Posted By Dave Merchant I assume he was at work when he crossed the road (i.e. not on the way home, etc.) - in which case it counts, even though it's not on your property. Same with a delivery man who falls over in your front yard. Having said that you can't of course be liable for the state of the public highway.

Posted By Rob35 Ring the RIDDOR Line for advice. I had a similar one, we have a public highway on our site, employee was walking from one warehouse to another. Whilst walking along the footpath, he was clipped by a delivery van which fractured his elbow. Phoned to report, but was told not to report as came under road traffic and not health and safety. Regards

Posted By Boh I agree on the HSE stats comment and thats fair enough. Not that it's all stats...but has a impact on ours a bit unnecessarily if you ask me....

Posted By Mike Kavanagh Boh, I would certainly be skeptical on this one for several key reasons: 1) The person has reported a "sprained" ankle - there would be some sign of discomfort - pain - and may be some sign of injury at the time of the accident - swelling, bruising, if the "sprain" is now bad enough to warrant the time off that is now being taken for recovery. - I've had enough sprained ankles through sports injuries, the pain is quick to arrive and constantly there - sometimes it gets worse. Swelling is usually quick to, along with discolouration and bruising. If I'd had a sprained ankle on Friday that was serious enough to warrant time off on Monday then I would have certainly felt some serious pain on the Friday! Therefore I question the said accident occuring during work time. Moreover, I would think that the person was most likely to have been injured during the weekend. 2) The person would natuarally have said something to a work colleague or most definitely their best "mate" - it is human nature to grumble and moan, especially about the fact that you stumbled or fell over due to the state of the road between the units - bear in mind you would be in a certain amount of pain and discomfort, so even if you didn't volunteer to say anything about it, someone else would have noticed (you wincing, limping , etc) and would have asked. 3) The person did not comply with the works accident procedures by reporting the accident at the earliest opportunity (The person was at work when the alleged accident took place so the opportunity was there to report it immediately - so why wasn't this done at the time?) I wish you well in your investigation into this incident and suggest that you don't leave any stone unturned - you may be surprised what you uncover.

Posted By Dar1 I'm not sure why the HSE would be interested in this?? It doesn't pass the criteria of whether the incident was caused by the way the work was organised, whether there were unsafe aspects of the workplace etc? Apologies can't think of the precise wording off top of my head and don't have RIDDOR with me. Granted it may have happened during work time but can't see how it was anything to do with the manner in which the undertaking was carried out or any hazard e.g. trailing cables, frayed carpets etc. Just my view for what it's worth. Regards

Posted By Seamus O Sullivan Just to stir things up. Does it really matter where this employee tripped It happened while he was performing his work duties. What difference does it really make if he tripped on the public road or on someone else's property, he tripped, he sustained an injury and as a result of this injury was not able to perform his normal duties for more than 3 days. I suggest it is therefore reportable. Regarding any possible liability for the public highway, my understanding is that the employer must do all that is reasonably practical to provide safe access and egress to a workplace. Any more that that should only be discussed by lawyers. You need to follow your employers usual procedures regarding accidents, no more or no less. I must point out that I am basing my view on my understanding of Irish law, your requirements may differ.

Posted By John J I would say you have reasonable grounds to question it due to delay in reporting. We do not count accidents that are reported longer than 48hrs after the event. There is no reasonable reason why a person cannot phone in even if it means leaving an answering machine meassage.

Posted By Steven McCallum I would report this in all honesty. Record in the accident book, take a statement form the employee and remond all staff of accident reporting procedure in that they must report anything after an incident to a line manager or supervisor. Who are the employers to assume that this didn't happen while they were working? And to question this at this point would be folly. My advice would be to assume that it happened at work, report under RIDDOR and conduct an internal investigation.

Posted By water67. Hi, I thought it would be reportable as he was crossing the road in "connection" with his work? Re recording incident in accident book. In similar circumstance we do record, unless, as has been said we have evidence that the incident did not happen and the employee was injured somewhere else: not in connection with work. But I always insist that the full facts..e.g. failure to report at the time of the incident. i also speak to the worker involved re his/her story and how plausible it is. For example in this case sprained ankle... most of us have done this at one point in our life. It is usually an instant thing and pain starts immediately.. But of course it can develop further as time goes past.. call me cynical but it sounds dodgy..esp if there is a claim coming your way or local roads dept way..

Posted By Bill Elliott Toe - both the examples you quote are "arising or out of connection with work" - I can't see your logic that the one not carrying files isn't at work?