Specialist management liability policy, Rural Protect, plays its part
Even when the right checks are in place, it only takes one missed step for a routine job to become a serious incident.
As part of our Better Sorted Than Sorry campaign, we revisit a claim one of our farming clients had where specialist management liability policy – Rural Protect – stepped in to help defend the business’s directors when an employee suffered a serious injury. The client was undertaking repairs to their grain elevator and assigned the task to an employee who was a qualified fitter and who had been working with them for several years.
Before carrying out the repair, the business conducted a proper risk assessment of the procedure. Despite having a number of JCB Loadalls, a man basket, and ensuring that all equipment was in good condition, the risk assessment report concluded that a cherry-picker would be the safest option to perform the task.
The cherry-picker that was hired had dual controls, which allowed both the operator in the basket and someone on the ground to control the machine. When commencing the repair, the operator fell out of the basket, leading to him severely fracturing his back and being rushed to A&E. The accident ultimately occurred because the operator hadn’t put on the safety harness.
Thankfully, the client informed us of the incident straight away, which meant we could report it to the insurer and get them the support they needed. This enabled law firm, rradar, who work under the Rural Protect policy, to have someone at the business premises before the Health & Safety Executive (HSE) team visited (48 hours after the incident).While the business had three directors, all of whom could have been prosecuted, only one of them was involved in the case that the HSE took forward to court. This was a result of rradar being able to provide legal advice quickly and the business being cooperative with their advice. The costs for this claim were high as it included the HSE’s Fee For Intervention (FFI) which was around £6,000, court costs and rradar’s legal fees; all of which were covered and paid for by the client’s Rural Protect policy.
Even though the case went to court, it ended favourably for our client who was very grateful for the advice and support provided by rradar and the Rural Protect policy in general, which helped to alleviate a lot of their worries. By carrying out risk assessments upfront to mitigate the risk to their employees and the business, and by having adequate insurance in place, the business was in a strong position to be able to defend and protect itself.
Better Sorted Than Sorry
While the client conducted thorough checks beforehand, this case highlights just how quickly things can go wrong and how vital it is that everyone involved is vigilant about their safety.
The harness not being worn was one small moment in a much bigger process but it changed everything. This is a reminder that risk management isn’t just about ticking boxes; this case reinforces the importance of:
- Carrying out proper risk assessments
- Having clear safety procedures
- Ensuring employees follow agreed processes
- Having the right legal protection in place
Even when you do things properly, things can still go wrong. For further information and support, we have created a guide covering some of the simple steps that can help prevent accidents and protect both your people and your business – Farm Safety Tips.
If you’d like to know more about Rural Protect or to obtain a no-obligation quotation, you can contact our Farm Team on 01653 609152 or by emailing farm@mcclarroninsurance.com.
