Posted By Heather Aston Michael Proceedings for damages have nothing to do with whether you should ask him for a certificate. If he has not been absent from work and appears to have no problem doing his normal work (you should ask him to be sure) then there's no reason to check his fitness to do the job. Record any conversation you have with him about his current fitness in writing and put it in his personnel file - it may be useful evidence in the claim. If the employee is struggling to do his normal job then you should either tell him to return to his GP or if you have access to an OH servcie (I assume not from your question?) get them to check out his fitness for work. Often an employee will continue to work when he should not because he will not get full pay when absent - is this the case here? If so you have an even greater responsibility to be aware of any problems, because it's certainly forseeable that this will happen. Hope this helps Heather

Posted By Stephen Boardman Just to cover yourselves, ensure the incident has been thoroughly investigated, and records of the investigation kept. also ensure that any recommendations from the incident have been actioned to prevent re-occurrence. Unfortunately in this day and age you must prepare for the worst case. interview the person injured and any witnesses and ensure everthing is recorded.