Posted By Roger Read As I am in consultancy, I have dealth with several such situations in the recent months; largely this type of situation is a result of no-win, no fee, advertising, but it may be genuine. Firstly, you have given no indication of whether he has a duty to report the accident to anyone - what makes you think he should have entered it in the accident book to begin with ie where in his training or contract of employment is it stated? If there is not a procedure in place it would be difficult to demand it. If you are right and the person is pulling a fast one, any competent lawyer will ask this question. Secondly there is not a limit on investigation, since some illnesses only occur stochastically others stochastically. Sometimes it is not possible for a variety of reasons to investigate quickly such as holidays etc. so asap rules in such cases, but the more you can cover such situtations, the better chance you have of making it hard for 'false' claims for compensation. Feel free to make a big deal of this investigation - I carried out a robust investigation recently and frightened away a claimant that the company knew was looking for compensation. The person's report in the accident book illustrated environmental conditions, times, distances, and lack of controls leading to the accident and clearly, a lawyer had given advice whilst the person was off sick for a few days. It was filled in when the person returned in a most damaging and company-damning manner. The truth was that they had to step over warning tapes to retrieve something in a hurry to go home and ignored warning shouts. In this case I would be careful to get things right - don't assume that your belief in his faking an accident can get you off the hook for an accident claim and check out his employment terms for sick pay accordingly. Angry though it makes you on a personal level in such a situation, it will not help you to take it personaly. If it went further, any action you take may antagonise the situation when it did appear at a claim court, such as 'depriving' the 'poorly' chap of sick pay; when you add the opposing lawyers claims of poor accident procedure and poor investigation procedure to the case and if you haven't covered the situation with a perfect risk assessment, things become difficult. There is a lot to be learned from this situation and others may be encouraged to claim in the future if you don't shore up the system this time.

Posted By Robert K Lewis Just as an aside - Sciatica is an inflammation arising from pressure on the sciatic nerve normally arising from a prolapsed disc. Such an injury is either long standing and so not likely to be linked to a claimed accident or alternatively the injured claimant would have been in severe and noticeable acute pain from a slipped (prolapsed) disc at the time of the claimed injury and so could not have worked for 4 weeks before sickness absence. I would consult with your insurers on this one. The reporting issue is sensitive and I would be inclined to take your insurers advice, who will probably say not to pay unless it will avoid a claim. The claim for damages will be difficult to resist if your records are not in good order and can demonstrate the unlikelihood of the claimed event. Do you have your own or a contracted doctor available for advice? Bob

Posted By Mark Talbot I must have been writing as Bob replied ... if the 'injury' is not work-related, than there is nothing to report anyhow, but I would report 'just in case' unless advised contrary by a Doctor.