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Is every Personal Injury claim bad news for an employer?
Are personal injury claims always bad news?
As an employer or business owner you could be forgiven for thinking that seeing paperwork from solicitors suggesting a personal injury claim is bad news, but it is not necessarily the case.
Solicitors are not the bad guys. The success of any case depends upon specific circumstances. Not every accident is a claim. Not every employer is to blame.
As the employer you do have a duty of care towards your employees. In order for a personal injury claim against an employer to succeed, you have to have breached that duty of care which means there must be grounds to argue you have been negligent in some way or have not complied with the health and safety laws.
From an employer’s point of view this can mean:
- Thorough risk assessments have not been carried out.
- The risk assessments have not been followed through with action to minimise any risks identified, and then reviewed regularly.
- Job specific training has not been provided.
- That training has not been reviewed regularly to ensure it is sufficient.
- Manual handling training specific for the job itself has not been provided and importantly renewed where necessary.
When a solicitor is contacted about an accident at work, they may not be able to evaluate the claim fully until they have reviewed a whole raft of information. It is important that, not only do you keep your health and safety procedures up-to-date, but that assessments, reviews and training must be fully documented.
As a business or an employer, if you receive correspondence from a solicitors firm regarding a personal injury claim, don’t panic. The best action is to notify your insurers promptly and be ready to prove your diligence.
From the point of view of the injured person, you may not know whether you have grounds to bring a claim. At WSP we have three specialist lawyers who each have over 10 years experience in the industry and we are always willing to answer any questions you have. The first call is free and if your case proceeds we can offer a ‘No Win No Fee Agreement’.
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