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Cooper80023  
#1 Posted : 08 June 2010 14:26:01(UTC)
Rank: Forum user
Cooper80023

Just looking to throw up a scenario and see if anyone has had this experience before, looking for an indication of how it might play out, and measures an employer could consider to ensure they "do their bit" Situation is: Employee claims he had an accident at work, if so the incident took place on the 16th of April, however he has only claimed that it was a work related injury within the past week (when he was told his wages were going to be stopped by the company and he would have to go onto stat sick pay). He was off work for 1 week on the 28th of April with a sore neck (again no mention that it was a work related injury), he came back to work for 3 days and then signed himself off again and has been off since. He now claims that he fell when at a installation, at a domestic house (he is an electrician) he fell of a customers ladder (even though he had his own work provided ladder with him, which he did not use). There was a colleague with him at the time, who backs up his story. To complicate matters, he told his line manager at one stage that he hurt his neck turning his bed over at home. He would be deeed as a competent employee, was given all the required tools for the job. So as you can see there are some time delays and changes to story etc , although i am unsure how relevant this would be when it came to the crunch Would this be reportable under RIDDOR, customer disputes this was work related and does not want to be seen to be accepting any responsibility. Just looking for feedback please.......
Seamusosullivan  
#2 Posted : 08 June 2010 14:48:14(UTC)
Rank: Forum user
Seamusosullivan

I suggest it is reportable
Steve Sedgwick  
#3 Posted : 08 June 2010 15:41:29(UTC)
Rank: Super forum user
Steve Sedgwick

I would apply the guidelines that I gave in a similar thread this afternoon. Formally interview the witness along with the manager who was told he hurt his neck at home and see if you can find discrepancies between the injured persons story. NB I would have expected some mention of works injury on his Drs Fitness to work note. Report under RIDDOR only if you are satisfied that his absence is due to a work related injury. If at a later stage the HSE contact you about this you will be able to satisfy them on your reason for not reporting Steve
Canopener  
#4 Posted : 08 June 2010 21:20:45(UTC)
Rank: Super forum user
Canopener

I think that 'time delays' and 'changes to story' could well be very relevant. To be honest, whether or not you chose to report this under RIDDOR is your call, if there is no accident book entry then you might reasonably argue that there wasn't an accident and therefore not reportable. Should you chose to report, I would highlight your concerns about the non reporting of the accident, the delay in reporting and the 'change to the story' in order to provide some 'protection' and mitigation in the event.... I have had similar scenarios in the past, and the delay in reporting does tend to speak volumes at times. I would get around and interview the customer as well and see if there is a more 'independent' witness, get a statement from the line manager re the bed thing; it is likely to be time well spent.
Invictus  
#5 Posted : 09 June 2010 09:48:21(UTC)
Rank: Super forum user
Invictus

You can just contact the HSE for the reporting of RIDDOR and ask advice there. You can also have it noted the reason the report was late i.e. he didn't report it and also the comments from the manager. I would invetigate at this point interveiwing all relevant persons, even the customer if he will respond, this could even be that he didn't see anything or hear anything and that nothing was said at the time.
Ron Hunter  
#6 Posted : 09 June 2010 12:09:14(UTC)
Rank: Super forum user
Ron Hunter

Introduce your own "crunch"? You could tell him you would then have to discipline him for (a) failing to report a work-related accident and (b) failing to follow safe systems of work? It would appear you have a witness to back you up!
PhilBeale  
#7 Posted : 09 June 2010 13:32:31(UTC)
Rank: Super forum user
PhilBeale

ron hunter wrote:
Introduce your own "crunch"? You could tell him you would then have to discipline him for (a) failing to report a work-related accident and (b) failing to follow safe systems of work? It would appear you have a witness to back you up!
I don't think threatening the employee with disciplinary action is the right way to go as this will just make the situation worse. also you would have to produce the company policy that says it a disciplinary offence. As other have said get a statement of exact event and times and speak to the occupant if he noticed anything or the employee appeared to be in pain or mentioned having an accident. the employee could just argue he wasn't aware that he /it need to be recorded as a work related injury and what difference it would make. Phil
ricci  
#8 Posted : 09 June 2010 14:33:09(UTC)
Rank: Forum user
ricci

It is on the information given an accident which occurred while the employee was carrying out work with unapproved tools (The Householders ladder) . The fact that he was using unapproved tools is reasons to allow him to go on no pay. He contributive to the injury by using unapproved work practices. You should also inform the worker and householder that any claim in respect of the accident is between them as the equipment was the householders not the firms. It will be nearly impossible to prove that the injury was not caused at the work site. Even with what he said to a manager it may be what he first thought only later to realise the true facts. You could try and discipline him for not reporting the accident but beware of the rule of unforeseen consequences. You may win not likely but can you cope with everyone reporting the smallest accident and near miss. Treat it as an accident at work
stevedm  
#9 Posted : 10 June 2010 08:02:45(UTC)
Rank: Super forum user
stevedm

I am sure we have all had sight of such claims. Unusally I would tend to agree with the sentiment that Ron is trying to put across although I don't necessarily agree with the language... You will need to demonstrate that you are enforcing your rules not just in this case but all cases, you have more chance of winning a tribunal case for inconsistent application of the diciplinary procedure than you have of winning any claim. I do also to a degee agree with Ricci's comments, although the fact that the employee will most likely did this essentailly 'in good faith - to get the job away' will poke a hole in your defence toward inadequate training. Steve
blodwyn  
#10 Posted : 10 June 2010 09:18:00(UTC)
Rank: Forum user
blodwyn

Wait until the claim comes in - you will find it very difficult to defend. Unless you have a brave witness its unlikely to go your way - especially as he has an 'alleged' witness. I have a situation where a temp who worked for us for one day alleges an accident - we have no record at all and we are very tight on records. She has a hospital record - where she attended two days after the alleged event - and I am being told on the balance of probabilities it is unlikely to go our way. When will 'the system' start to support the employer? Agree with Steve DM we need to start to stand up to these people who seeus as a free lunch bouyed on by the creative writing skills of some of the no win no fee brigade out there.
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