Rank: New forum user 
|
At the end of last week an ex-employee (agency worker) turned up demanding to fill in the accident book for an injury (allegedly) received two years ago.
When asked why the alleged incident wasn't reported at the time he gave some spiel about not attributing his back ache at the time with work. He said that he had sought legal advice and they had advised him to inform us now, and he was adamant that this was as soon as possible.
I'm at a bit of a loss with this one; should I let him complete a 'form' or can I/should I refuse? Most of the work force in the department where he worked have since left the company; therefore I have little if any chance of investigating his claims.
|
|
|
|
|
|
Rank: Super forum user 
|
Absolutely not.
But record the conversation.
Steve
|
|
|
|
|
|
Rank: Super forum user
|
Not sure I see a problem with filling in an incident report. Nice handy way of keeping all the information (inc. the conversation, difficulty in investigating) in one place.
|
|
|
|
|
|
Rank: Forum user
|
I'd agree with Mr Sedgwick above and I'd then go on to inform your insurers of a potential incoming claim.
If I were you I'd also look to identify any records of the contract employee and also contact the contractor/labour supplier for any briefing/competence records.
They've shown their hand and a claim is on its way. It'll be a good time to check the employee's history and get the info ready for the insurer to put the defence together.
|
|
|
|
|
|
Rank: Forum user
|
Have pm'd you but similar to what NLivesey has said...
|
|
|
|
|
|
Rank: Super forum user
|
Assuming suzg is the 'safety' person, what business is it of their's if a claim is spurious?
No doubt the policy says that all incidents must be reported. No deadline, no nothing.
Of course, it does sound dodgy but I've never seen it as my job to deal with this aspect of incidents.
Let them report it. The facts will speak for themselves.
|
|
|
|
|
|
Rank: Forum user
|
Record it in the incident book - then write to him with your concerns - no report at the time, (a breach of company policy no doubt), no recollection of incident amongst colleagues, no other information confirms the incident. In your response confirm your commitment to good standards of safety and ask that he assist in a potential investigation.
..and speak to your insurer
|
|
|
|
|
|
Rank: Super forum user
|
suzyg - the accident report book is for Social Security purposes although used for a lot of other things as well. I too was in your position some years ago and after taking advice from our then insurers we were told that you actually can't stop him making an entry. What is important though as others have already alluded, is that you document your inability to investigate and that there is no one available to substantiate or corroborate the injury. By all means alert your insurers that a claim is likely.
|
|
|
|
|
|
Rank: Forum user
|
We don't let the IP write in the accident book as they are likely to be biaised / not have a complete view of the accident. Just note the circumstances surrounding the reporting of the accident on the form / attached to the form and you should be alright.
|
|
|
|
|
|
Rank: Forum user
|
I'd stand by a decision not to allow an entry into the accident book given the amount of time elapsed between the alleged accident and desire to now report. Lets keep a logical head on things here, this is someone trying their luck and wanting to get some evidence down after a significant amount of time.
There's another reason why I'd not be inclined to let it happen. I'm not a legal expert by any means but by allowing the person to submit an accident report in this way could be used to claim that the company have accepted liability. This may be a bit paranoid on my part but bear in mind they've supposedly taken legal advice and if they have there'll be a reason why they've been advised to do this.
In terms of their allegation I'd go back to the (ahem!) 'IP' and request that they put their request in writing, stating reasons why they now want to come forward and report as well as details pertaining to the alleged accident. In my experience where someone is chancing their arm then they'll stumble fairly early on and the details given will vary enough for the ensurer to effectively bat the claim back.
|
|
|
|
|
|
Rank: Super forum user
|
Not allowing the employee to fill the book in will cast doubts on your credibility.
Let him fill it in in his own words, doing it yourself will only allow him to say you haven't entered it correctly.
Make sure the date of entry on the form is correct and put any comments you have relating to late reporting and pin your accident reporting criteria to it.
If he's not followed procedure inform HR and his line manager who can consider what action to take.
In reality he's got little chance of succeeding with a claim based on a retrospect accident form and no evidence he's had it at work. This will be further verified by his medical records at this point which will have nothing relating to work.
|
|
|
|
|
|
Rank: Super forum user
|
I suspect that the Claims Management Company handling this claim or Solicitor have decided that they are wasting their time with this "Spurious" claim; because the chances of winning are negligible.
You gain no advantage in encouraging this guy by giving him an accident report at this late stage and you are able to justify why you refused him.
Just make sure that your management agree with your stance which ever way you go with this
Steve
|
|
|
|
|
|
Rank: Forum user
|
The individual is claiming to have suffered some sort of injury owing to his work with you so he does have the right to enter this into the accident book. The legislation doesn't say anything about time limits on reporting.
However, and to be slightly underhand, as he is an ex-employee and this alleged incident happened two years ago, I would ask him to write to the company setting out the nature of his injury, how he believed it to have occurred and any other information he feels may be relevant. This will ensure that you have a full record from the ex-employee (possibly more than he would put in the accident book) which you can then pass on to your insurers in anticipation of any claim which may be made.
|
|
|
|
|
|
Rank: Super forum user
|
You need to register this accident to retrospectively investigate the alleged circumstances – let’s cut to the chase - this is about a civil claim coming your way as all have advised.
The problem you have is you have to prove nothing happened or you mitigated against and injury occurring in the fist place. By his own words in wanting to log the incident he felt that work had not contributed to the alleged back pain then. Why has it now?
If you leave it and don’t have an accident investigation pack available to respond with when you get the claim you wont be in a good position.
|
|
|
|
|
|
Rank: Super forum user
|
suzg wrote:
At the end of last week an ex-employee (agency worker) turned up demanding to fill in the accident book for an injury (allegedly) received two years ago.
When asked why the alleged incident wasn't reported at the time he gave some spiel about not attributing his back ache at the time with work. He said that he had sought legal advice and they had advised him to inform us now, and he was adamant that this was as soon as possible.
I'm at a bit of a loss with this one; should I let him complete a 'form' or can I/should I refuse? Most of the work force in the department where he worked have since left the company; therefore I have little if any chance of investigating his claims.
Get him to fill it in, that way when a claim does come in (which it sounds like it will), you have some idea as to what it is for. You can then also go back over your records, for attendance, he will be giving dates I assume on the report, therefore you can check time sheets and see if he was even in that day, or if there was absence after the dates given. Also if there was time off, he may have been on holidays.
Do you recall the operative in question?
Do you keep a diary?? They are always useful in times like this. I had a member of public claim they slipped on plasic put down under a concrete pump to keep the area clean, in order to slip on the plastic the member of public would have to have walked into an area that was barriered off.
Long story short, they didnt have any concrete stains to the clothes, they didnt want to give their details or record the incident, about a year later a claim came through, I had photos and a diary entry on the matter and the case was closed.
|
|
|
|
|
|
Rank: Forum user
|
If you have an accident form/witness statement form you can include on it relevant legislative references so that it could be used in court and remind the party that when the issue comes to trial and discrepancies will be dealt with by the court.
In addition, as part of the investigation you could take a recorded witness statement so that the full facts as disclosed to you are made available.
As such the incident and any anomalies may mean that there are areas for your insurers' investigation person to look at.
our forms reference:
I confirm that I have read the entire contents of this statement, prior to signing and I am fully satisfied that it is a truthful & accurate account of the circumstances surrounding this incident as I know them to be. I also confirm that the information contained in this statement was provided freely by me and recorded in my own words. I acknowledge that this statement may be relied upon as evidence in court.
(CJ ACT 1967, S.9; MC Act 1980, ss.5A (3) (a) AND 5B; MC Rules 1981 r.70)
Signature………………………………………. Date…………………………..
Witnessed by……………………………………
|
|
|
|
|
|
Rank: Super forum user 
|
Whether it's 2 weeks; 2 months or two years after the alleged date, an employer cannot refuse to allow an entry to be made into a BI510 as the "IP" has a legal right to make such an entry.
By entering it into an Accident Book, it does not mean that the employer is in any way admitting liability, much like a RIDDOR report, but as with any entry, additional information can always be appended & included in information subsequently requested by either an Enforcing Authority or civil claims solicitors (via your Insurers or solicitors).
Zyggy
|
|
|
|
|
|
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.