Is it a sign of the times that personal injury awards are on the increase? Could it be that in times of economic hardship the temptation is stronger to lodge a claim? Whilst there are many valid and genuine injury claims, there are also those who choose to manipulate the system to their benefit and generate spurious claims.
Figures released form the Injuries Board show that there was over a 5% increase in awards made for personal injuries between 2013 and 2013. The total amount of these awards came to €243,500,000 up almost 12% on the amount for 2012. The average award in 2013 was €22,847; this is an increase from €21,502 in 2012.
Employers are bound by a duty of care towards their employees and others who come into contact with their work; to that end they must do everything which is deemed to be reasonably practicable to prevent injury or ill health. The first priority of all employers should be to prevent injury and ill health from occurring, however, unfortunately there are many injuries – almost 7,000 a year – which results in reportable injuries, and many more which result in claims. How the business or organisation manages safety will dictate how the claim is handled, if in fact it is defended or paid out without going to court.
At the Peninsula 24hr advice line we regularly come across incidences where matters go wrong and then go from bad to worse. The old adage of ‘prevention being better than cure’ is certainly true when looking at safety management. So the best case scenario is one where the accident or injury doesn’t occur. If it does it is down to the employer to prove that they have effectively discharged their duty of care and that they have carried out risk assessments. What many employers or business owners are not aware of is that if they fail to adequately manage safety their insurance company may deem these grounds to repudiate a claim. Effectively this means the premiums paid have been to no avail, from the insurance company’s perspective they will see that the premium rate charged is based on the assumption and condition that the business is run in line with legislation and best practice. If this is not the case they are within their rights to see it as ground for breach of contract. Employers need to be vigilant and ensure risk assessments are carried out in the workplace, from the risk assessment it will identify other issues such as training, work practices and equipment requirements.
If the case ends up before the injuries board or before a court, it is imperative that a comprehensive body of evidence can be presented on behalf of the employer, this will include training records, equipment servicing and maintenance records, current risk assessments which are suitable and sufficient for the work being done, a current safety statement, and evidence of health & safety being managed in the workplace. Remember it is down to the employer to prove their innocence rather than the DPP or HSA to prove their guilt.
You need to ensure your Safety Management Systems are up to speed in order that you have some means to prevent injuries, mitigate claims and present a defence. Call us at Peninsula Business Services (Ireland) Ltd for more details on 0818 923 923.
Brendan Hanratty is a Chartered Health & Safety Practitioner working with Peninsula Business Services (Ireland) Ltd; who are Ireland’s leading provider of employment law and health & safety services. Established in Ireland since 1997, we have thousands of businesses who have already integrated Peninsula to work as part of their HR and Health & Safety departments. With offices in Dublin, Belfast, Sydney and Manchester, Peninsula employs 1000 people across Ireland, Australia and the UK. - See more at: https://www.peninsulagrouplimited.com/ie/
