Claims Defensibility

As we approach the winter months, many risks increase in the workplace, from trips slips and falls on anything from wet floors to icy car parks. Yards with limited lighting increase the risk for incidents involving workplace transport and general visibility of employees. Increases in traffic not only increase the risk of road traffic collisions, but also increase fatigue on persons driving for business, or even on the morning and evening commute.

Don’t forget the delivery drivers either. With the increase in online shopping, the delivery van is never far away and probably visits your workplace at least occasionally and large vehicles delivering to third party sites are often in areas where they are not familiar with the inherent risks, such as forklifts and parking conditions.

Any of these conditions can present an increased risk for employees. It may be something seemingly trivial, such as a strained back from lifting whilst tired or a broken ankle from jumping out of a cab or off a trailer load bed. Either way, this is likely to see an employee take a significant amount of time off work, alternative arrangements will have to be made and there may be a claim for injury (in the thousands).

Other hidden costs may include alternative temporary employees such as agency workers (which may even increase the risks to the business further). Time related issues such as accident investigations, HSE/Environmental health officer involvement, enforcement notices, insurer visits to recommend changes to systems will all have an impact on the bottom line, not to mention the effect that claims costs may push insurance premiums up.

Often the solution can be fairly simple. Robust claims defensibility processes will help you prevent many of these problems. Essentially, take the time to realistically consider the risks to employees (don’t forget to ask them for their input), detail these risks down and how you might control them on an ongoing basis.

Once you have done this, set out a safe set of instructions for employees and make sure you communicate these effectively to them, not forgetting to record that you have done so.

Effective communication can be written, online, toolbox talks, formal training sessions and/or any other means of getting the message across. You decide, but it should be effective and evidence based. Don’t be afraid to consult an expert if you don’t have one in house. There is a central register of consultants who may be able to help https://www.oshcr.org/search-results/ , or you may have a business partner with relevant expertise, such as your insurance broker.

The net result should be a much safer workplace, compliance with legal regulations and a reduction in accidents/claims. This helps to protect your business, your employees (including directors) and perhaps most importantly of all, helps to prevent people and families getting hurt, especially at Christmas.