INVESTIGATING A PERSONAL INJURY LIABILITY CLAIM

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