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Media Spotlight On Injuries At Work
Concerns that fraudulent claims for injuries at work may be on the rise are sending ripples of worry through the claims industry as the media latches on to the story with salacious headlines guaranteed to shift copies and to cause outrage amongst taxpayers. As with most stories against compensation claims, the reality is that generally there is no noticeable increase in the amount of compensation claims made each year, but this does not stop the media from pursuing these stories.
A recent report in one tabloid newspaper has catalogued a list of injury compensation claims for frivolous incidents that bear no resemblance to the regular injury compensation claims that solicitors and lawyers are fighting for. In one incident, a teacher was awarded £5,200 in compensation after claiming for an injury caused when a child’s toy brick fell on her head. Another borough council was forced to pay out over £6,000 to a worker who tripped over a vacuum cleaner lead. This rise in seemingly minor claims and the compensation awarded that seems to outweigh the actual seriousness of the incident is worrying solicitors. Whilst defending the right of anyone injured at work to claim justifiable compensation, they are also concerned that the public image of the industry is once again in the spotlight for all the wrong reasons.
What is troubling about these reports is that they rely on sensationalist headlines to put across a story that is only partially told. Some of these accidents at work have resulted in genuine injury to the claimants. Whilst the causes may seem to be tailor-made for the tabloid press’s headline writers, the full story is never really told. Yes, there may be dubious claims made for seemingly insignificant incidences, but the vast majority of claims for accidents at work are the result of employer negligence and can result in serious injury and even fatalities in some cases. The concern is that these ‘silly season’ claims are taking away the emphasis from genuine cases where lives are being seriously affected as a result.
An army of regulators, inspectors and specialists constantly strive to ensure that working environments are as safe as possible for both employees and visitors, and companies now realise that their duty of care extends to everyone within their organisation and outside contractors or visitors on a daily basis. Even in supposedly safe environments like schools, accidents can and do happen. The unions have come out in defence at the claims, saying that they only pursue claims where there is clear evidence of employer negligence or that reasonable steps to avoid a risk have not been taken. This is the basis of all claims for injuries at work, whether that environment is a school classroom or a heavy industry factory. Anyone injured at work as a result of the negligence of an employer is entitled to compensation, no matter how strange or even amusing the circumstances may seem. It is this point that the claims experts want the media to understand, rather than focusing on the public’s supposed outrage at frivolous claims.
The underlying concern is that, as the recession continues to affect an increasingly cash-strapped public, reports like this will make it seem that the slightest incident can warrant a claim, or even worse, that fraudulent claims will show an increase in incidence within the workplace. It is a concern that not only affects claims experts, but businesses as well, as they see their insurance premiums rise year on year. The legal system has to be vigilant to the threat of fraudulent claims for injuries in the workplace, and every case has to be carefully investigated if the reputation of the legal profession is not to take yet another body blow from a media eager for juicy stories for their front pages.
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