Skip to main content
CAT event update
For the latest on the Turkey earthquake, please visit our event page.
Learn more
  • Select a Site Blog
    US-Global
    Canada en fr
    United Kingdom
    Australia

    By Country / Region

    • Argentina en es pt
    • Australia
    • Belgium
    • Brazil en pt es
    • Canada en fr
    • The Caribbean
    • Chile en es pt
    • China
    • Denmark
    • Finland
    • Germany en de

     

    • Hong Kong
    • India
    • Indonesia
    • Italy en it
    • Japan
    • Malaysia
    • Mexico en es pt
    • Netherlands en nl
    • Norway en no
    • Panama en es pt
    • Peru en es pt

     

    • The Philippines
    • Poland en pl
    • Singapore
    • Spain en es
    • Sweden en sv
    • Taiwan
    • Thailand
    • United Arab Emirates
    • United Kingdom
    • United States

    By Country / Region

    • Argentina en es pt
    • Australia
    • Belgium
    • Brazil en pt es
    • Canada en fr
    • The Caribbean
    • Chile en es pt
    • China
    • Denmark
    • Finland
    • Germany en de
    • Hong Kong
    • India
    • Indonesia
    • Italy en it
    • Japan

     

    • Malaysia
    • Mexico en es pt
    • Netherlands en nl
    • Norway en no
    • Panama en es pt
    • Peru en es pt
    • The Philippines
    • Poland en pl
    • Singapore
    • Spain en es
    • Sweden en sv
    • Taiwan
    • Thailand
    • United Arab Emirates
    • United Kingdom
    • United States

    Specialty Sites

    • Broadspire
    • Catastrophe Services
    • Contractor Connection
    • Crawford Blog
    • Crawford GTS
    • Crawford Legal Services
    • Investor Relations
    • WeGoLook
  • Investors
  • Careers
  • Blog
  • Subscribe
  • Login
    • CMS Portal
    • CAT Adjuster Portal
    • VTECH
    • XactAnalysis
  • Submit a Claim
    • US Claim Submission Portal
    • Text "Claim" to 877-531-4803
  • 24/7 Hotlines
    • ClaimsAlert Hotline
    • 877-346-0300
    • Transportation Claims Hotline
    • 866-420-1689
    • Submit a Claim
    • US Claim Submission Portal
    • Text "Claim" to 877-531-4803
Crawford & Company logo
  • Services
    • Loss Adjusting
    • Third Party Administration
    • Managed Repair
    • Medical Management
    • On-Demand Services
    • Catastrophe Response
    Global Loss Adjusting Preview Cards 480X270

    When loss occurs, Crawford is there with the right team, the right technology, and the right processes to help you restore and rebuild.

    Global Third Party Administration Preview Cards 480X270

    From loss adjusting to medical management to managed repair and more, Crawford delivers effective TPA solutions to save you time and money.

    Global Managed Repair Preview Cards 480X270

    Deliver a world-class experience to your customers from first notice of loss all the way through to finished repair.

    Global Medical Management Preview Cards 480X270

    A comprehensive set of clinical management programs focused on compassionate care.

    Global Wegolook Preview Cards 480X270

    Bringing the gig economy to the enterprise to deliver faster, more cost-effective results.

    Global Catastrophe Services V1 Preview Cards 480X270

    Industry-leading adjusters combined with innovations in technology and workforce management deliver value to clients when they need it most.

    Service Catalog

    Get details on all of Crawford's services in our easy-to-navigate online catalog.

    Explore our services

  • Industries

    Insurance & Risk

    • Carriers
    • Brokers
    • Corporates
    • The Lloyd's Market

    Other Industries

    • Agriculture
    • Construction
    • Entertainment and Events
    • Finance
    • Healthcare
    • Hospitality
    • Manufacturing
    • Marine
    • Mining
    • Power and Energy
    • Public Sector
    • Real Estate
    • Retail and Wholesale
    • Transportation
    Global Insurance Carriers Previewcard

    Optimize your claims processes and delight your customers.

    Global Insurance Brokers Previewcard

    Backed by our innovative array of services, you’ll always be the hero to your clients.

    Global Corporates Previewcard

    Comprehensive solutions for businesses in any industry.

    Global Preview Card Lloyds 480X270

    Exceeding expectations for syndicates, brokers, insureds, coverholders, and MGAs.

    Uk Agriculture Preview 480X270

    Understanding the ever-changing risks of the modern rural economy.

    Global Construction Previewcard

    Specialized expertise for those who build.

    Camera man filming a scene in a doctor's office

    Navigating the complex landscape of production risk.

    Aerial view of city

    Supporting the unique and ever-changing risks of financial institutions.

    Group of healthcare professionals meeting

    Delivering on our mission so you can focus on yours.

    Global Hospitality Preview Cards 480X270

    Driving efficiency, building customer satisfaction and protecting your brand.

    Batteries on a conveyor built in a manufacturing facility

    Keeping the engine of commerce running.

    Uk Marine Transportaion Preview 480X270

    Expert service in a complex, large-scale and high-profile sector.

    Mining equipment outdoors

    Global expertise for large-scale operations.

    Solar and wind farm

    Knowledge, skills and experience in energy, power generation, and renewables.

    Ornate columns outside a government building

    Innovation and data-driven efficiencies deliver value for public entities.

    Global industry real estate preview

    Exceptional service, information and reassurance in a fast-paced business.

    Delivery truck unloading at a commercial loading dock

    Managing risk in one of the world's largest industries.

    Global Transportaion Preview Cards 3 480X270

    Frictionless intake, rapid response, and comprehensive coverage.

  • Innovation
    • Crawford Technologies
    • Asservio
    • On-Demand Estimatics
    • WeGoLook
    • YouGoLook
    • 3D Property Scan
    • Digital Desk
    • Digital Assist
    • TruLook
    • Recall 360
    • Escape of Water
    Global Innovation Preview Cards 480X270 V2

    We’re not just embracing change, we’re leading it.

    Global innovation asservio preview

    Leading-edge estimate review technology that eliminates friction and ensures faster, more accurate property repair estimates.

    Global code preview

    Streamlined, accurate estimating from a single source.

    Global Wegolook Preview Cards 480X270

    Combining technology with an on-demand workforce to help businesses gather and validate information anytime, anywhere.

    Global yougolook preview 1 480x270

    Empowering policyholders to safely submit their own claims data.

    Global innovations 3d property scan previewcard

    Get a detailed report with measurements and information about the exterior of a property by taking just a few perimeter photos.

    Digital desk preview 480x270

    Access next-gen claims processing

    Global digital assist preview card

    Using Digital Assist, adjusters can quickly and easily request the individual services they need to close claims.

    Global Tru Look Preview Cards 480X270 V2

    Claims handling that adapts to your needs.

    Global Preview Recall 360 480X270

    Helping you prepare for and respond to any product recall.

    Global Escape Of Water

    Combining IoT technology with IICRC certified water loss specialists to deliver rapid and reliable response.

  • Expertise
  • About
    • Our Story
    • Our Locations
    • Leadership
    • Investors
    • Global Citizenship
    • Careers
    • Press
    • Blog
    • Contact us
    Global Our Story Preview Cards 480X270 V2

    Learn about Crawford's mission, vision, values, and the over 75 years of history that have made us who we are today.

    Global Locations Preview Cards 480X270

    With hundreds of offices and service centers around the world, Crawford is everywhere you need to be.

    Global leadership previewcard 2 480 X270

    Crawford’s strong and seasoned leadership team leverages its extensive knowledge and industry experience to drive our business.

    Global Investors Preview Cards 480X270

    Visit Crawford's investor relations website for news and information relevant to our shareholders.

    Global gcr preview 480x270

    We strive to make a positive impact on the communities in which we live and work.

    Global Preview Careers 480X270 V2

    At Crawford, employees are empowered to grow, emboldened to act and inspired to innovate. Won't you join us?

    Global Press Preview Cards 480X270

    Discover recent placements, company news and additional Crawford resources.

    Global Blog Nav Preview

    The Crawford blog publishes regularly on our people, our company and the industries we serve.

    Global Contact Us Preview Cards 480X270 V2

    We’re here to help! Team members around the world are standing by to assist you and your business.

  • Resources
  • Free Consultation
  • Home
  • Blog
  • Post
  • Blog
  • Post
  • Category:
  • All Categories
    • Company
    • Expertise
    • Innovation
    • People
    • Services
    • COVID-19
    • Legal Services

Monday, February 15, 2021

The employer’s liability COVID claims wave

2000x1000 uk blogpost covid 19 law

COVID-19 continues to dominate the news cycle at present – from news on the vaccine development to the issue of some employers putting pressure on employees to attend work during a lockdown in the UK.

Reports are increasing and indeed, the media is now live to this issue: https://www.bbc.co.uk/news/business-55695185

The report summarises that some employers across many sectors are putting pressure on employees into the workplace, either in ignorance of the government guidance / law and / or utilisation (questionably) of a key work exemption. The report also details instances of employees being asked to work with symptoms and/or a positive diagnosis of the virus – a direct contradiction to public health guidance. These employees, if true, are opening themselves up to both a criminal and civil liability. The Health and Safety Executive (HSE) has received 134,000 complaints since the crisis started, but issued only 192 enforcement notices. "We aren't naïve, we fully understand some employers are not trying to do the right thing," its boss told the BBC. This may mean that there is a revised focus on HSE investigations and prosecutions.

HSE data confirms that December 2020 saw the largest increase (so far) in HSE notifications by employers with the number totalling 4040 – 35 of which were sadly fatal. Overall since the pandemic began there have been 21,368 notifications of workplace exposure and worryingly, 254 total fatal notifications. The HSE guidance on RIDDOR reporting confirms you should only make a report under RIDDOR when one of the following circumstances applies:

  • · A person at work (a worker) has been diagnosed as having COVID-19 attributed to an occupational exposure to the coronavirus. This must be reported as a case of disease
  • · A worker dies as a result of occupational exposure to the coronavirus. This must be reported as a work-related death due to exposure to a biological agent

The numbers could indeed be higher whereby employers may well be dismissing the possibility of workplace exposure owing to the employee being ‘out and about’ – shopping for essentials, using public transport etc.

The COVID-19 bereavement scheme for family members of NHS and health and social care workers is a clear sign from government as to their awareness of risk of injury / death in the workplace, due to workplace contraction.

The legal landscape will certainly be impacted by COVID-19 and a brief glance at Companies House also evidences that many companies and law firms alike are registering their claims firms. Claimant law firms are also publically advertising their services for those who allegedly contract the virus in the workplace – all of this points to this having the potential to be the next claim focus of the Claimant PI industry. Further, it is noted that trade unions are also actively tracking alleged workplace exposure and noting the ability to pursue a claim for this.

Duties

Our recent blog looked at the risk of injury to home workers https://www.crawco.com/blog/out-of-sight-but-not-out-of-mind and confirmed that employers owe employee statutory duties under the Health and Safety at Work Act 1974 to take reasonably practicable steps to safeguard safety and health. Employers will be (or should be) well aware as to the legal – both common law (tort) and statutory obligations and duties they owe to employees. What may not be so clear is how this duty applies to their obligations in relation to and during the pandemic.

Proactivity is key – for both risk management and future defence

  • Risk management

We consider below an overview of points and steps to consider:

  1. Currently, the Government confirm that “You may only leave your home for work if you cannot reasonably work from home”. Many employers who allowed home working during the first major national lockdown will struggle to provide a substantive reason as to why this should not be the case during the current lockdown that is in place. A lack of trust and/or a questionable reliance upon a ‘key worker’ exemption together with poor risk management will not afford employers a defence in the event an employee alleges contraction of the virus in the workplace. So, if you can allow employees to work from home then you should absolutely do so. This will be a major risk prevention factor if employees are no longer based in a physical workplace.
  2. If employees for whatever reason, be it key worker exemptions and/or a necessity of the business, needs to physically attend the workplace, employers should ensure that they are aware of all relevant guidance both at legal and HSE levels to ensure the optimal safeguarding measures are in place – these could include but not be limited to:
  3. A clear and robust risk assessment – this may seem obvious but this needs to be a thorough and well documented process to ensure employees are protected and should look at, as per HSE guidance, the following:
  • Identify what work activity or situations might cause transmission of the virus.
  • Think about who could be at risk; are any vulnerable individuals present?
  • Decide how likely it is that someone could be exposed.
  • Act to remove the activity or situation, or if this isn’t possible, control the risk and seek to minimise to the lowest level possible.
  • This could include a rota system to limit employee workplace presence based on the size of the premises relevant to the total number of employees present at any one time.
  • Protective screens, enforced social distancing and mandatory (unless exempt) face mask usage, cleaning stations for employees and regular, thorough ‘COVID’ safe cleaning the communal workplace areas.
  • Assessment of ventilation should also be put in place as the HSE note ‘good’ ventilation can assist in preventing the spread of the virus. ‘Good’ will depend on the workplace environment, presence of natural ventilation and the type of ventilation system in place. There is further detailed guidance via the HSE that should be considered accordingly based on your workplace set up.

Capture now / defend later

  • Proactive data / evidence capture will be key to defend the potential pending claim wave, employers should look to set up data capture for all relevant documentation including but not limited to:

  • RIDDOR notification where appropriate.
  • Clear, robust investigation processes / documentation.
  • Collation and retention of key evidential documents – cleaning regime data, data confirming PPE provision, training records, risk assessment and review, witness evidence where appropriate.

The future claims wave – causation and quantum

The legal claims landscape for COVID-19 personal injury claims is on the horizon but still unclear. There are no known cases before the Courts at the time of drafting this article but we anticipate the next 12 months will change this for better or worse as the first test cases are put before the Courts.

Employees will still need to satisfy the age old test of breach of duty (be it statutory, common law or both) and indeed thereafter causation (though these will be inextricable linked). The link between liability and causation will no doubt be highly disputed and thus this claim area has the scope to be highly litigious and the Courts will approach these cases with a forensic and no doubt cautious approach, given the clear floodgate claims situation that could follow.

As it is the start of this potential claim trend, there is currently no guidance on how the Court may value these claims. A glance at Chapter 6: Injuries to Internal Organs (15th Edition) may give an indication as to how such injuries may be assessed financially, but as always, each claim will be assessed on its own merits and this is particularly the case given the varied impact the virus has upon each individual. Employers should look now to take all appropriate steps in accordance with legal and HSE requirements / guidance.

The Speciality Risks Team at Crawford Legal Services can assist you whatever your requirement or sector – be it utilisation of our connected claim solution offering providing access to the global Crawford TPA: Broadspire solution and to one of largest unrivalled dedicated liability adjuster teams in the UK that is able to work in unison with Crawford Legal Services. We are able to leverage legal privilege through our operating model to ensure your investigations are fully covered by this aspect of privilege or alternatively we are able to assist through the provision of standalone risk management / litigation services.

Please contact Andrew Higham – Solicitor within our Speciality Risks Team for further information on this article and / or a menu of services.

Related posts

2000x1000 eu blogpost new talent

Wednesday, February 10, 2021

Crawford Europe continues to invest in talent

Read more about Crawford Europe continues to invest in talent
2000x1000 uk blogpost adjuster life

Friday, February 05, 2021

The evolving role of the adjuster

Read more about The evolving role of the adjuster
2000x1000 uk blogpost covid study

Wednesday, January 27, 2021

A macroeconomic perspective on COVID-19

Read more about A macroeconomic perspective on COVID-19

Crawford & Company logo

Services

  • Loss Adjusting
  • Third Party Administration
  • Managed Repair
  • Medical Management
  • On-Demand Services
  • Catastrophe Response
  • Full Service Catalog

Industries

  • For Carriers
  • For Brokers
  • For Corporates
  • For the Lloyd's Market
  • For Construction
  • For Healthcare
  • For Hospitality
  • For Transportation

About

  • Our Story
  • Our Locations
  • Leadership
  • Global Citizenship
  • Careers
  • Press
  • Blog
  • Contact

Legal

  • Terms of Use
  • Privacy Policy
  • Cookie Policy
  • Employment Policy
  • EU Privacy Notice
©2023 CRAWFORD & COMPANY. All Rights Reserved.
  • Home
  • Services
    • Loss Adjusting
    • Third Party Administration
    • Managed Repair
    • Medical Management
    • On-Demand Services
    • Catastrophe Response
    • Full Services Catalog
  • Industries
    • Insurance & Risk
    • Carriers
    • Brokers
    • Corporates
    • The Lloyd's Market
    • Other Industries
    • Agriculture
    • Construction
    • Entertainment and Events
    • Finance
    • Healthcare
    • Hospitality
    • Manufacturing
    • Marine
    • Mining
    • Power and Energy
    • Public Sector
    • Real Estate
    • Retail and Wholesale
    • Transportation
  • Innovation
    • Crawford Technologies
    • Asservio
    • On-Demand Estimatics
    • WeGoLook
    • YouGoLook
    • 3D Property Scan
    • Digital Desk
    • Digital Assist
    • TruLook
    • Recall 360
    • Escape of Water
  • Expertise
  • About
    • Our Story
    • Our Locations
    • Leadership
    • Global Citizenship
    • Careers
    • Press
    • Blog
    • Contact us
  • Resources
  • More from Crawford
  • Investors
  • Careers
  • Blog
  • Subscribe
  • Login
    • CMS Portal
    • CAT Adjuster Portal
    • VTECH
    • XactAnalysis
  • Submit a Claim
    • US Claim Submission Portal
    • Text "Claim" to 877-531-4803
  • 24/7 Hotlines
    • ClaimsAlert Hotline
    • 877-346-0300
    • Transportation Claims Hotline
    • 866-420-1689
    • Submit a Claim
    • US Claim Submission Portal
    • Text "Claim" to 877-531-4803
  • Search for Expertise

Interested in learning more?
Get a free consultation with one of our experts.

Complete this form and we’ll get back to you at the contact details provided.