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Posted By ARB
I know there have been threads before - can't seem to find them.
I have an employee who claims to have injured a tendon in his toe while sliding back adjustable partitions between meeting rooms.
The incident occured (unwitnessed) on Sunday. He is coming into work to see me tomorrow, and has claimed he might need 4 weeks off to recover.
Point is - if he's able to walk in and see me tomorrow, and as walking is the only use for his feet at work, can he be considered able to complete his duties?
He is a keen sportsman, and while an injured tendon might keep him off the football pitch, being able to walk would allow him to do his job and come back to work.
Additionally, can anyone think of a mechanism for injuring a toe tendon while wearing safety footwear?
Al.
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Posted By sagalout
Al, at risk of starting Armageddon, whipping up the four horsemen of the apocalypse and cutting the string on the sword of Damocles when the forum fingers start.
I think I remember the gist of previous threads as being, report it? Yes because the employee is claiming an accident at work. As you suggest in your note, express doubts about whether it could have happened in the manner claimed; say you are investigating further and get specialist advice to help with proof as to likelihood. e.g occ health or company doc. Sorry but I cannot do that bit for you.
Hope this helps
Pete
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Posted By sagalout
Al, this bl***g forum response page! this bit got lost
"and of course you can take a view of his fitness for work based on all the usual stuff that we check in such cases. Just make sure that you have medically competent people involved somewhere if you intend challenging any statements or sick notes made by your employees medical advisers."
Pete
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Posted By Rob Yuill
Report and be legal. A report under RIDDOR is not an admission of guilt or indeed of a breach of duty. The wording in the free text section of the circumstances can reflect your doubts. As the IP is a keen sportsman was he engaged in any sport over the weekend? I remember a very fit guy who claimed to have injured his back lifting an empty box (I know, I know, this "could" happen), when in reality he played amateur rugby at a high level over the weekend.
During an interrogation, sorry interview, he admitted this was probably the cause!
But as I said the reporting of a RIDDOR is not an admission of guilt!
Rob
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Posted By ARB
Thanks for the advice so far. I will be leaving it until I've seen the chap involved, and see how fit - or otherwise - he is.
I fully accept reporting a RIDDOR if necessary, and have amended the company sick policy to include QHS when FMed3s are received so we don't miss anything not directly reported.
My concern with this one, to be blunt, is he's making it up. My firm is in construction/maintenance, and numbers of RIDDORs is always something that can cost us dear in winning business. I try not to report in haste, and then find out on a full investigation when they return to work that the injury had nothing to do with work - like the rugby player above.
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Posted By sagalout
Al, yes it is tough sometimes when your commercial performance is linked. But as others have said you have to do it. I would suggest that if you do determine "foul play, as they say in Cluedo!" from a proper investigation, then the level of potential damage to the company from any false claims should be reflected in any discipline.
This was the only way I ever stopped this sort of thing. The message soon got around that "wool and pulling" was not a good idea. Mind you some of the accident claims did get a little more complex so at least they were, at least, thinking more about how they could get hurt! ( and that is not cynicism!)
Pete
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Posted By Saracen11
Hi ARB, have you revisited your RA for this task?
Did the injury occur because he was using his foot as a 'lever' to push the doors?
If so, is this the correct way to do it?
Have the doors been maintained, do they need attention because they are not moving freely?
As others have said, you do need to report it as the IP states the injury is due to a work activity... argue the finner points at a later date.
Regards
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Posted By tony_s
Would people really have a risk assessment for opening partitions between meeting rooms?
I agree that if someone says they are off work due to an accident, then - they are off work due to an accident and it should be reported.
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