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#1 Posted : 13 April 2006 14:42:00(UTC)
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Posted By paul debney A line manager has just escorted a agency worker off our premise for misconduct. The agency worker has then come back 30mins later wanting to fill in an accident report form for a cut on his finger. (A claim is forthcoming I thinks). Should the agency worker fill in a accident report held by his employer (The agency) as well as the one we have filed?
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#2 Posted : 13 April 2006 15:06:00(UTC)
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Posted By Charley Farley-Trelawney Where did the so called accident take place?
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#3 Posted : 13 April 2006 15:54:00(UTC)
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Posted By paul debney In our warehouse area, opening a box with a knife.
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#4 Posted : 13 April 2006 16:27:00(UTC)
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Posted By warderic Paul,regarding agency workers it is alays good policy to get them to put accidents in the book where necessary. I agree that technically they dont wotk for you directly. However they are working on your premises and even contractors should complete your accident book. With regard to this particular case. My opinion is that the temp should have completed the accident book entry when the acident happened. To allow him/her to completed the accident book after they have been escorted off the premises would be to invite a problem. His solicitors would see it as an admission on your part.
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#5 Posted : 13 April 2006 16:33:00(UTC)
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Posted By Sally Perhaps rather than letting him complete the accident book you should just ask him to put the details of the alleged incident in a letter to you. That way it is on file without the potential of being seen to admit anything.
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#6 Posted : 13 April 2006 16:39:00(UTC)
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Posted By Lorraine Shuker Does allowing somwone to write an accident in the accident book admit liability?
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#7 Posted : 13 April 2006 16:59:00(UTC)
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Posted By Sean Fraser Writing an incident into an Accident Book is the first step in an investigation - writing a false entry is obviously wrong but not inconceivable, if it is malevolently orientated. But how can it be an admission of guilt? They claimed it occured on your premises, you have to take them at their word at least initially. Once recorded, you look for witnesses to corroborate and you examine the wound to determine extent of injury and what treatment has been applied. If there are no witnesses, no-one was informed, no first aid equipment was used (even for self-treating), then it still comes down to their word. If you have safety knives in use, then the claim may be false. If you don't, then you can use the report as evidence that you need to introduce safer equipment. How can you lose? And what is the going rate for a wee cut finger these days, in compensation? A pound - three? Come on - a lawyer is going to waste time with this???? If it was severed, then that is something else . . . Write it in, inspect the wound, note if they had witnesses or reported it at the time, check what they were informed to do in event of injury during their induction, check the knives, check your first aid kit availability and contents, record your findings and any actions, job done. If they are daft enough to sue, then let them. Your records are bang on and they will drop it immediately. Don't record it and the only people who are losing out are your own staff who may be at risk of cutting themselves in future because of action you haven't taken now. Sorry if this sounds confrontational, it is not meant to be.
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#8 Posted : 18 April 2006 08:24:00(UTC)
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Posted By Jan Moore Not wishing to sound sceptical!!! what time did the alleged accident occur? I am assuming the manager escorting the 'victim' from site saw blood and offered the guy a plaster? This clearly appears to be a 'getting one's own back' situation. It would be well to record the accident, note there were no witnesses (if there weren't any) and have the manager add a detailed report stating the reasons why the person was escorted from site and whether any injuries were reported or noticed at that time. Regards Jan
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