Guild Insurance sees many insurance claims which have come about due to poor maintenance of a property.  In too many of these cases, the poor state of the building or its grounds is obvious and it’s quite surprising, as well as disappointing, that repairs haven’t been carried out before an incident has occurred.

What can go wrong?

There are a range of incidents which can occur due to poor maintenance of a property.  Staff can be injured leading to a worker’s compensation claim as well as staff being absent from work for an extended period.  Visitors to the premises, such as customers, clients or contractors, can also suffer injuries leading to public liability claims.  As well as the insurance claims which need to be managed, there’s the added stress of knowing that someone has been injured while at your premises.  Some of these injuries can be very serious and life changing.  Unfortunately, the hazards which lead to these injuries are often not viewed as seriously as they should be.  Yet with appropriate property maintenance many of these injuries could be avoided.

Case 1

A client entered a building and tripped over an edge of carpet which was ripped and curled up.  The client sustained a fractured wrist when they landed.

Case 2

An awning out the front of a building was old and worn out.  During heavy winds it broke off from the building and hit a person walking past at the time.

Case 3

While walking through the carpark of a premises, a staff member has tripped on a large crack in the asphalt which had caused the surface to be uneven.  They fractured their ankle as they fell.

Case 4

Poor maintenance doesn’t just lead to people suffering injuries, it can also lead to further damage to the property.  An old deteriorating roof collapsed when hit by heavy rain as it no longer had the strength to support the weight of this rainfall.  This led to excessive water damage within the building.

Property maintenance tips

• Have a documented maintenance program in place. This requires a schedule for regularly checking the property to identify hazards as well as details on what needs to be serviced, repaired or replaced and when.
• Be aware of the out-of-sight, out-of-mind hazards. Many properties have roofs, guttering and downpipes in poor condition due to a lack of maintenance as no one has thought to get up on the roof and inspect it. Include the less obvious hazards in the maintenance program.
• Have a maintenance budget. Some maintenance work can be planned, other work will come up unexpectedly when something breaks down. You need to be able to find money to fix hazards when identified.
• Be sure to use qualified tradespeople to undertaken maintenance work. While it can be tempting to undertake some DIY and save money, the risk of things not being maintained or repaired correctly will not be worth the savings in the long term.
• If you’re a tenant, be aware of what you’re responsible for maintaining and what’s the responsibility of the landlord. Not all tenancy agreements are the same, so you need to be across the details of your agreement.
• Don’t wait to undertake maintenance till a more convenient time. There are many cases of injuries occurring due to hazards which had been identified but not yet acted upon, usually due to costs, time or not acknowledging the risk of the hazard.
• All staff have a responsibility to create and maintain a safe workspace. Some hazards will be identified through regular property inspections, however, you can’t rely solely on these inspections. Therefore, encourage all staff to continually be on the lookout for hazards and to speak up when they see something.
• Don’t think it won’t happen to you and your property. These incidents are a lot more common that many people realise.

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Receiving a complaint is an unexpected part of running any business. No business is immune from receiving a complaint, regardless of how successful it is or how customer focused staff are. There can be a tendency to see a complaint as a personal criticism rather than constructive feedback. However, there can be positive outcomes when the situation is managed appropriately.

Why do people complain?

 There are many reasons why clients might complain about your practice and the service they’ve received. Sometimes a complaint will almost be expected following an incident; sometimes it will take you by complete surprise. Understanding why people might complain can assist with managing a complaint if it occurs and potentially reducing the likelihood of further complaints.

The following are some of the reasons why people may feel the need to complain.

 High expectations – consumer expectations are increasingly high when engaging professional services. Your

clients pay for your service and will see you as a highly trained and qualified health professional. This view can influence their expectations about the service and outcomes they anticipate.

Unrealistic expectations – it’s possible that clients may have unrealistic expectations about what they can reasonably expect from the services you provide. Their high expectations may at times surprise you. It’s therefore important to remember that most clients will not have the clinical knowledge you do and what’s obvious or common sense to you may not be to them. A dietitian must assist clients to be clear and fully informed about the services being provided and the outcomes they can realistically expect. This requires ongoing discussions with clients and, where possible, written information to assist their understanding.

To inform and be heard – clients may wish to make a complaint about an incident or poor outcome so they’re sure you and your staff are aware of what’s occurred and how they feel. They may wish to complain just to be listened to and acknowledged, especially if they’ve been adversely impacted. Not all complaints will lead to a formal demand for compensation.

Belief that someone is responsible – when something goes wrong, we often try to determine who’s responsible. Sometimes someone is obviously responsible, sometimes it’s hard to determine who’s responsible and other times there’s no one person responsible but just an unfortunate set of circumstances. However, if a client thought something had gone wrong and this led to them being harmed, it’s quite possible they may complain with the intention of holding someone responsible and possibly liable.

The importance of managing complaints

There may sometimes be a temptation to ignore a complaint and hope it’ll just go away. Maybe the client won’t follow up. Maybe the incident won’t occur again. This isn’t an advisable way to run any business as there are clear benefits to appropriately managing complaints. Clients will generally expect to see their complaint dealt with quickly and fairly. When this doesn’t happen it’s possible that further complaints will follow, and the issue or concern could become a much greater one. Complaints may also escalate to a regulatory body.

Managing complaints should be seen as good ‘customer service’. You rely on clients to keep your business afloat. When clients are unhappy with a service they’ve received, they can talk with their feet by not returning to the practice. Keeping clients happy and satisfied is more likely to see them continue to utilise your service and recommend your practice to others. Complaints can provide a practice with an opportunity to review and improve their service. Receiving a complaint may highlight an issue which the practice had not been aware of. When investigating and dealing with the complaint, the practice may wish to consider a change in procedure or process to avoid that issue arising again in the future.

How to manage complaints

It’s advisable that every practice has a complaints policy. This means that the practice will have an agreed-to process for dealing with a complaint which allows for all complaints to be managed in a fair and consistent manner. It also means staff know what to do which is important as managing complaints can be quite challenging.

A key aspect in dealing with any complaint is listening to the person. Where possible, make time to sit down in a quiet space and give them time to express their concerns. Make the effort to hear what they have to say and take on board what they’ve told you. You may not agree with all they’re saying, however it helps if you can try to understand the situation from their perspective. You may wish to ask them to document their concerns so you both have an accurate record of the matter. Avoid being defensive or taking the complaint personally as this may inflame the situation.

With low level complaints you may be able to offer a solution there and then. However, this won’t always be the case. With more serious complaints you should provide the person with an assurance that you’ll investigate the matter and get back to them later with a response.

Guild Insurance expects those insured with us to not admit liability (or name someone else as being at fault), or to offer any compensation without contacting us first. Contact Guild Insurance on 1800 810 213 as soon as you’ve received a complaint; don’t wait till it escalates to a claim for compensation. We’ll provide advice and support to assist you to deal appropriately and professionally with what can be a challenging and possibly upsetting situation. Utilising this support can be the difference between sorting a problem quickly and it escalating to a serious claim.

Download the pdf here.