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Taking the fall - the real cost of slips, trips and falls

The Health and Safety Executive estimates that slips, trips and falls cost UK businesses £512 million per year.

More than a third of all reported major injuries, 20% of over-3-day employee injuries and 50% of all reported accidents to members of the public in workplaces are due to slips, trips and falls. Our litigious society, the growing number of injuries and rising medical costs are some of the factors that are applying pressure on insurers to increase premiums.

Companies may also feel the financial impact of production delays, temporary labour or overtime, lost contracts, loss of expertise and experience, delays resulting from the investigation time and loss of reputation.

In addition to the financial argument for reducing slips, trips and falls, there is also a legal requirement for companies to manage the risk effectively. Under the Health and Safety at Work etc Act 1974, employers have to ensure risks to health and safety are properly controlled so that employees and others do not become ill or injured at work.

Managing the risk

The HSE recommends assessment of the risks to identify the necessary controls and provides a 5 step guide to managing the risk of slips trips and falls.

Step 1
Look for slip and trip hazards around the workplace, such as uneven floors, trailing cables, areas that are sometimes slippery due to spillages. Include outdoor areas.

Step 2
Decide who might be harmed and how? Who comes into the workplace? Are they at risk? Do you have any control over them? Remember that older people and people with disabilities may be at particular risk.

Step 3
Consider the risks. Are the precautions already taken adequate to deal with the risks?

Step 4
Record your findings if you have five or more employees.

Step 5
Regularly review the assessment. If any significant changes take place, make sure existing precautions and management arrangements are still adequate to deal with the risks.

Protecting your business – key insurance considerations

If those likely to be at risk are employees, then the Employers' Liability policy is the one that will respond to any claim. If it is a member of the public at risk, the Public Liability policy will respond. Either way, your claims experience is likely to affect future premiums.

Insurers will consider the following factors:
 
1. Liability - had you managed the risk as far as reasonably practicable and, most importantly, do you have documentary evidence to prove it?
 
2. Quantum - the value of a claim is made up of a number of elements that insurers will try to estimate, including:
- General Damages - pain & suffering, loss of amenity, future loss of earnings, future nursing care, loss of opportunity in the labour market
- Special Damages - actual loss of earnings, damage to property, reimbursement to the compensation recovery unit, medical costs incurred, expert witnesses, engineers, private investigators
- Legal costs - both insurers' own costs as well as the injured party's legal costs
 
Companies can take steps to influence both of the above.
 
To reduce or avoid the risk and therefore liability, it is vitally important that risk assessments, safe systems of work, training records, etc are all up to date and available and that suitable personal protective equipment, such as footwear, is provided. Without documentary evidence, the injured party will almost certainly be given the benefit of the doubt.
 
To reduce the value of the claim, employers should make every effort to ensure an early return to work of the injured party. Slips, trips and falls most commonly result in musculoskeletal injuries such as strains and fractures and rehabilitation services can ensure the injury is diagnosed and treated quickly. Regardless of whether you consider your company to be liable, an early return to work will have numerous benefits aside from reduced claims.

Next steps

To discuss the issues raised in this article or to talk to someone about rehabilitation services, please speak to your usual Perkins Slade contact or call 0121 698 8000 and ask to speak to someone in the Corporate team. Alternatively, you can email corporate@perkins-slade.com

Perkins Slade is authorised and regulated by the Financial Services Authority No. 302886.

Perkins Slade Limited is registered at Companies House in England and Wales under Company Number 969374.

Registered Office: 3 Broadway, Broad Street, Birmingham, UK, B15 1BQ.

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