Chubb warns new fit note will not create “duty of care”
The insurer said the new Government scheme could potentially raise some questions with regards to employer’s insurance liability in the event of a claim from an employee.
Robert Tailby, loss control specialist at Chubb Insurance Europe, explained that to make an employer’s liability claim against their employer, an employee has to prove the employer has been negligent.
In the case of the fit note, he pointed out a claim might arise if the employer failed to take sufficient account of the information on the fit note when bringing the worker back into the workplace and the person suffered harm as a result.
“However, following a good practice approach to managing absence and return to work should be sufficient to ensure that no additional harm is caused to the employee from being at work and hence that no grounds arise on which a personal injury claim could be made.
“In other words, the fit note does not create any new ‘duty of care’, but it does highlight the need for employers to ensure that all instances of actual or potential absence and return to work after sickness are properly managed,” he added.
Source: @ www.insurancetimes.co.uk
