LEGAL & FINANCE EARLY INTERVENTION
Health and safety (H&S) in care settings is essential for not only protecting individuals but also safeguarding the environment and reducing legal liabilities for care providers. Jerry Oliver, Head of Markel Consultancy Services, discusses and how pre-emptive action can significantly reduce the risk of future issues.
PROTECTING THE ENVIRONMENT
With increasing pressure on organisations
to operate sustainably, failing to manage waste or energy consumption could result in penalties or damage to an organisation’s reputation.
Care facilities oſten generate significant amounts of medical and biological waste, including used syringes, bandages, and personal protective equipment (PPE). Facilities need to follow the regulations regarding disposal to minimise environmental contamination and prevent hazardous exposure to staff, residents, and the wider community. Beyond waste management, eco-friendly practices like reducing energy consumption and promoting recycling contribute to a healthier environment for everyone.
REDUCING LIABILITY THROUGH
SAFETY PROTOCOLS Adhering to health and safety protocols can significantly reduce the risk of accidents, injuries, and illnesses within care settings, ultimately helping to avoid costly legal claims. The potential liabilities in care environments are vast, ranging from slips and falls to improper handling of medication or poor infection control. To mitigate these risks, regular risk assessments, staff training, and thorough documentation are essential. These proactive measures not only ensure compliance with laws and regulations but also provide a strong defence against potential lawsuits.
“Regular risk assessments, staff training, and thorough documentation are essential.”
A focus on employee wellbeing is also important. Unsafe working conditions, whether due to poor ergonomics or exposure to infectious diseases, can result in staff injuries or illnesses. This could lead to compensation claims, absences, and, ultimately, higher staff turnover. Ensuring employees are provided with proper training, sufficient PPE, and a safe working environment can greatly reduce liabilities and improving staff retention.
- 22 - THE FINANCIAL AND LEGAL BENEFITS OF
EARLY INTERVENTION A proactive approach to health and safety doesn’t just safeguard individuals; it also protects the financial and legal standing of care providers. Claims associated with employers’ liability, public liability, and professional negligence are common in the care sector. However, many care settings lack a sufficiently robust strategy or organisational approach to defend claims, which can oſten be overstated or even fraudulent claims.
“Many care settings lack a
sufficiently robust strategy or organisational approach to
defend claims, which can often be overstated or even fraudulent.”
A positive for the sector, however, is shown in the latest figures from NHS Resolution, an initiative to settle disputes without going to court. In 2023/24, a record 81% of claims in England were resolved without the need for legal proceedings, marking a continuing trend seen over the past seven years. Over 10,800 claims were settled through various dispute resolution processes, avoiding the costs and complexities of formal legal action. Further, payments for resolving clinical claims fell from £2.8bn in 2022/23 to £2.6bn in 2023/24.
For care providers, data such as this reinforces the importance of early intervention and effective management strategies. Markel, as a specialist care insurer, supports clients by strengthening their ability to manage claims and incidents, offering legal support, training and additional tools, usually as part of the policy cover. These resources help care providers to reduce their liabilities, defend against claims more effectively, and improve their renewal negotiations with insurers.
Early health and safety intervention not only helps care providers avoid costly legal claims but also supports a safer environment for staff and residents. With proactive risk management strategies, care providers can protect their financial and legal standing while promoting a healthier, more sustainable environment. With the right tools, training, and a strategic focus, care providers can minimise risks, reduce claims, and ensure long-term success.
https://uk.markel.com
www.tomorrowscare.co.uk
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