Claims Resolution Frequently Asked Questions
Here are answers to a range of common questions from State Authorities about claims resolution and our claims resolution service. These frequently asked questions are reviewed and updated regularly.
A personal injury or third-party property damage claim is usually submitted directly to the State Claims Agency, but in some instances you may receive the notice of claim.
If you receive notification of a claim in relation to incidents covered under the General Indemnity Scheme or Clinical Indemnity Scheme, it is important to get in touch with us as early as possible. This will give us the best possible opportunity to review and assess the claim from a liability perspective and deal with it as quickly as possible. You should follow our claims notification procedure where you receive notice of a claim.
Upon notification of either a General Indemnity Scheme or Clinical Indemnity Scheme claim, a unique NIMS reference number will be allocated to the claim and a designated claims manager/assistant from either the General Claims Unit or Clinical Claims Unit will be assigned to resolve the claim on behalf of your State Authority. The relevant claims manager will get in touch with you to commence an investigation of the claim and will be responsible for dealing with the claim on your behalf through to resolution.
Yes. We will liaise with your nominated representative to resolve the claim on your behalf. Your nominated representative should be in a position to assist us, as requested, with our investigation of the claim. This may include locating and providing records, arranging meetings, making witnesses available for interview, providing access to any property that is the subject of a claim, providing copies of any internal/external investigations that may have been carried out in relation to the incident/claim, or the provision of earnings-related information, where required/relevant.
Your State Authority will remain the legal defendant in the claim and the State Claims Agency will be solely responsible for resolving the claim on your behalf. Under section 11 of the NTMA (Amendment) Act 2000, as amended, State Authorities must furnish all necessary and requested information and documentation to the State Claims Agency in a timely manner, and permit and assist us to investigate incidents on their behalf.
Your role/involvement will include, but not be limited to, locating and providing records, arranging meetings, making witnesses available for interview, providing access to any property that is the subject of a claim, providing copies of any internal/external investigations that may have been carried out in relation to the incident/claim, and the provision of earnings-related information, where required/relevant.
It is best practice to retain a forwarding address, and future contact details, for all health and social care practitioners who are leaving, or have left, your health and social care service. This will be important should you need to make contact in the future in relation to a claim.
Inform your health and social care service’s clinical claims unit or your claims co-ordinator/clinical risk manager, whichever is available to you, of the notification as soon as possible. If none is available, you can contact the State Claims Agency directly via our contact form or at firstname.lastname@example.org.
All assistance that is required by the coroner should be provided to the coroner.
This depends on the extent of your involvement in the treatment and care of a deceased service user/patient. The coroner will decide who is to be called to give evidence before the inquest. Sometimes, the coroner will be satisfied to read a prepared deposition (statement) into the record without calling a witness. On other occasions, the coroner will require attendance from the health and social care practitioner to read their deposition into the evidence and answer questions at the inquest.