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#1 Posted : 17 August 2006 21:12:00(UTC)
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Posted By STEVE
Employee (new -7days)reports that he had an accident the day previous (1hr before home time)but forgot to mention it before he went home.

Take him to Site nurse, who cannot see any external marks on injured area( right shoulder)but informs me he has limited movement and recommends he sees his GPas soon as possible, sent home, and ask him to make contact with me asap when been to GP.

Get a text that night saying he may have torn liagaments, try to phone him , does not answer.

Send a text back asking for a written letter of injury from his GP, no response.
Injured party not been to work since, still will not make contact.

Investigated the best I can , no witness to slip, area looks ok (took photo), spoke to lads he got lift home with on day of alleged accident , and three of them have written statements stating that he mentioned nothing on the way home, in fact dropped him off near the pub.

Client will not acknowledge the injury due to it not been reported on the day, no treatment was given by the nurse

Is this reportable?, even to cover worst case scenario (claim)

Thanks

Steve
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#2 Posted : 17 August 2006 21:38:00(UTC)
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Posted By ITK
Yes.
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#3 Posted : 17 August 2006 21:42:00(UTC)
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Posted By p winter
Hi Steve - Exactly who is the client in this episode?

You have a bit of leeway if its an over 3 day injury in reporting this however from what you say my bet would be there is a claim coming and I would report it just to be on the safe side.

Incidentally, and yes I'm a suspicious sod, get witness statements from the other lads - this could come back and bite in about 2 years 11 months when everyone has forgotten him.
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#4 Posted : 17 August 2006 23:29:00(UTC)
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Posted By Clark
Steve

Prior to reporting you have the right to establish the key facts to ensure it is notifiable. However in this case that appears immposible. I would call the incident reporting line, inform them of the situation. On a similiar situation we had they recorded the details without classifing it as a reportable incident. I recal we were issued with an incident number and requested to update the details at a later date.

trust this helps.
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#5 Posted : 18 August 2006 22:02:00(UTC)
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Posted By Jason911
I would ask the employee exactly how the injury occurred and why he did ot report it at the time. Hopefully your handbook and procedures will inform employees of the necessity to report all incidents for their own protection as well as all the legal reasons.

If the employee left work apparantly fine and reported no incident that could have caused torn ligaments, because although not a GP, I am pretty sure you would feel that kind of injury immediatly as opposed to say a strain, who is to say he did not sustain the injury outside of work?

I too would phone RIDDOR and simple ask advice on the subject, but in my experience he would have difficulty proving his case in a claim,especially if he received adequate training at induction, even though I suspect you will receive one.

Jay

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