Claim Prevention and Defensibility Training

Claim Prevention and Defensibility Training is a CSS Worksafe training course developed to improve knowledge, competence and safer working practices.

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.

Assessment: s, 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.

Assessment: s. 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.

Assessment: s 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.

Assessment: s 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.

Assessment: s. 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 CCTVGathering 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 differentpoints in time. You are not defending the accident.

For more information on Claim Prevention and Defensibility Training talk to CSS Worksafe Ltd