INVESTIGATING A PERSONAL INJURY LIABILITY CLAIM

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INVESTIGATING A PERSONAL INJURY LIABILITY CLAIM

• MARTYN GABBITASS ACII, ACILA
• QUESTGATES

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OBJECTIVES

• Why an investigation required
• When to investigate
• What information is required
• How to investigate on site
• Basis of questions to form investigations

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WHY INVESTIGATE?
To Determine liability How ? Obtain key facts
and evidence
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WHEN TO INVESTIGATE (1)
Sooner the better But enquiry must be
meaningful Be aware witness memories fade Key
witnesses move employment / disappear Systems of
work change Machinery may be altered / removed
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WHEN TO INVESTIGATE (2)
Investigate prior to formal claim Ensure evidence
fresh and available NB. 3 months pre action
protocol demands timely investigation to enable
decision to be made POTENTIAL COSTS CONSEQUENCES
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LETTER OF CLAIM
Should contain - Brief circumstances - Allegati
ons - Brief details of injury In
inadequate - Notify solicitors - Timetable
stalled - Investigation delayed
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PREPARATION (1)
Plan an investigation Identify nature of
accident What law and statute apply Standard
disclosure list request documents from insured
prior to visit Severity of injury and
circumstances will influence Extent of
investigation
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PREPARATION (2)
Quality call to insured Ensure witnesses
present Manager / supervisor present System of
work operational Details of documents
required Avoid revisit
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HOW TO INVESTIGATE ONSITE (1)
What does insured do? Number of sites? Number of
employees? Turnover / payroll? Why? Ensure
adequate declarations to insurers
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HOW TO INVESTIGATE ONSITE (2)
Background to claimant Date of birth Job title /
description what does he / she do? Length of
service Experience of job Any supervisory
duties? Training history obtain training
records Previous claims / accidents General
health / absences Any disciplinary issues?
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HOW TO INVESTIGATE ONSITE (3)
Claimants line manager What is manager like?
Self-preservation System of working Workings of
machinery Accident locus slipping / tripping
claim
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HOW TO INVESTIGATE ONSITE (4)
Accident circumstances Accident book
entry Riddor Internal report forms / contemporary
statements Consistent? Interview
eye-witnesses Insureds evidence 1st or 2nd
hand? Speak to witness at locus Photograph locus
use models Measurements / sketch plan / how
does machinery work Any changes to locus / plant
/ machinery / equipment
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Questions (1)
Is training adequate? What instructions were
given? Method statements / risk assessments
available? PPE issued, appropriate, used? Signed
form? Machinery adequately guarded? Did workforce
develop their own custom / practice? Management
aware? Previous accidents / complaints?
Management reaction What was system of inspection
/repair Lighting adequate Cleaning system
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Questions (2)
Interview fist aider re injury Absence
warranted? Alternative duties available? Return
to work resumed full duties? Earnings
details Also consider risk management issues
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SUMMARY
Analyse letter of claim Request documents in
advance of visit Prepare for visit - identify
witnesses - missing documents Investigation plan
- time to be allocated Interview
witnesses Examine locus - photographs /
measurements Consider underlying causes - why
did accident happen? Review evidence - retrace
steps Double check notes - legible