Expert Guidance

Wed, 8 Dec 2010

Top 10 tips on how businesses should manage the aftermath of an accident or casualty

Act Promptly

All accidents need to be treated as serious incidents and acting promptly will not only give you the best opportunity of ascertaining what and why it happened but, also, afford you the best protection should a claim subsequently be made.

Report To The Relevant Insurer/Broker

This is an important consideration and will invariably be a condition of the relevant liability insurance policy. A failure to report an accident promptly to the insurer could entitle the insurer to avoid cover or decline a claim under the policy.

Adhere To Company Procedures

Your business should have established procedures or processes setting out what must be done in the event of an accident so make sure that they are followed. Undertake periodic reviews of procedures to ensure that they are up to date and relevant.

Investigate Fully

You must treat all accidents seriously. Undertaking a comprehensive investigation maximises your opportunity of understanding what happened. It will enable you to consider what preventative action to take and it will enhance your prospects of being able to deal properly with any claim that may arise as a consequence.

Preserve All Documents and Evidence

Evidence is vital. Serious accidents will attract the attention of the Police and Health & Safety Executive (or in the shipping sector the Maritime & Coastguard Agency). These authorities have extensive powers to obtain documents and statements/declarations from witnesses. Failing to safely preserve relevant evidence could land you in big trouble and hinder your prospects going forward. If in doubt, consult a lawyer.

Obtain Witness Statements

Contemporaneous accounts of those who have something relevant to say about the circumstances of the accident is the best evidence you can have. A witness is not just someone who saw what happened, it is anyone who has something relevant to say about what happened. Having comprehensive witness statements helps protect you from loss of recollection or witness unavailability over the passage of time. Ensure the statements contain contact details and are signed and dated by the witness.

Take Photographs or Video

It is far easier to explain or understand the component parts of an incident with good photographs or video footage. It helps remove any doubt as to where an accident happened or what was involved. It also gives a reference point to guard against subsequent changes to equipment which may have been involved.

Complete Accident Reports Carefully

It is important to ensure that Company Accident Reports are adequate. Make it clear who has completed the form. Confine comments to matters of fact and avoid the temptation to express opinions or personal views of why the accident happened or what went wrong. Accident Reports must be signed and dated. If in doubt about what to include in your Accident Reports seek legal advice.

Public Relations

It is essential to manage carefully both external and internal communications . The recent BP Deepwater Horizon incident illustrates the adverse effect that failing to communicate effectively can have on the perception of how a company has responded to an incident. Ensure you have a clear and unequivocal procedure in place identifying the personnel who have authority to speak to the media. Have strict policies governing the use of social media by employees.

Legal Privilege

There are strict rules that govern those documents and written communications that have to be disclosed after an incident from those which attract legal privilege. It is important to establish a small and defined “circulation” list and to understand how the principle of legal privilege applies. Otherwise there is a real danger of documents which could/should have been protected having to be disclosed.

Scott Yates is a director and solicitor at Myton Law. He specialises in representing and advising companies in the aftermath of serious accidents or casualties especially in the shipping and transport sectors.