IBEC has proposed a 14point plan to tackle what it describes as the spiralling cost of claims and insurance. The employers' body proposals were made following a survey of more than 500 companies employing some 85,000 people, representing 5 per cent of the workforce.

The survey found that half of the companies had had claims in the five years to 1999. The average cost of personal injury claims was £38,431. The average legal costs were 44 per cent of awards granted.

The cost of premium renewals for 2001 among a sample of companies has risen on average by 40 per cent, according to IBEC. This was despite a fall in accident and claims rates in 1999 and 2000, according to the survey.

Last Tuesday, IBEC called for people who make "spurious or exaggerated" personal injury claims to "have to pay compensation to those against whom they take such bogus cases".

The confederation believes there is little disincentive for unjustified claims given that "the very most such claimants would generally have to pay is their own costs". Even this risk is removed given the "no foal, no fee" basis upon which some solicitors do business, it says.

The confederation wants a ban on solicitors advertising personal injury claims. "We must cease the current volume, tone and tenor of advertising by a minority of solicitors in Ireland, which brings the profession into disrepute and which is not in the interest of the social good."

It wants a less costly system for dealing with compensation for genuine personal injury claims deserving of compensation. "There should be measures which would generally not require going through the courts. This would help considerably to reduce the significant overhead costs currently associated with settling claims," it says.

IBEC is calling for a "book of quantum" or guidance on amount of damages for personal injury. The courts or the proposed compensation board would operate the book of quantum. Such a book of quantum could also facilitate direct settlement between parties to a claim.

IBEC wants the active cultivation of a safety culture in enterprises, involving the commitment of employers and the co-operation of employees.

It wants a compensation board to be set up, an alternative structure to the courts, for dealing with claims so that, where claims are agreed, damages can be determined without the need for costly representation.

IBEC proposes that a panel of judges be selected and trained to deal with cases where liability is disputed. The panel would be "expected to deal consistently" with, for instance, contributory negligence by the plaintiff.

The State should provide support to the Workplace Safety Group Initiative code of practice, a voluntary system that provides a model for caring, supporting and facilitating the early return to work of injured workers, says IBEC.

There should be no need to wait up to three years to initiate a claim where an injury is known, it says. "In such cases the period within which a claim is made should be reduced to six months. In addition, the period for processing the claim should be tightened, e.g., three months for submission of full details."

All personal injury claims pursued through the courts should be supported by a written affidavit. "Any case made in bad faith, or where fraudulent evidence or misrepresentation arises, should automatically be disallowed." Moreover, claimants acting in bad faith should be deprived of their right to damages, says IBEC.

In claims involving loss of income, especially in public liability claims, "this should only be calculated against revenue which they have declared to the Revenue for tax purposes". To this end, IBEC wants claimants to present a certificate of income provided by Revenue and Social Insurance.

"Any person claiming disability or incapacity for work should be required to submit to a functional capacity evaluation," says the confederation.

Finally, solicitors taking a case should be required to put in place a bond, so that in successful cases recovery of costs would be assured to the defendants.

Managing safety in the pressurised work environment is the theme of the fifth annual Health and Safety Review conference, which takes place at Jurys Doyle Green Isle Hotel on May 24th. For details, telephone 01-4972711.

jmarms@irish-times.ie