HEALTH AND SAFETY NEWSLETTER – SPRING 2008

COMPENSATION CLAIMS

Out of the blue you’ve received a letter from a claims management company regarding an accident to
a visitor to your site – two years ago! However, as far as you’re concerned it never happened.
How should you respond?

Avoid the temptation.

What should you do if you receive a letter from a claims management company representing someone
who you’re sure is making a false claim? Do you put it in the bin and not give it the time of day?
Or contact them and state the facts are wrong and the claim is void? Although tempting, neither
of these is the right option. So what should you do?

Hand the letter over.

Send the letter to us as your insurance brokers. They will then deal with your insurers on your behalf.
Any contact with the claims management company should be made by your insurers and not by you.
If your insurers wish to defend the claim, which in this instance is highly likely, they’ll need as much
evidence as possible to do so. Your assistance will be required.

Evidence required

For a claims management company to take on a case, it must have some merit.
The claimant must have enough evidence for them to think they’ll be successful. This means your
insurers will need at least the same if not more information, to prove the claim isn’t worthy of a
compensation payment. The following is a list of potential evidence you’ll need to supply:

1. Details of anyone who visited the site on the day of the accident. This will include visitors, staff etc. 
   Note. Even if you can’t find any details of the claimant’s visit to your site, this alone isn’t
   sufficient evidence for the case to be dismissed. Tip. If you keep attendance records for
   staff and use a visitor’s book to keep track on guests etc, this evidence it’s invaluable.
   When you get to the end of a book, don’t bin it – keep it for a minimum of three years,
   as this is the timeframe in which claims can be brought. If you haven’t got one, it’s a
   good idea to get one, and keep track of visitors from now on.
2. Copies of accident books which cover the timeframe of the incident.
3. Any defects or maintenance issues reported at the time
4. Minutes of any safety meetings that detail any outstanding issues which may have caused an accident.
5. You could also ask any staff that worked in the area when the accident supposedly occurred if
   they witnessed the event.

Don’t assume claims will be contested

Even if you’re convinced the claim lacks merit or is even fraudulent, you shouldn’t assume your insurers will automatically contest it. A common policy adopted by insurance companies, especially for small claims,
is to try and settle out of court. If the claim is blatantly false, this shouldn’t happen, but if you’re unable to
prove beyond reasonable doubt it’s a fake, the insurance company is likely to opt for a small payment,
rather than challenge it in court.

Tip.  Although the claim isn’t paid out of your pocket, it’s in your interests (insurance premium renewal costs, company reputation etc.) to keep the number to an absolute minimum. If you are forthcoming with evidence and show a desire to fight the claim, your actions could be enough to stop the insurers taking the easy option.

Health & Safety for the Licensed Trade

A Supercover exclusive service

This guide has been prepared exclusively for Supercover Ltd to enable the delivery of on-
the spot quotations without the need for referral

Rating Structure

This newsletter does not purport to be comprehensive or to give legal advice. 
While every effort has been made to ensure accuracy, Supercover Limited cannot be held liable for
any errors, omissions or inaccuracies contained within this document. 

Readers should not act upon (or refrain from acting upon) information in this document with out first taking further specialist or professional advice.

This newsletter was produced for and on behalf of Supercover Limited by Stallard Kane Associates Limited

Tel. 01427 678660                                              Web. www.stallardkaneassociates.com