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Posted By Shane Johnston
An employee had an accident almost two years ago. He reported the accident at the time, but not the fact that he had fractured a rib. He did not take time off and was able to undertake his normal duties. He is now making a claim against us, which we will process as normal ... my question is do we need to complete a RIDDOR, as we have now been made aware of the fracture, even though the accident was two years ago ?
I suspect we do.
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Posted By J Knight
Hi Shane,
I too suspect you probably do; though I'm not entirely sure what purpose will be served as all the ministerial number crunching for the year in question has already been done. Ours not to reason why...
John
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Posted By Ron Young
Check with the HSE info line tel; 0870 1545500 for guidance
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Posted By J Knight
Ron is quite right, HSE will be the final arbiter of this, but as an analogy, we had an employee fall off a garden swing (Care Home Garden, she was at work), hurting her knee. She didn't take any time off though reported the incident using the appropriate procedures. Some 18 months later she had to have an operation and needed time off for this. There was a very clear connection between the incident and the operation, and this was reportable despite the lag. This isn't quite the same as not knowing about the extent of an injury because the information was withheld, but it is analogous,
John
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Posted By Jason Touraine
Re your response, John, I wonder whether the hospitalisation 18 months after the accident was actually reportable (though I have no evidence that it is not the case). It does seem odd, though, that if the person had died 18 months after the accident it would not have been reportable.
(I think its the courts rather than the HSE which is the final arbiter!)
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Posted By J Knight
Hi Jason,
It's true that a death has to occur within twelve months to be reportable, but the time off can be any time after the event provided there is a clear link. Reporting death is actually subject to time limitation in Reg 4, the other reportable occurrences are not limited by this regulation. And yes, it's also true that the courts are the final final arbiter, but if you do what HSE tell you they probably won't take you to court,
John
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