Compensation culture still an issue for SMEs
A recent article in the Daily Telegraph suggests that the compensation culture is still seen as an issue by SME employers in the context of responding to EL claims brought by their employees. All of this is set against the background of a reducing number of workplace accidents, yet an increasing number of EL claims being made.
A survey carried out by AXA and reported here suggests that 79% of SME employers want to see more robust medical examinations as part of further Government reforms of the claims handling process. While of course this issue is currently being consulted upon by the MoJ in the context of whiplash claims, if the important general principle of independence of medical evidence freed of any link with the claimant’s lawyer can be established in the area of whiplash claims, why should it not be capable of being rolled out to apply to all types of injury claims including not only EL but PL as well? The way in which the RTA portal was extended to cover EL and PL claims is an example of this sort of approach in action.
You can read more from DWF on this issue in the context of whiplash claims here.
For further information, please contact Simon Denyer, Strategic Legal Development Partner, on 0161 604 1551.
This information is intended as a general discussion surrounding the topics covered and is for guidance purposes only. It does not constitute legal advice and should not be regarded as a substitute for taking legal advice. DWF is not responsible for any activity undertaken based on this information.