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#1 Posted : 09 December 2004 15:59:00(UTC)
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Posted By mark boath
Could somebody explain the definition of a work related injury.
My interpretation is that if somebody suffers a personal injury whilst at work, then this is a work related injury which must be recorded in the accident book.
If this is not so, who can make the decision as to what is or isn't a work related injury.
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#2 Posted : 09 December 2004 16:15:00(UTC)
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Posted By J Knight
Hi Mark,

There is some case law about what constitutes being at work or not; could you amplify your question a bit, as I take it there's a real dilemma at the back of your inquiry,

Johhn
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#3 Posted : 09 December 2004 16:34:00(UTC)
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Posted By mark boath
Thanks for the response,I will expand.
An employee suffers a personal injury whilst completing their normal work duties, would this defined as a work related injury or not,
if not what would this be defined as.
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#4 Posted : 09 December 2004 16:41:00(UTC)
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Posted By Jason McQueen
Still a bit vague on what actually happened but as a guide I would say you're correct. If it happened at their place of work and within their working hours, then it would be classed as a work related injury. Even if the accident occured away from their normal role, for example walking around the site.
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#5 Posted : 09 December 2004 16:43:00(UTC)
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Posted By Kevin Walker
Assuming you are not winding this up, and assuming that the personal injury is something such as a heart attack or stroke that is not related to work, and that the work place is not responsible for.

Right so far
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#6 Posted : 09 December 2004 16:49:00(UTC)
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Posted By Jason McQueen
If it was a heart attack or such like, lets hope it wasnt as a result of work related stress! ;)
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#7 Posted : 09 December 2004 16:53:00(UTC)
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Posted By mark boath
I hope this will be of more information.
An employee was using a shovel to move a spillage of product. Whilst attempting to lift the product with the shovel the employee suffered personal injury to himself resulting in time off work.
Would this be defined as a work related injury.
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#8 Posted : 09 December 2004 16:56:00(UTC)
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Posted By Jason McQueen
In my humble opinion, yes. Your accident investigation should then identify the causation of the accident. Was the guy physically unsuited to the work?, Poor handling techniques?, Poor working practices etc. Or, as often the case, a combination of factors.
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#9 Posted : 09 December 2004 17:16:00(UTC)
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Posted By Jason McQueen
I think the only grey area would be if he had actualy suffered a heart attack or other similar affliction which could have occured at anytime, in work or out of it.

There I could see the reason for the dilema. Do you accept it as work related due to the fact that the task you had him doing may have brought on the attack. Or do you refuse it on the grounds that the heart attack my have been as a result of factors beyond the control of the company (e.g. poor personal health, family medical history etc).
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#10 Posted : 09 December 2004 17:40:00(UTC)
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Posted By Brett Rolls
Irrespective of a medical condition or illness the incident seems to have occured to an en employee during working hours, if the accident or incident investigation procedure was adequate all the factors should have been explored or either eliminated.
The resultant should have answered your initial question.
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#11 Posted : 09 December 2004 19:48:00(UTC)
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Posted By mark boath
Thanks to everybody who has responded to the thread
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