I am infuriated and ever more demoralised with political correctness and its illegitimate offspring, ‘claim culture’.
In personal liability claims following accidents, we are now in a position where it is practically impossible for an employer to win a case. Employees, or anyone else on your premises, don’t even need to have an accident. All they have to do is say they had one.
Here is a simple scenario: a visitor comes to your premises and, while there, visits the toilets. You have the toilets checked every 15 minutes, and signed-off in good condition. But the visitor insists they slipped on water in there, and reports it.
You investigate and find that there is indeed water on the floor. Who will win the case? Answer: the claimant, if they insist they slipped. The employer can’t say where the water came from. Perhaps the visitor spilled the water by accident, or even deliberately, but will never admit it. Nor will anyone in court call them a liar.
Insurers will not use common sense as a defence, and won’t even go to court if the award is likely to be less than a couple of grand. This is a lot of money for an individual who only has to report an accident and get in touch with their union or solicitor. No costs up front; no work to do. Nice money, if you can get it.
The problem in all this? Everyone gains, except the employer. The ‘injured’ person gains, the insurer gains (increased premium), the union gains (members see the value of membership), and the loss adjusters gain (extra work). The employer loses. But with everyone else gaining, where will it end?
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