Posted By Alison Parker
We had an accident in the workplace – doubts to whether it’s genuine but duty fulfilled and duly reported. So not a standard RIDDOR question e. g. to report or not.

However, as the investigation is coming together and facts are being gathered. Many in support of - did it really happen!!

One fact that has now come to light is that the IP has another job as well as the current one, both part time and almost identical in specification.

This is the good bit the IP is not absence from work in the other role and we believe at this point undertook a full range of similar duties.

RIDDOR applies to the workplace where incident occurs I know - the duty is to report and as I have said all done. I was just wondering if anyone else out there has come across this scenario before?

Another interesting fact is the IP submitted notice whist on sick, so we can assume a claim will follow as this is a trend in my sector.

I fully intend to share all information with any inspecting Enforcement Officer (it will be Local Authority).

Be interesting where the IP plans to demonstrate loss in any claim.

Any thoughts or comments?

Posted By Saz G
This may not be directly related Alison, but we recently had an EL Claim from an employee who allegedly hurt his shoulder during a slip incident that no-one actually witnessed and that wasn't reported. (he was issued with and wearing safety boots and all hygiene/shift docs showed start/end of shift cleaning etc).

He worked Weekend days and had a business on the side erecting marquees and bouncy castles. He was signed off long term and claimed. We actually had photographic evidence (in the local paper!) of him carrying out duties similiar to those that he and his GP said he was not fit to carry out at work and we have still ended up paying out a considerable amount, although the damages were reduced slightly because of contributory negligence as he admitted running to attend an alarm.
Obviously, there was a lot more to it than that, but the point I make is that even with evidence etc, it is not always a favourable outcome for the employer. Best outcome is that they are advised to drop the claim by their solicitor due to your evidence, but usually, they will still push for out of court settlement.