Early Liability
Assessment
An independent, early view of the safety issues in a workplace injury or public liability claim. Understand where the safety evidence points, what needs to be secured and whether a full expert report is justified, before legal costs build.
Why Assess the Safety Issues Early
Decisions made in the first weeks of a claim, such as reserving, whether to investigate and whether to approach other parties, depend on a view of liability that is often formed without safety expertise.
Karim Ali provides that view early. He looks at the incident, the hazard, what the insured knew, the precautions that were available and whether they would probably have prevented the injury, then gives a reasoned assessment of the strengths and weaknesses on each safety issue.
An early assessment also identifies the evidence that should be collected now, before it is lost or overwritten: CCTV, inspection records, maintenance logs, contractor documents and witness details.
If the claim proceeds, the assessment can be developed into a formal expert report under the applicable code of conduct. Karim reasons the same way at both stages, so there is no change of approach to explain later.
Claims Where an Early View Helps
- Serious workplace injuries where a host employer, principal contractor or other third party may share responsibility
- Public liability claims involving slips, trips, falls, stairs or lighting
- Claims where the insured's safety systems or records are in doubt
- Incidents involving contractors, labour hire or shared workplaces
- Claims running alongside a WHS regulator investigation
- Large or complex claims before reserves are set or reviewed
- Matters where recovery or contribution from another party is being considered
The Assessment Process
The assessment is scaled to the claim. A desktop review is often enough, and a site visit is recommended where the hazard can still be examined.
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Brief
Claim notification, incident report, photographs, statements and the insured's safety documents.
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Evidence Gaps
An early list of evidence to secure before it is lost, ranked by importance.
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Hazard and Duty Holders
Identifying the hazard, who controlled it, and the WHS or occupier duties likely to be relevant to each party.
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Precautions and Causation
What precautions were reasonably available and whether they would probably have prevented the injury.
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Assessment
A short written assessment of each safety issue, the evidence it depends on and what could change the view.
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Next Steps
Recommendations on further investigation, expert evidence and third-party recovery, and a formal report if the claim proceeds.
The Early Liability Assessment
A concise document written for claims managers and solicitors rather than a long technical report.
What happened, as far as the documents show, and where the accounts conflict.
The safety questions likely to decide liability and Karim's view on each on the current evidence. Legal conclusions remain with your lawyers.
Whether contractors, host employers, occupiers, designers or suppliers had duties in relation to the hazard. See contractor WHS system reviews.
The documents and other evidence to obtain now, ranked by importance.
Whether a WHS regulator investigation is under way or likely, and the evidence it may produce.
Whether the issues justify a full expert report, further investigation or early resolution, with the reasons.
Employer, Host and Principal Contractor Claims
In workplace injury claims, liability often turns on how the employer, a host or labour hire business and the principal contractor or occupier shared control of the work. Under the WHS laws, more than one person conducting a business or undertaking can owe duties for the same hazard.
The assessment sets out who controlled the work and the hazard, what each party knew and what each could reasonably have done.
- Labour hire and host employer arrangements
- Principal contractor and subcontractor duties on construction sites
- Shared workplaces with several duty holders
- Plant, machinery and forklift incidents
- Manual handling and work design
Occupier and Operator Claims
In public liability claims, the questions are what the occupier knew about the hazard, what system it had to find and fix hazards and whether reasonable precautions would probably have prevented the injury.
An early inspection often makes the difference, because premises are repaired, cleaned or changed soon after an incident.
- Slips, trips and falls
- Stairs, ramps and walkways
- Lighting in car parks, walkways and entries
- Cleaning and inspection systems
- Public liability expert witness
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Is this a full expert report?
No. It is a shorter, earlier assessment designed to support claims decisions. If the claim proceeds, Karim can prepare a full report that complies with the applicable expert code of conduct.
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Can you act for insurers and claimants?
Yes. Karim acts for insurers, defendants and plaintiffs, subject to a conflict check. He cannot act for both sides in the same matter.
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Do you need to visit the site?
Not always. Many assessments can be done from documents and photographs. A site visit is recommended where the hazard is still in place or the physical conditions are disputed.
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How are fees set?
Fees are agreed before work starts, based on the volume of documents and whether an inspection is needed. See fees and engagement or contact Karim for an estimate.
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Can you help with recovery against another party?
Karim can identify which other parties had duties in relation to the hazard and what they could have done. Whether to pursue recovery or contribution is a decision for the insurer and its lawyers.
Get an Early View on the Safety Issues
Send Karim the claim documents to discuss scope, timing and an estimate.