Speaking to Simon Broome, Risk Manager at our partners Towergate Insurance, there are a number of ways that poor risk management can provoke personal injury claims.

In his experience, one of the primary reasons why accidents and incidents turn into claims is a lack of formal documentation. This typically includes training documentation, induction documentation, risk assessments, safe systems of work, PPE registers and/or isolation procedures that are either not available, not signed off, not communicated or aren’t fit for purpose. Without this evidence, defending a claim will be an uphill battle.

A lot also comes down to culture. For example, if your management team are apathetic towards health and safety or supervisors tend to play the blame game, then accidents may go unrecorded and risks will go unmanaged. Not only will this pave the way for future incidents, but a perception that leaders don’t care about employees’ wellbeing will arguably make it more likely that they will pursue making a claim.

Crucially, as word spreads that others within the business have succeeded with a claim, a ‘compensation culture’ may develop and unmeritorious claims are brought. Employers must bring this under control quickly by ensuring robust systems and procedures are in place.

Finally, a poor health and safety culture and the perception that accidents are no big deal may also lead to another, fundamental failing: the lack of a formal investigation. Don’t forget, minor injuries or incidents can be the precursor to serious events if root causes aren’t identified and remedied, so it’s important not to miss these opportunities by investigating properly, not least to show employees that you are taking them seriously.

Even if an investigation is conducted, missing or vague information, CCTV not being captured or retained, and/or no action being taken afterwards will severely compromise the aim of the exercise, which is of course to prevent further incidents and protect your claims defensibility should they occur.