Claim Prevention and Defensibility Training

Aims & Objectives

This course is designed to help managers, supervisors and safety professionals reduce the likelihood of claims arising and improve their ability to defend them if challenged.

Suitability

The course is practical, evidence-based and focused on the real reasons claims succeed or fail.

Requirements

Syllabus

Course Objectives

By the end of the course delegates will be able to:

Understand why personal injury claims arise

Recognise the common weaknesses that undermine an organisation’s defence

Understand the current England and Wales claims environment

Understand how claimant solicitors, insurers and "no win no fee" arrangements operate

Identify the records and evidence commonly requested following a claim

Improve risk assessments, investigations and record keeping

Develop practical actions to reduce future claims

Course Content

Part 1 – Why Claims Happen

Learning Outcome

Understand why otherwise reasonable organisations end up facing claims.

Topics Covered

• Common types of workplace personal injury claim
• Why minor events can become expensive claims
• The difference between accidents, complaints and claims
• The current England and Wales claims environment
• The effect of "no win no fee", claims management companies and social media
• Why organisations often underestimate their exposure
• The impact of Fixed Recoverable Costs and increasing emphasis on documentation and proportionality

Part 2 – Prevention Before the Claim Exists

Learning Outcome

Understand how effective safety management reduces the chance of claims arising.

Topics Covered

• Suitable and sufficient risk assessments
• Foreseeability and what the organisation knew, or should have known
• The importance of supervision, inspection and maintenance
• Training and competence
• Acting on complaints, concerns, previous incidents and near misses
• Why weak systems create strong claims
• Linking risk assessments to what actually happens in practice

Part 3 – Why Organisations Lose Claims

Learning Outcome

Recognise the weaknesses that undermine an otherwise reasonable defence.

Topics Covered

Missing or generic risk assessments

• Poor records
• Failure to review arrangements after change
• No evidence that controls were implemented
• Weak or inconsistent supervision
• Missing training, maintenance or inspection records
• The dangerous phrase:

“We did it, but we didn’t write it down.”

• Why a weak defence is often created long before the accident occurs

Part 4 – What Claimant Solicitors and Insurers Ask For

Learning Outcome

Understand what happens when a claim is made and what information is normally requested.

Topics Covered

• Risk assessments
• Safe systems of work
• Training records
• Inspection and maintenance records
• Accident investigation reports
• CCTV, photographs and witness statements
• Previous complaints, near misses and similar incidents
• The Personal Injury Pre-Action Protocol in practical terms
• What claimant solicitors look for in weak organisations
• What "no win no fee" really means in practice

Part 5 – Investigation, Records and Defensibility

Learning Outcome

Understand how to create practical and defensible systems.

Topics Covered

• Preserving evidence after an incident
• Taking photographs and securing CCTV
• Gathering witness information
• Distinguishing between fact, assumption and opinion
• Writing investigation reports that stand up to scrutiny
• Linking the investigation back to the risk assessment and wider management system
• Building a practical record keeping system
• What to keep, what to review and what to stop doing

“If you cannot prove what you did, a court may conclude you did not do it.”

Part 6 – Practical Workshop

Learning Outcome

Apply the principles to a realistic scenario.

Activities

Delegates will work through a realistic fictitious claim and identify:

• Why the claim may succeed
• What records and controls are missing
• What the claimant solicitor would focus on
• What practical improvements are required
• How similar claims could be prevented in future

Key Messages

• The best way to defend a claim is to prevent the circumstances that give rise to it.
• Prevention and defensibility are not separate things. They are the same thing viewed at different
  points in time.
• You are not defending the accident. You are defending the quality of your management.
• Good safety without records may still lose.
• Poor safety with good records deserves to lose.

Course Style

The course uses:

• Real-world examples
• Photographs and case studies
• Practical discussion
• Group exercises
• Examples of both weak and strong records
• A realistic claim scenario tailored, where possible, to the organisation

Programme prepared by Phil Douglas

Training will be delivered by Phil Douglas, a Chartered Safety Professional with over 35 years’
experience managing workplace risk. Phil is a recognised expert in contractor control and permit-towork
systems, supporting organisations across the UK, USA and Europe in developing safety systems
and investigating major incidents.

Phil heads a Gold Accredited NEBOSH Learning Centre – recognition reserved for providers
consistently achieving the highest standards in safety training. Phil also contributes as a safety
spokesperson on the BBC’s Jeremy Vine Show, trusted to provide competent advice to an audience of
over six million people.

Notes

Who Should Attend?

• Managers
• Supervisors
• Health and Safety Advisers
• HR Personnel
• Operations Managers
• Anyone involved in investigations, claims, records or risk assessment

Certification