Can I make a claim against an employee who falsely makes a personal injury claim?

[Bingbongsong]

An employee has tried to make a bogus personal liability claim against my business. There were several un truths in the initial statement, which came to us via a generic letter from one of these no win no fee internet solicitors.

Following our reply and proof of dishonesty, we have heard no more from the faceless legal firm.

My question is, can we now pursue this employee for our costs? Which in the main will be the increase in insurance premium for the next 3 years while this potential claim sits on our policy.

Many thanks.

[echat11]

I don't think you can, simply because there could be other factors that lead to an increase in your company's insurance premium which could be totally unrelated to your employees claim against your business.

No doubt other members will comment.

[Bingbongsong]

Thank you ECHAT11, but it’s actually very cut and dry, as each potential claim, once triggered, is allocated an amount that sits on our policy for 3 years.

So if X stubs her toe and starts to make a claim the insurance company will allocate say £10k, a cut hand might be £60k, while a break could be £150k. There is then a formula that they use to increase the premium based on whatever potential claims sit on our books at any one time.

A counter claim would work two fold for us. Firstly in recouping some monies, but more importantly in sending a message through the business that we are not an easy target, and that any false claims will be fought.

[Manxman]

Why don't you ask your insurers to produce a statement detailing what this withdrawn claim will cost you in increased premiums? And then just go through small claims like any other small claim. You either win or lose. (But what happens if your employee's "bogus" claim is withdrawn, for example? Isn't the premium increase refunded to you?)

If you want to "send out a message", why don't you just ask your solicitors and get a more reliable answer than asking mostly unqualified posters on this forum? Surely it would be good value for money?