Employee accident claims how are we doing?

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1 Employee accident claims how are we doing? Norma Shippin

2 Clinical Negligence and Other Risks Scheme - CNORIS The Scheme was launched on 1 April 2000 Membership - mandatory for Boards Clinical and non-clinical claims and risks

3 Clinical - CNORIS Medical and Dental Nurses Midwives PAMs Ambulance and Laboratory staff

4 Employers liability CNORIS Non-clinical - Public liability ( including directors) Product liability Professional indemnity Fidelity Money Income generation (but only in respect of NHS to NHS activity)

5 Exclusions - Third party risks Business interruption PFI/PPP Motor Vehicles Engineering Personal Accident Property damage CNORIS

6 CNORIS is not an insurance scheme

7 Payments under the scheme CURRENT TRENDS SCOTLAND 2007/ m 2008/ m 2009/ m 2010/ m 2011/ m 2012/ m 2013/ m

8 Accident and Emergency General Surgery Claims Obstetrics and Gynaecology Value of Claims in last 3 years 10,350,830 3,368,549 2,439,815 52,595,640 6,300,169 2,355,949 1,152,201 20,779, , ,421 1,207,435 Non-clinical Accident and Emergency Anaesthetics Clinical (unclassified) Gynaecology Healthcare Acquired Infection Medication Error (excl anaesthetics) Obstetrics Oncology (excl Radiology and Surgery) Radiological Investigation Surgery (excl obstetrics)

9 Prescription of claims Normally 3 years from date of incident proposed change to 5 years Discretion of court

10 Most common clinical Claims Accident and Emergency General Surgery Obstetrics and gynaecology

11 Employee accident claims Settled Claims Award Payments Adverse Expenses No K K 2008/ , / ,775 1, / ,393 1, / ,297 1, / ,599 1, / ,116 1,319

12 Settled Claims understanding the law Visitor accident claims Award Payments Adverse Expenses No K K 2008/ / / / / /

13 Top 15 Causes of Claims Outstanding at 30th October Number

14 Top 10 Causes for Employee Claims Settled between 01/04/2008 and 31/03/2014 Injured whilst handling - Person Needlestick - Other Injured whilst handling - Other - Non-Clinical Needlestick - handling waste Needlestick - improper disposal Slip/Trip/Fall on level - Slip/Trip/Fall on level - Spillage Slip/Trip/Fall on level - Other Struck by moving/flying/falling Amount

15 Most common causes of Non clinical claims Slips, trips and falls Needlestick injuries Exposure to harmful substances Violence from patient Manual handling

16 EMPLOYER LIABILITY Provide and maintain safe plant and equipment Have a safe system of work Provide sufficient competent staff supervision and training Provide a safe place of work with safe access and egress

17 THE SIX PACK REGULATIONS The Management of Health and Safety at Work Regulations 1992 The Workplace (Health Safety and Welfare) Regulations 1992 The Provision and Use of Work Equipment Regulations 1992

18 THE SIX PACK REGULATIONS The Personal Protective Equipment at Work Regulations 1992 The Manual Handling Operations Regulations 1992 Health & Safety (Display Screen Equipment) Regulations 1992

19 Enterprise and Regulatory Reform Act 2013 S 69 amends section 47 of Health & Safety at Work Act Into force 1 October 2013

20 Enterprise and Regulatory Reform Act 2013 Limits right to claim for compensation to where negligence by employer can be proved Reasonable steps relevant Not retrospective

21 Factors giving rise to risk Intrinsic Intervention Inadequate training Inappropriate delegation Inadequate communications/ records

22 Personal risk factors Ignorance Lack of insight Inattention Irritation Interruption Idleness/inertia

23

24 Questions? Norma Shippin

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