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INVESTIGATING A PERSONAL INJURY LIABILITY CLAIM

INVESTIGATING A PERSONAL INJURY LIABILITY CLAIM. MARTYN GABBITASS ACII, ACILA QUESTGATES. OBJECTIVES. Why an investigation required When to investigate What information is required How to investigate on site Basis of questions to form investigations. WHY INVESTIGATE?.

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INVESTIGATING A PERSONAL INJURY LIABILITY CLAIM

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  1. INVESTIGATING A PERSONAL INJURY LIABILITY CLAIM MARTYN GABBITASS ACII, ACILA QUESTGATES

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

  3. WHY INVESTIGATE? To Determine liability How ? Obtain key facts and evidence

  4. 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

  5. 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

  6. LETTER OF CLAIM Should contain - Brief circumstances - Allegations - Brief details of injury In inadequate - Notify solicitors - Timetable stalled - Investigation delayed

  7. 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

  8. PREPARATION (2) Quality call to insured Ensure witnesses present Manager / supervisor present System of work operational Details of documents required Avoid revisit

  9. HOW TO INVESTIGATE ONSITE (1) What does insured do? Number of sites? Number of employees? Turnover / payroll? Why? Ensure adequate declarations to insurers

  10. 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?

  11. HOW TO INVESTIGATE ONSITE (3) Claimant’s line manager What is manager like? Self-preservation System of working Workings of machinery Accident locus – slipping / tripping claim

  12. HOW TO INVESTIGATE ONSITE (4) Accident circumstances Accident book entry Riddor Internal report forms / contemporary statements Consistent? Interview eye-witnesses Insured’s 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

  13. 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

  14. 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

  15. 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

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