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Liability Claims
Schedule of documents
Under the Civil Justice Reforms, the Protocols provide specific lists of Disclosable Documents that must be provided in the event of a formal claim being made against you. The Disclosable Documents differ depending on the nature of the incident, individual circumstances and the allegations made against you.
By way of guidance, in the event of a liability claim involving injury, the following is the type of information you will be asked to collate by Insurers (or their nominated Solicitors):
Report Forms:
- Accident report form
- First Aider report
- Surgery record
- Foreman/supervisor accident report
- Witness statements
- RIDDOR report to HSE
- Other communications between defendant and HSE
- Minutes of Health and Safety Committee meeting(s) where accident/matter considered
- Health Surveillance Records in appropriate cases
Earning Details:
- Wage details for the thirteen weeks prior to the incident
- Confirmation as to when the employee was first absent and the return date to work
- Details of any continuing loss of earnings either due to reduced hours or light work, resulting from the accident on a gross and net basis since the resumption of work to date.
- Details of any statutory sick pay, non-contributory sickness or accident payments together with any income tax refunds made during any period of absence.
Risk Management:
- Training Records
- Pre Accident Risk Assessment
- Post Accident Re Assessment
- Accident Investigation Report prepared
- Maintenance records where it was alleged that the machinery was defective.
Insurers could also require specific information relating to regulations as per the Management of Health and Safety at Work Regulations 1992.
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