What to do after a public liability incident

How to approach the incident record

Start with a dated account of what happened. Use the original job record, messages and photographs rather than relying on memory alone.

Keep personal, medical and financial information secure. Share it only with organisations that have a proper reason to receive it.

For this subject, record the position on three points: a customer is taken for medical treatment; damage could worsen if left; and a solicitor or claims company gets in touch. Give dates where possible and identify the source of information supplied by somebody else.

Put these items together next: photographs and cctv; witness names and contact details; and contracts, risk assessments and job records. Keep originals in their existing form. An incomplete genuine record is better than a polished reconstruction made later.

Check the policy’s notification instructions and use the contact route shown in the documents. Keep proof of what was sent and when. If the matter changes, pass the new information on.

Immediate points to deal with

Record the position on each of these items:

• A customer is taken for medical treatment
• Damage could worsen if left
• A solicitor or claims company gets in touch

Add dates and names wherever the record allows.

Begin with “a customer is taken for medical treatment”. Write down when it happened, who was involved and what was done straight away. Avoid filling gaps with assumptions. If you are not sure of a detail, say so and check the original record.

Next consider “damage could worsen if left”. Preserve any photographs, correspondence, contracts or job notes that bear on it. The third point, “a solicitor or claims company gets in touch”, may explain why the matter needs prompt notification even if no formal demand has arrived.

Keep the account factual. The insurer or broker can ask follow-up questions and decide what the policy requires; your immediate job is to preserve the information and pass it on.

What to have ready

Keep the following information in the claim file:

• Photographs and CCTV
• Witness names and contact details
• Contracts, risk assessments and job records

Organise the material under three headings: “photographs and cctv”, “witness names and contact details” and “contracts, risk assessments and job records”. Add dates wherever they are known and keep each original document or image unchanged.

Separate what you saw from information supplied by somebody else. For anything received later, note who supplied it and when. This gives the insurer or broker a clear record without turning uncertain details into fact.

Send new demands or solicitor letters to the insurer or broker promptly.

What not to overlook

• Be helpful without guessing fault
• Do not alter records after the event
• Forward correspondence unanswered

If the other party has a solicitor, send the letter on rather than replying to the arguments yourself.

Keep the claim record together

Save the original job information, photographs, messages and any later correspondence in date order. Keep a note of telephone conversations, including who called and what was agreed. Do not rewrite an earlier record to make it neater.

Pass letters of claim, solicitor correspondence or new evidence to the insurer or broker promptly. Avoid entering into an argument with the other party or promising a payment before the firm handling the claim has considered it.

If urgent action was needed to make the place safe or prevent further damage, keep the invoice and explain why the work could not wait. One caution is worth repeating: Forward correspondence unanswered.

Once the immediate issue has settled, review what happened. A practical change to the work method, site records or customer instructions may reduce the chance of a repeat.