Employers' best defence against spurious compensation claims is accident prevention through systematic safety management, according to Ms Mary Darlington, a former board member of the Health and Safety Authority.
Not all claims taken by injured employees succeed; not all accidents result in claims, nor do all claims get to court, says Ms Darlington, director of Darlington Consulting. "At no time should liability be automatically assumed," she says.
She cites the case of a woman who suffered a back injury in the workplace. It was dismissed when her employer proved the employee had received manual handling training. "The compensation culture can be defeated, I believe, not by complaining about it and hoping the system will be changed to favour the employer, but by systematically managing risk at work and putting forward effective defence cases," she says.
Moreover, she says, by reducing accidents and claims, it is possible to re-negotiate the employer's liability premiums. If an employee slips on steps at work, it must be asked if the steps were in good condition.
The most important question to ask is: "Is there anything I need to do with the steps to make them safer to prevent another accident occurring?"
"If the answers to these questions suggest that the steps were in good condition . . . then you are not necessarily liable and you should seriously consider fighting the claim," she says. Slips can be caused due to people being distracted or wearing inappropriate or faulty footwear. If they fall for such reasons only, the employer is not negligent. "Obviously if the steps were in poor condition or were covered in snow and you had made no efforts to repair them or to clear the snow, or they were badly lit, you would certainly be liable. And I would be advising you to settle and not go to court at all," she says.
Pointing to statistics from the Health and Safety Authority, she notes less than half workplaces inspected in 1999 had a safety statement, while as few as 17 per cent had a safety representative. Accidents can best be prevented through thorough risk assessment, followed by action to remedy any defects and the development of a safety culture, she says. She advises a walk through your business premises, looking at the following:
The floor - is it clear of cables, goods and rubbish? Can employees move about freely? Can raw materials be moved in and out with ease? Is the floor regularly cleaned? Is it in good condition, free of grease, oil or other spillage?
Are fire exits clear of obstructions and available for emergencies? Can all employees walk to an exit that opens and leads safety outside?
Is equipment and machinery safe? If it has moving mechanical parts, are they guarded?
Have all employees been trained in the safe way to do their job?