BWS issue 34 July August 2015 | Page 23

business advice BUSINESS WOMEN SCOTLAND 21 ask the expert SIMPSON & MARWICK • Tel:+44 (0)141 353 8667 • 144 West George Street, Glasgow, G2 2HG, DX GW377 Lynne Macfarlane is a partner at Simpson & Marwick, and specialises in personal injury claims. Email Lynne with your accident procedure queries and she will answer in following issues of BWS magazine. e: [email protected] Personal injury claims in the workplace As a lawyer with over 15 years experience defending personal injury claims, I have dealt with a huge variety of businesses facing broadly the same set of circumstances - an employee has sustained injury, and a civil claim has been intimated. As an employer, the effectiveness of your accident procedures is crucial to me in identifying whether a claim is capable of being defended in court: as a bare minimum, an accident report ought to have been prepared, identifying the person injured and the date of accident, how the injury occurred and to whom the injury was reported. Written signed statements from witnesses and photographs of the accident location obtained at the time of the accident are also extremely helpful. A quick referral to your employers’ liability insurer is the next step and enables further detailed investigation to take place, long before the claim gets anywhere near the court. huge, with decision makers spending hours in meetings discussing litigation when they could be more usefully and profitably employed doing their jobs. And what about reputation? In larger businesses, word soon spreads that a colleague has been successful with a claim, with the consequence that a “claims culture” emerges. A poor record of work related accidents can have a direct effect on winning business - when bidding for contracts, it is now common place to be asked to provide details about numbers of work related accidents, civil claims and criminal prosecutions. In my view, prevention of work place accidents must be the starting point for any successful business. The difficulty is the duties placed upon employers are myriad - an exhaustive list goes well beyond the scope of this editorial. If I were to author a book entitled “Dummies’ Guide to Preventing Workplace Accidents”, these would be the broad chapter headings. For some businesses, interest in matters quickly dwindles thereafter – there isn’t the manpower to assist with further investigation and production