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Buzby888  
#1 Posted : 16 May 2011 15:01:30(UTC)
Rank: Forum user
Buzby888

Hi all, your opinion on the following please. A teacher on morning break chatting to a colleague when suddenly a football kicked very hard hit her on the ear at the side of the head causing her to fall to the ground, supported by colleagues manages to get up but after a few minutes goes down again, an ambulance was called and she was removed from the scene by wheelchair taken to hospital treated and sent home that was on Friday.
Came to work on Monday morning but could not stay due to sensitising problems with noise and other head related issues had to go home.
Is this RIDDOR reportable? Does the fact that she came to work this morning for 60mins mean she has not been off for 3 days after an accident although she did no work e.g. (normal duties).
Would this incident be described as a workplace accident?
Would there be a basis for a compensation claim against the employer? (duty of care and all that).

descarte8  
#2 Posted : 16 May 2011 15:13:55(UTC)
Rank: Super forum user
descarte8

Is this RIDDOR reportable? - Did she loose conciousness?
Would this incident be described as a workplace accident? - It happened at work so yes
Would there be a basis for a compensation claim against the employer? No
Ken Slack  
#3 Posted : 16 May 2011 16:23:57(UTC)
Rank: Super forum user
Ken Slack

If she had been at work on Sat or Sun would she have been able to work? If not then thats 3 consecutive days, although she was in work for 60 minutes you stated that she couldn't carry out her normal duties. I would report.

Steve Sedgwick  
#4 Posted : 16 May 2011 16:40:57(UTC)
Rank: Super forum user
Steve Sedgwick

If she has only had 3 days away then it is not RIDDOR, however, if she does not attend work in the morning then she has had MORE than 3 days away from work so then it is reportable.

Yes it is a workplace accident.

The question of compensation is of little importance at this stage. The concern should be for the injured parties condition and recovery, and why it happened in the 1st place.
Steve
Paul Duell  
#5 Posted : 16 May 2011 17:04:57(UTC)
Rank: Forum user
Paul Duell

Quote:
Does the fact that she came to work this morning for 60mins mean she has not been off for 3 days after an accident although she did no work e.g. (normal duties).
Would this incident be described as a workplace accident?
Would there be a basis for a compensation claim against the employer? (duty of care and all that).


Basis for a claim? There's always basis for a claim, but will it succeed? Probably not in a fair world.

Workplace Accident? Yep.

RIDDOR? Well as Steve has pointed out, tomorrow is day+4, so not yet - but the fact she came in is a red herring, what matters is that she was unfit for normal duties (because she went home again), so if that unfitness was the result of the Friday incident (and I'm not saying it wasn't), then RIDDOR-able tomorrow if she's still unfit.
Buzby888  
#6 Posted : 16 May 2011 21:24:33(UTC)
Rank: Forum user
Buzby888

Thanks to all who replied.
ACoz2000  
#7 Posted : 17 May 2011 07:33:57(UTC)
Rank: New forum user
ACoz2000

Agree, it is only reportable if she does not return to work and her normal duties on the 4th day. I assume she was not hospitalised (admitted).

Something which has slipped everyones quality responses is that lessons learnt from the incident are that women should not be allowed near a football ;-P (No offence intended)...
alan w houghton  
#8 Posted : 17 May 2011 08:13:34(UTC)
Rank: Super forum user
alan w houghton

RIDDOR reportable in my opinion

Workplace accident - yes

Claim - yes

Have you done a thorough accident investigation with witness reports etc ready for the claim situation - sounds like that what is happening here

However I am the cynical type

Get the lady better first then worry about claims after - insurance companies don't seam to fight claims so much these days they put money aside and try to negotiate a lesser rate and see this as win
Thats how I see it
ptaylor14  
#9 Posted : 17 May 2011 12:13:33(UTC)
Rank: Forum user
ptaylor14

Burrowsa wrote:
Hi all, your opinion on the following please. A teacher on morning break chatting to a colleague when suddenly a football kicked very hard hit her on the ear at the side of the head causing her to fall to the ground, supported by colleagues manages to get up but after a few minutes goes down again, an ambulance was called and she was removed from the scene by wheelchair taken to hospital treated and sent home that was on Friday.
Came to work on Monday morning but could not stay due to sensitising problems with noise and other head related issues had to go home.
Is this RIDDOR reportable? Does the fact that she came to work this morning for 60mins mean she has not been off for 3 days after an accident although she did no work e.g. (normal duties).
Would this incident be described as a workplace accident?
Would there be a basis for a compensation claim against the employer? (duty of care and all that).




Just phone RIDDOR (HSE website) and ask!!!
descarte8  
#10 Posted : 18 May 2011 08:43:05(UTC)
Rank: Super forum user
descarte8

"Claim - Yes", accident investigation?? you got to be joking, a teacher being hit by a football... whats the world coming too, even due to the seriousness of the injury (and I wish them a speedy recovery) isnt this just a simple playground accident?

Can see the headlines now, footballs banned in school, or only foam types to be used, rounders balls have to be made from polystyrene, rugby balls have to be circular to stop them bouncing funny and of course hockey would have to be outright banned, just too violent (or it was when I played :-)

Roll on friday....
Invictus  
#11 Posted : 18 May 2011 09:18:26(UTC)
Rank: Super forum user
Invictus

descarte8 wrote:
"Claim - Yes", accident investigation?? you got to be joking, a teacher being hit by a football... whats the world coming too, even due to the seriousness of the injury (and I wish them a speedy recovery) isnt this just a simple playground accident?

Can see the headlines now, footballs banned in school, or only foam types to be used, rounders balls have to be made from polystyrene, rugby balls have to be circular to stop them bouncing funny and of course hockey would have to be outright banned, just too violent (or it was when I played :-)

Roll on friday....


Unfortunately I don't think there is such a thing as a simple play ground or any other accident. Was it risk assessed, was it foreseeable. It won't be the first or last time a play ground game has been banned in the good name of H&S. When I was at school bull dog was banned, but at least they didn't blame health and safety they just said were sick of parents complaining that jumpers had been ripped or streched.
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