An employee goes on sick leave and self certifies as he has a foot injury. No mention is made that this injury occurred as a result of a work activity. Whilst still on sick leave the employee is investigated for misconduct (prior to this absence) and as a result his contract is terminated. The (ex) employee has now made contact to say that he wants this accident to be entered into the accident book even though it occurred back in early December 2009.
Can anyone suggest the correct course of action to take please. I have no evidence to say this injury occurred as the result of an accident. Do I also need to report to HSE as a Riddor?
Help!

Obviously a claim coming but I would be tempted to put in the accident book. False accident claims are made all the time but they still have to be recorded in the accident book.

Personally due to the late nature of the report and the fact that he no longer works for the company I would ask (in writing) the person to formally write in with the details of the 'accident' including an explanation of why it took so long to report the claim, being as that in itself is a breach of law and for most people their employment contract too. That way you have a written record in case he does put in a claim and I like to bet it spooks him enough that he drops it there and then.

As to reporting it to the HSE then I would wait for his written formal explanation and then if it meets the criteria for reporting then report it the HSE with a copy of your letter to him and his explanation of why he failed to report. The HSE almost certainly won't get involved as they have better things to do than chase up obvious accident fraud. However, you would have done everthing by the book.

Just my take on a tricky situation.

In response to the questions noted above:
The alleged accident occurred on the Monday and the employee was in work for the whole week and therefore had ample opportunity to report this. No mention of pain or discomfort was made and no request for light duties. We have sufficient evidence that he was fully aware of the accident reporting procedure on site. Prior to this accident there are sick notes and return to works where foot pain was noted and these date back to 2008.
Is there any set time scale as to when an accident can be reported? If the employee is now an ex employee is there any bearing on the reporting given the time scale?

I have had a number of experiences with this type of "speculative" claim.
This guy will have already seen a solicitor and will have been advised to contact the employer with a view to getting this on record; he will also have been advised to identify a witness that will support him.

My advice is to carry out an investigation using the information he has provided you with and formally take statements from his supervisor and all colleagues.

Unless you can conclude that the late accident report is genuine don’t report under RIDDOR and don’t record in the accident book. If you are later challenged on this you should be able to justify your decision.

If you show this guy and his solicitor that you are not prepared to submit to this "speculative" claim then you will probably hear no more from them.

Keep a written record of your investigation and any photos in a file should you need it in future.

Steve

Safetybod
It seems clear that you are not going to get the truth of the matter from the claimant but you do have most of the evidence eg
-workplace
-equipment
-rules, procedures etc in operation
-supervision
-witnesses / potential witnesses
-the email
-medical history ?
Collect the evidence.
Is the witness a current employee, if so he needs interviewing in a formal setting with his manager and yourself to get a written statement about the accident. (You & his manager ask the questions, he answers, you write the statement to be agreed and signed by the witness)

I wouldn’t worry about not reporting this unless you believe that this is really a work related injury. As I said earlier you should be comfortable if challenged on this either from the HSE or his TU
Steve

This is the second thread today that seems to judge everybody with the same brush, as soon as an employee or ex in your case decides to complete an accident report after the date of the accident you automatically assume that its "Dodgy" not one single reply has sided with the injured person, and personnally i find that shocking.

I speak from experience, i had an accident on a major building site in London many years ago, i fell through scaffolding and landed approx 2 floors down, i was lucky that i wasnt killed, initially my injuries seemed small, bruised, grazed and roughed up, but no broken bones. i was self employed and carried on working even though i was in pain, in the end i had no option but to stop work as my injuries were far worse then first thought.
Yes, i did put in a claim, and believe me it took 5 years to receive compensation, every trick in the book was used to stop me claiming, my ability to complete the job was hurtful, the whole approach from the main builders and scaffolders was disgusting and surprise, surprise the accident book went missing!!

Please, please, stop judging everyone the same, there are genuine people who are put in hardship as i was by the incompetence of others, i lost everything as i was unable to work for a year, even my credit rating was lost, have some compassion for those injured and at least treat every accident individually, and stop tarring everyone with the same brush!!!

I agree with Sean, he has a very valid point. The right to claim exists, the validity of the claim will be determined elsewhere. The appropriate action to take at this stage, as already outlined by others in this topic, is no different whether the claim is eventually upheld or not.

By suggesting that it is dodgy or spurious we are prejudging the situation and putting ourselves at risk of being accused of a lack of objectivity. Best practice requires an open mind when investigating not an assumption that it must be dodgy because....

There is nowhere near enough evidence to conclude anything from this topic, a strong suspicion might be held by some but there can be nothing more than that

P48

Steve, no blame intended or deserved. I recognise the dilemma which I why I posted my comments. It is, as you say, extremely difficult to remain objective at all times. I don't always manage it either, but try we must,

P48

While I am mindful of Seans missive at #11, I don't think that 'we' have tarred everyone with the same brush at all. Looking back at the original post and the scenario suggested I have got to say that I would be extremely sceptical as to the veracity of the alleaged accident. In general I suggest that very few of us have any issue with a genuine accident, or any subsequent claim arisisng or compensation awarded if liability is accepted or found. However, we have a duty to everyone, including legitimate claimants to 'weed out', and vigourously defend spurious or vexatious claims. False, fraudulent or exaggerated claims are not 'victimless crimes' - quite the opposite.

Now off to don some PPE!