Posted By Dave Sutton
One of our employees had a minor accident in 2005 and reported it only in January of this year (2007)claiming that a medical condition has arisen from the injury. Two questions then arise:-

1. Is there a time limit on making accident book entries ?
2. What is the company's liability if the accident wasn't reported at the time of the incident ?

Any comments gratefully received.

Posted By Dave Sutton
Thanks,

Our company procedures require all accidents and incidents to be reported promptly, my question though is is there a maximum time limit after accident that you can make a report. ie can someone come along 10 years later and make an entry in the accident book ?

Posted By Bob
Dave,

Does the following info help you :

There is no specific time limit for making an entry in the accident book but the Social Security legislation which governs the keeping of accident books states that ‘’Every employed earner who suffers personal injury by accident in respect of which benefit may be payable shall give notice of such accident either in writing or orally as soon as is practicable after the happening thereof’’. This is of course purely for the purpose of making his benefit claim.

Putting the benefit claim aspect to one side, there is nothing to stop anyone making an entry in the accident book 10 years later but I cannot see how this can possibly help their cause as it will of course be ridiculously backdated.



The second part of your question concerns the company's liability if the accident wasn't reported at the time of the incident. (By ‘wasn’t reported’ I assume you mean wasn’t entered in the accident book)

The company’s liability is not decided by whether or not the incident was recorded in the accident book but by the court in the light of the particular circumstances of the case and it will be up to you to prove that on the balance of probabilities you were not in breach of your duty of care. The accident book entry may be referred to by either side but of far more importance will be more detailed and specific proof that you had indeed discharged your duty………evidence such as risk assessment for that operation, safe system of work in operation at the time, incident investigation reports, witness reports etc. etc. etc.

Holmezy, a point well made but I would clarify that under the Limitation rules:

Where physical injury is concerned the claimant has up to 3 years from the date of the occurrence to make his claim. In the case of disease however (asbestos, noise etc.) the 3 years starts to run from the time that the disease was discovered so a claim could land on your doorstep MANY years later! For this reason it is important to archive as much information as you can information for as long as you possibly can.

Posted By Bob
Exactly Dave

Section 11 of the Act:

11 Special time limit for actions in respect of personal injuries
(4) ....... the period applicable is
three years from--
(a) the date on which the cause of action accrued; or
(b) the date of knowledge (if later) of the person injured.

Posted By Dave Sutton
Seamus,

Not me mate - not been to Ireland yet but would certainly like to. Thanks for the info to everybody anyway - a great source of information and the help is greatly appreciated.

Posted By John Murgatroyd
The answer/s to your question/s, are yes. Loads of employers (especially the small business) would prefer to cut-off their arms rather than enter an accident into "the book".
Mistakenly, they asume that that means they cannot be held liable.
I have even be offered a day off with pay to not enter details, and know of several people who had rather more time off (with pay) than that, again for not entering details into "the book". I even know one guy who had a week off (with pay) for not making a fuss after the forklift turned-turtle in the yard (needless to say, riddor was the dirty word).
It is considered (within my union) that the reason many businesses chose to use a computer to hold the details is not for efficiency, but to conceal the info from perusal. Indeed, one safety rep I know was refused access because "this computer also holds business details and other private information"

Posted By Raymond Rapp
Interesting thread and not wishing to digress but, I always thought that having an Accident Book at work was a legal requirement, now enforced via the HSE.

However, my present company does not keep accident books but promotes the use of a Incident Reporting System. Thinking about it, the provisions are very similar i. e. injured person completes IRF, copy goes to h&s rep other copy goes to safety department.

I still think it is odd, indeed there seems to be something missing...would appreciate your thoughts on this guys(girls).

Many thanks.

Ray

Posted By Raymond Rapp
Sheelagh (lovely name)

Thanks for your thoughts and I agree many companies do their best to prevent accidents from being reported. However, mine is not one of those, thankfully.

I work in a highly regulated industry and as a company were are also externally audited. Hence not having an Accident Book (BI510) surely must be kosher. I still find it strange and would appreciate if anyone can confirm it is a legal requirement or not.

Ray

Posted By Gareth Parker
hello,
i had an had an accident at work my boss told me to move a pices of metal about 70kg...my back started hurting and complained ...i recived no help or report was placed into the accident book.

now i was injuried for a period of 9 weeks away from work and am still suffering with pain constanly.

even though working hurts me to do i have returned to work.

i have also been harassed and abused verboly for not being able to attened work due to a mild sickness.

i think people who dont care to help and cant fill out accident books sould be sacked...and at best closed down.

your sincerely,
Gareth Parker

Posted By tomahawk
Don't think so ?

Posted By Gareth Parker
american dude and a sheffield guy?

Posted By Gareth Parker
can i have my last 3 posts removed please...thank you

Posted By anon1234
you don't have to have an accident book fullstop. Although you must have a system for recording all the relevant information e.g. an on-line system. For somewhere employing less than 10 people the accident book is the logical way to go in my view.