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Ministry of Justice reforms to liability claims

What has changed?

  • On the 1 April 2013, the Government's Ministry of Justice reforms (MOJ) introduced significant changes to the way that employers' liability (EL) and public liability (PL) claims are handled.
  • The timescales allowed to investigate these claims has significantly reduced from the current 90 days to 30 working days for EL and 40 working days for PL.
  • It is important to note that for all EL claims, earnings information must be disclosed within 20 working days from acceptance of liability, again highlighting that time is of the essence.

In short, there is a lot less time for the claims investigation process than we have been accustomed to.

What are the implications for our organisation?

  • There will be significant operational impact: claims will be notified through an electronic portal and there will be reduced timescales on decision making.
  • If the specified timescales are not met, the claim will be removed from the MOJ process, which is likely to incur significant additional legal costs.
  • It is therefore extremely important to work closely with the insurance team to make sure the notification of new claims is as streamlined as possible.
  • With the new shorter timescales in place, we will need you to assist with early investigation, processing and management of claims. For example, it will be critical that all relevant documentation to support the defence of a claim is provided quickly and that we make quick decisions on liability.
  • Please speak to your insurance team to agree the best approach to ensure early collection of information.

In the event of any claim notification form (CNF) being received for injury accidents that have occurred on or after 31 July 2013, these CNF's need to be acknowledged by Solent University within one business day, and then scanned and sent to our insurers, Zurich Municipal at leedscasualtyclaims@uk.zurich.com

When acknowledging the claim to the University's solicitors, we are required to do so within one business day and advise them of our insurance policy number along with a portal ID so the claim can be formally submitted to Zurich:

Policy number: NHE 11CB120013
Portal ID: C00108.

It is very important to note that there is the potential to greatly reduce the claimant's legal costs associated with these claims, if they can be handled within the MOJ process.

 

Page last updated on Tuesday 8 March 2016 at 3.10pm.

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