Rank: Super forum user 
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Last month we had a staff member complain of hurting his knee whilst removing wheel chocks from a delivery truck, there was no first aid administered, and the staff member in question returned to full duties with the relevent incident paperwork was completed.
4 weeks later, we now have that member of staff hand a weeks line due to a knee problem (the knee he aggrivated 4 weeks earlier). We have not been told the reason for the knee injury, so I dont want to jump to conclusions, however if its claimed that the injury is a result of the incident 4 week previous, will this have to be put through as a reportable under RIDDOR?
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Rank: New forum user
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Hi There, not sure what you mean when you refer to that staff member "hand a weeks line." Could you explain?
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Rank: Super forum user
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Certainly, the person in question has been to the doctor and has handed a sick line in, informing us he is to rest his leg for a week.
So he is off work for 5 days, however, I may be jumping the gun a little here, but i want to be prepaired for the fact that the reason for the sore knee was a result of the incident 4 week provious.
I was curious, whether it potentially qualified as a reportable?
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Rank: Super forum user
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I think sick line is the sickness reporting line used at Guru's workplace - is that correct?
Otherwise, I'm assuming it is simply a fit note.
Carry out a return to work interview with the staff member to ascertain any changes needed to work area, ability to work, and reason for knee problems.
If they raise the wheel chock incident then you can consider reporting under RIDDOR.
At this stage, they could have just twisted their knee playing football or similar so RIDDOR would be jumping the gun.
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Rank: Super forum user 
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Agree that you have to ascertain the cause of the injury first, and having done that consider this.
At my previous employer we had a worker twist her leg falling in an icy car park. She didn't take time off work, but did report it in the accident book (though to be honest the accident book record is a complete red herring in determining whether or not to report). Her knee continued to give her problems, and two years after the original incident she was admitted for surgery to her knee. This meant a week off work, and I was advised by a senior HSE Inspector that this time off would be reportable, as it was directly attributable to an accident at work.
John
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Rank: Super forum user 
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If you are looking at it as a three day reportable it isn't - purely for the fact that three days away from normal work starts the day following the injury.
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Rank: Super forum user
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ChrisBurns wrote:If you are looking at it as a three day reportable it isn't - purely for the fact that three days away from normal work starts the day following the injury.
Are you sure about this Chris - it directly contradicts jwk's experience.
I can't see anything in the guidance note L73 from the HSE.
Surely if the absence is attributed to the incident then you will need to go down the RIDDOR route?
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Rank: Forum user 
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ChrisBurns wrote:If you are looking at it as a three day reportable it isn't - purely for the fact that three days away from normal work starts the day following the injury.
Dear Chris,
Where does it say that the three days away from normal work starts the day following the injury?
Regulation 2 (2) States "... where a person at work is incapacitated for work of a kind which he might reasonably be expected to do, either under his contract of employment, or, if there is no such contract, in the normal course of his work, for more than three consecutive days (excluding the day of the accident but including any days which would not have been working days) because of an injury resulting from an accident arising out of or in connection with work ... , the responsible person shall as soon as practicable and, in any event, within 10 days of the accident send a report thereof to the relevant enforcing authority on a form approved for the purposes of this regulation, unless within that period he makes a report thereof to the Executive by some other means so approved."
Regards Adrian
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Rank: Super forum user
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You sure about that Chris? I've heard this before but to me there is nothing in either the regulations or guidance to support this view. The regs just say 'three consecutive days', and don't either state or imply that these must follow on directly from the day of the injury. The day of the injury is discounted, but once again, I have been advised by HSE (and not HSE Infoline) that the three consecutive days can occur at any remove from the date of the incident provided there is a clear causal link.
In our case the over 24 hours in hospital rule applied in any case,
John
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Rank: Super forum user 
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Chris, it is also my understanding that the >3 days absence does not have to be immediately after the incident but if it is as a result of a work incident then RIDDOR reporting applies.
Delayed onset PTSD for example following an armed hold-up.
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Rank: Forum user
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Hi all,
Been a long time since I posted here,
I believe you have that wrong Chris, the 3 days does not have to be straight after the accident/ injury. It is still reportable even if it is 4 weeks later as long as it is directly linked to the accident.
Muscular strains, nerve injuries can take weeks to come to light.
To the OP,
The question you need to ask is did the IP have any pre existing knee problems, quick look at a medical questionnaire and any accident history will tell you this. If no then you can summise from that, that it is likely that the accident did cause this problem and it is reportable.
You will need to make it clear on your RIDDOR report that the absnece did not begin until whatever date it was.
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Rank: Super forum user
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OK I stand corrected - please stop the flack - it really hurts
- ow, ouch, stop it, argh, where's my tin hat? etc. etc. :-(
"the responsible person shall as soon as practicable and, in any event, within 10 days of the accident send a report thereof to the relevant enforcing authority on a form approved for the purposes of this regulation, unless within that period he makes a report thereof to the Executive by some other means so approved."
How can you report within 10 days of the accident if it has not been reported for 4 weeks (28 days) following the "alleged" accident?
I do know this has been well discussed before.
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Rank: Super forum user
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Chris, dont worry mate...I can pick out tons of threads where you have provided solid guidance ;)
Obviously, I'll not know the details till the return to work, but I am execting the incident 4 weeks previous to rear its head.
Worth mentioning the incident occured due to the person kicking the chocks, rather than kneeling and removing by hand, the way they were trained.
Anyway, thanks for all your valued input....I'll need to wait and see what happens on their return!
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