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Posted By Martin Taylor
Heres another one to check out opinions on.
An employee has been suffering with a knee complaint for sometime - visibly hobbling at work. Apparently planning to visit own GP next day because of the condition. Works as an assembly op - on feet and walking - antifatigue matting provided.
On Monday night knee collapses whilst at work and op is taken to hospital - no apparent immediate work cause of the accident - walking at the assembly line.
Should we consider this a work related accident (and hence RIDDOR) ? Thoughts and opinions welcome please.
Martin
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Posted By Robin B
You dont say what the knee complaint was. We need more info.
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Posted By Dave Wilson
If he was at work and working inside the scope of his employment and the 3 day, visit to hosp etc applies then it is reportable.
Rermember this is not a 'blame' thing but a reportable incident.
Any subsequent investigation will get tpo the facts.
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Posted By Stuart Nagle
Martin.
Reportable accidents and incidents rely on their happening in the workplace as a result of or arising out of the employers undertaking.
You have not stated if this is the case or if the injury was as the result of activities outside the workplace?
If the knee injury was or the employee is claiming that it is work related then a hospital treatment or over 3 day injury absence should be treated as reportable....
If the injury is not as a result of or arising out of the employers undertaking it is not reportable....
Stuart
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Posted By Terry Reading
Martin
I would have to disagree with Dave. Unless the knee condition was a work caused condition - or the treatment he was taken to hospital for was sustained in the fall - then this is NOT reportable.
If you need to report because of the injury sustained when he fell then Dave is right, put in the circumstances and the HSE will just file it.
Look at it like this. If a person has a pre-existing condition, for example caused by a sporting accident or a medical condition, then this was not an accident caused at work and that is the aim of RIDDOR.
I was challenged by a collegue who tried to tell me that we had to make a report when someone had a heart attack sitting at their desk. To settle the point we rang the local HSE and they confirmed that I was right. If it is not a work related incident they are not interested and it falls outside of the scope of the Regulations. Hope this helps.
T
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Posted By Martin Taylor
sorry not to have painted the whole picture. In answer to your questions raised:-
1) the knee injury is to a cartilige and the original injury was not work related.
2) he has been carrying the injury at work for some time - noted to be hobbling some days
3) as a result of his work he stands and walks for the whole 8 hour shift (breaks excepted)
4) the hospital visit was as a result of his knee injury - no other injury was sustained as a result.
hope this helps clear some of the issues but I am still undecided - looking for more opinions to try and get a definitive answer
thanks again to all those who responded so far
Martin
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Posted By Stuart Nagle
Martin.
Thanks for defining the problems.
I do not think this is work related and therefore not reportable under RIDDOR.
I would suggest however that if the person was known to have an injury that has been agrivated by the employer failing to take into account his injury (he is required to stand all day to work) he may decide to make a claim against the employer and may have a case if the employer failed to take into account his injury and continued to make him stand for 8 hour shifts....
getting workers back to work rather than having them off sick is laudable, and this person should perhaps have been put on light duties (if possible) as part of his rehabilitation in the workplace rather than be stuck back on the production line for standing for 8 hours!!
You may want to investigate what options are available to help him recover in the workplace rather than have him off sick as home...
Regards....
Stuart
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Posted By Bill Fisher
Martin
I have to agree with Terry, this is not RIDDOR reportable.
That said an incident did occur in the workplace and you have diligently investigated it, including the seeking of these opinions.
I recomment that you do not fill in the F2508 and instead write to your local Inspector. Tell him about the incident, your investigation and findings. Finish with a clear statement that whilst acknowledging the incident your investigations satisfy you that it was not an incident determined in RIDDOR.
In simple terms you have notified HSE but not had the entry on RIDDOR.
Regards
Bill
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Posted By Bill Fisher
Stuart
Good point regarding "return to work". This as you know is high on the current agenda.
In fact if they speak with their Insurance Company they may well be supported.
Bill
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