Rank: Guest 
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Posted By Ian_P
I know it's argued that it's good practice, under RIDDOR, that if you are in doubt, report. However, take the following scenario.
Employee claims to have an accident, completes an accident form, and takes time off sick because of the accident. He takes say 4 or 5 days of self certified, therefore there is no sicknote. Everyone believes that he is taking the michael (so to speak), and witnesses saw him walking around after the accident with no injuries, and also enjoying a spot of shopping whilst being "on the sick". It is firmly believed that the accident and injury did not happen.
What I have been asked is do we have to legally report an alledged 'accident' under RIDDOR, or do we only report 'actual' or 'proven' accidents.
If in doubt report, I know, I know, but when is an accident an accident? Legally speaking is it an accident if:
A: someone claims it happened?
B: someone witnesses it?
C: a sicknote confirms the injury?
D: an investigation says there was "beyond unreasonable doubt" an accident.
I know I'm probably being naive and the above rant may go against everything I have learnt over my long HS career. But some 'claims' and 'accidents' rile me.
Angry Rant Over.
Lunch time pintage necessary.
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Rank: Guest
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Posted By Ron Hunter
Ian, can I suggest conducting an investigation with the alleged IP and the witnesses you mention?
Maybe consider your employer's disciplinary procedures as well?
That might make you feel better!
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Rank: Guest
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Posted By Dave Wilson
Follow Rons advice mate and do a 'thorough' investigation "so that we can understand the cause of this so that we can prevent a recurrence"
That will get to the bottom of it as they will invariably drop them self in it!
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Rank: Guest
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Posted By Ian_P
aaaahhhh! Chilled out now. Nothing a visit to the chippy couldn't solve.
Thanks for your responses.
Subsequent investigations and witness statements did lead me to believe that there was no accident. However, if the IP still insists it was an accident*, is it an accident?!?....in the eyes of RIDDOR at least?
*possibly to avoid disciplinary action?
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Rank: Guest
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Posted By Tabs
The law requires you to report accidents, not reports of accidents HOWEVER you would need to prove that no accident took place, if you were questioned about it by the authorities / court.
My advice is report it and add the comment that you and witnesses dispute the occurence.
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Rank: Guest
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Posted By mike morland
Firstly, you will be keeping your company compliant to the requirements of RIDDOR if you submit your report after a 3 day absence regardless of whether the IP is genuine or not. In other words 'two wrongs don't make a right'.
Secondly, the RIDDOR will only instigate an investigation by the HSE dependent on the type of accident and the severity of the injury.
This allows the HSE to assess how the accident happened and determine if the company is doing anything as a result of the post assessment in preventing a repeat.
Thirdly, the RIDDOR is the HSE statistical analysis of nationwide accidents etc.
I share your frustration of those who 'milk the system' by claiming to have received an injury and yet have nothing wrong with them.
Go with the advice of 'accident investigation'. It's often amazing what information comes out of it.
Regards
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Rank: Guest
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Posted By ITK
Yes you must report it in line with RIDDOR.
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