Ashley Hoadley explains the importance of keeping up to date with personal injury legislation and outlines some important changes coming into effect later this year.
3 June 2013
Personal injuries can include physical injuries, for example, from lifting or falls, road traffic accidents and disease caused by working with asbestos.
According to the Health and Safety Executive website, facilities managers must report any fatalities and certain injuries to members of the public and self-employed people on your premises, and dangerous occurrences (some near-miss incidents) that occur on your premises.
Facilities managers can also be involved in providing accident-related information where there is a claim.
While fair compensation should be paid promptly to those who are genuinely injured, personal injury claims have been a major bugbear; many feel it is too easy to make claims and that the costs of dealing with claims is too high.
The costs are often seen as being disproportionate in relation to the damages the claimant
receives, inflating the total claim significantly.
Under an independent review, the government aims to review, revoke or improve 50 per cent of health and safety regulations by 2014, leaving the UK with a simpler, more effective regulatory framework. The aim will be to ease burdens on business and encourage growth, while at the same time maintaining the progress made in health and safety outcomes.
Important civil justice reforms relating to the conduct of bodily injury claims were introduced on
1 April and more will follow on 1 August 2013, radically reforming the litigation landscape.
These changes will have a significant impact on the timescales for investigating and commenting on liability claims. The reforms represent the largest overhaul to the personal injuries legal framework in over a decade and are intended to help combat the compensation culture and create an environment where insurers may be able to pass on savings to customers through lower premiums.
From April 2013, the introduction of the reforms of legal costs applies to road traffic accidents (RTA) and Employers' and Public Liability claims.
Timescales
Once a claim is notified, there will be strict, non-negotiable deadlines to be adhered to:
In the event that any of these deadlines are missed, the claim will automatically exit the portal and attract higher costs.
Given the much shorter timescales, speed is of the essence. You can prepare by:
If you receive a CNF, you should acknowledge it within 24 hours and email it immediately to
your insurer. Where possible, you should include the following information:
If the above information is not available, send the acknowledgement and follow up as soon as possible.
How will insurers support you?
The key message is that claims need to be reported as quickly as possible to give your insurer
as much time as possible to investigate and respond on your behalf within the government timelines.
Ashley Hoadley is director at Darwin Clayton
Unfortunately, accidents do happen at work, either on the premises or while travelling on work-related business.
Personal injuries can include physical injuries, for example, from lifting or falls, road traffic accidents and disease caused by working with asbestos.
According to the Health and Safety Executive website, facilities managers must report any fatalities and certain injuries to members of the public and self-employed people on your premises, and dangerous occurrences (some near-miss incidents) that occur on your premises.
Facilities managers can also be involved in providing accident-related information where there is a claim.
While fair compensation should be paid promptly to those who are genuinely injured, personal injury claims have been a major bugbear; many feel it is too easy to make claims and that the costs of dealing with claims is too high.
The costs are often seen as being disproportionate in relation to the damages the claimant
receives, inflating the total claim significantly.
Under an independent review, the government aims to review, revoke or improve 50 per cent of health and safety regulations by 2014, leaving the UK with a simpler, more effective regulatory framework. The aim will be to ease burdens on business and encourage growth, while at the same time maintaining the progress made in health and safety outcomes.
Important civil justice reforms relating to the conduct of bodily injury claims were introduced on
1 April and more will follow on 1 August 2013, radically reforming the litigation landscape.
These changes will have a significant impact on the timescales for investigating and commenting on liability claims. The reforms represent the largest overhaul to the personal injuries legal framework in over a decade and are intended to help combat the compensation culture and create an environment where insurers may be able to pass on savings to customers through lower premiums.
From April 2013, the introduction of the reforms of legal costs applies to road traffic accidents (RTA) and Employers' and Public Liability claims.
Timescales
Once a claim is notified, there will be strict, non-negotiable deadlines to be adhered to:
- Claim Notification Forms (CNFs) must be acknowledged electronically within 24 hours
- From receipt of the CNF, liability decisions must be made within 30 business days for Employers' Liability and 40 business days for Public and Products Liability
- For Employers' Liability claims, once an admission of liability has been made, there will be a period of 20 business days in which to confirm loss of earnings
- Once a full admission of liability has been made, there will be a period of 35 business days in which to negotiate settlement
- Any arguments of contributory negligence will automatically exit the claim from the portal
In the event that any of these deadlines are missed, the claim will automatically exit the portal and attract higher costs.
Given the much shorter timescales, speed is of the essence. You can prepare by:
- Capturing detailed information when an incident occurs
- Archiving documents so they are readily available
- Ensuring your organisation knows what to do if a CNF is received
- Identifying personnel who will act as the focal point internally and with the insurer
- Putting strong counter-fraud measures in place
- Reviewing claims defensibility processes
If you receive a CNF, you should acknowledge it within 24 hours and email it immediately to
your insurer. Where possible, you should include the following information:
- Name and telephone number for point of contact in your organisation
- Accident book entry
- Post-accident investigation report
- Photographs of the accident location
- RIDDOR information (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995)
- Risk assessments
- Training records
- Witness statements
- CCTV footage (or ensure that it is retained)
- Pre- and post-accident earning detail
If the above information is not available, send the acknowledgement and follow up as soon as possible.
How will insurers support you?
- Insurers are making appropriate enhancements to their claims process to ensure full alignment with the reforms
- Claims teams are ready to conduct 'desktop' handling of claims due to the significantly reduced timescales
- Insurers will keep lines of communication open with you to ensure swift and effective claims handling
The key message is that claims need to be reported as quickly as possible to give your insurer
as much time as possible to investigate and respond on your behalf within the government timelines.
Ashley Hoadley is director at Darwin Clayton
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