you with this, issues such as occupational deafness are the new whiplash for the ambulance chasers (see our 2014 post warning you of this here);
- If you receive a claims letter don’t respond to it! Contact your insurer and put it into their hands, no matter what the content, leave it to their legal team to handle in the best way possible to protect you;
- If you think you may have a claim against you from an employee contact your insurer, they may be able to deal directly with a claimant and save you thousands if you have had a genuine accident and one of your staff is injured.
We hope you’ve found the above useful, as always, if you have questions please do call your retained consultant or if you’re not yet a client please get in touch with us directly using the links below.
Contact us on 01453 800100 if you need expert help with health and safety for a fixed cost or use contact us above or the form below to request a proposal;