Department of Law, VU University, Amsterdam, The Netherlands; Department of Clinical Psychology, VU University, Amsterdam, The Netherlands; EMGO(+), VU Medical Centre, Amsterdam, The Netherlands; Amsterdam Interdisciplinary Centre of Law and Health (IGER), The Netherlands.
Injury. 2013 Nov;44(11):1431-6. doi: 10.1016/j.injury.2012.08.034. Epub 2012 Sep 10.
There is considerable evidence that being involved in compensation processes has a negative impact on claimants' health. Previous studies suggested that this negative effect is caused by a stressful compensation process: claimants suffered from a lack of communication, a lack of information, and feelings of distrust. However, these rather qualitative findings have not been quantitatively investigated yet. This observational study aimed to fill this gap of knowledge, investigating the claimants' perceived fairness of the compensation process, the provided information, and the interaction with lawyers and insurance companies, in relation to the claimants' quality of life.
Participants were individuals injured in traffic accidents, older than 18 years, who were involved in a compensation process in the Netherlands. They were recruited by three claims settlement offices. Outcome measures were procedural, interactional, and informational justice, and quality of life.
Participants (n=176) perceived the interaction with lawyers to be fairer than the interaction with insurance companies (p<.001). The length of hospital stay was positively associated with procedural justice (β=.31, p<.001). Having trunk/back injury was negatively related to procedural justice (β=-.25, p=.001). Whiplash injury and length of time involved in the claim process were not associated with any of the justice scales. Finally, procedural justice was found to be positively correlated with quality of life (rs=.22, p=.004).
The finding that the interaction with insurance companies was considered less fair than the interaction with lawyers may imply that insurers could improve their interaction with claimants, e.g. by communicating more directly. The result that claimants with mild injuries and with trunk/back injuries considered the compensation process to be less fair than those with respectively severe injuries and injuries to other body parts suggests that especially the former two require an attentive treatment. Finally, the fact that procedural justice was positively correlated with quality of life could implicate that it is possible to improve claimants' health in compensation processes by enhancing procedural justice, e.g. by increasing the ability for claimants to express their views and feelings and by involving claimants in the decision-making process.
有大量证据表明,参与赔偿过程对索赔人的健康有负面影响。先前的研究表明,这种负面影响是由有压力的赔偿过程引起的:索赔人遭受沟通不畅、信息缺乏和不信任感的困扰。然而,这些相当定性的发现尚未得到定量研究。本观察性研究旨在填补这一知识空白,调查索赔人对赔偿过程的公正性、所提供的信息以及与律师和保险公司的互动与生活质量的关系。
参与者为在荷兰参与赔偿过程的年龄在 18 岁以上的交通事故受伤者。他们是由三个理赔办公室招募的。结果测量是程序、互动和信息公正以及生活质量。
参与者(n=176)认为与律师的互动比与保险公司的互动更公平(p<.001)。住院时间与程序公正呈正相关(β=.31,p<.001)。躯干/背部受伤与程序公正呈负相关(β=-.25,p=.001)。挥鞭伤和参与索赔过程的时间长短与任何司法尺度都没有关联。最后,程序公正与生活质量呈正相关(rs=.22,p=.004)。
与律师的互动被认为比与保险公司的互动更不公平,这一发现可能意味着保险公司可以改善与索赔人的互动,例如通过更直接的沟通。受伤程度较轻和躯干/背部受伤的索赔人认为赔偿过程不如严重受伤和其他身体部位受伤的索赔人公平的结果表明,尤其是前两类索赔人需要得到特别关注。最后,程序公正与生活质量呈正相关这一事实可能意味着,通过增强程序公正,例如增加索赔人表达意见和感受的能力并让索赔人参与决策过程,有可能改善赔偿过程中索赔人的健康。