Clamping down on compensation claims - Garwyn Health and Safety launches Claims Defensibility, posted on: June 2010
Garwyn Health and Safety has launched Claims Defensibility, a new review service that is set to save businesses significant sums in compensation and associated costs as well as minimise the likelihood of health and safety prosecutions.
Following a critical examination of current health and safety systems and processes, Claims Defensibility identifies strengths and weaknesses with an action plan to substantially improve the prospect of successfully defending claims. The development capitalises on Garwyn's 4 decades in loss adjusting as the UK's market leading liability adjuster and the occupational health and safety expertise of Garwyn Health and Safety consultancy.
Mike Williamson, Divisional Director, Garwyn Health and Safety said: "Responding quickly and effectively to genuine claims where there is a case to answer benefits all parties. However, insurers and their clients are often frustrated by an inability to mount a sustainable defense to many civil reparation claims. This could be because liability is far from clear cut, the circumstances are unclear, the accident is uncorroborated or a combination of these. Cases are settled for various reasons such as inadequate processes, lack of documented systems and various antecedents. These process failings often only come to light once a liability adjuster such as Garwyn becomes involved.
"With awards of six figures not uncommon it is vital that businesses not only have the right health and safety practices in place, but have the documents and processes in place to protect themselves. In essence, Claims Defensibility helps a business to get their house in order so that they are in a position to successfully defend claims when the need arises."
There are two fundamental aspects of the Claims Defensibility review - testing systems in practice and document and process analysis.
A series of mock accidents and instances of work-related ill-health enables Garwyn to identify any inherent system failures and weaknesses in procedures. Garwyn's health and safety experts then conduct a critical examination of current performance and practice. This includes documents which are normally disclosable and processes which are usually put to the test by litigation such as risk assessments, policies, safe systems of work, accident investigation reports, post-accident plans and training records.
As part of a wider review Garwyn also takes into consideration the client profile, accident and claims history, industry risks, claims culture, underlying safety culture and health and safety management system design and implementation.
Mike Williamson concludes: "The beauty of Claims Defensibility is that it's tailored to the size, complexity and needs of the organisation. It can also be extended if necessary to include an attitudes and perception survey, particularly if the underlying safety culture is considered a significant factor in historical performance. This is the first of a series of initiatives that brings together the resources and technical expertise of Garwyn and Garwyn Health and Safety to bring our Clients a holistic approach to their health, safety and risk management practices".
For further information contact Mike Williamson (mike.williamson@garwyn.com / 0141 226 4800) or your usual Garwyn contact.