Friday, October 8

Compensation or fraud

The compensation culture is often berated in the media. Hospitals, schools, local authorities etc, are all said to be under attack from greedy claimants making unmeritorious claims, aided and abetted by the ‘ambulance chasers’, the ‘no win, no fee’ claims companies and solicitors, who take a large cut from the compensation. Cash paid to claimants is cash deducted from the delivery of services for all. Further resources are wasted in defending the claims, which also diverts the attention of the organisation away from its core business.

I do not have statistics to show how widespread the problem is and the extent of the financial burden it is placing on the public sector. Certainly the impression is that the problem is quite serious. This impression is leading to defensive service delivery. Many schools are reluctant to take pupils on school trips and hospitals may not consider all the medial options. A school recently banned conkers.

Genuine, if unmeritorious, claims are one thing. There is also anecdotal evidence to suggest that many claims are downright fraudulent. People tripping up at home and then finding the nearest pothole to sue the council; exaggerated car accident claims, including for passengers who were not with the driver at the time of the incident.

The issue of how this abuse should be tackled is complex. Any tightening of the rules could, potentially, restrict access to justice for genuine cases. Equal access to justice is a basic tenet of a free and democratic society.

No comments: