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lisar  
#1 Posted : 06 August 2012 16:37:24(UTC)
Rank: Forum user
lisar

Sorry if this seems a very basic question , but often I find RIDDOR information can be a little vague.
An employee hurt himself during working hours on 19th July but is a casual and only returned today and is still suffering as a result of injuring his chest. The employee failed to report at the time so we have only recently found out. He went for an x-ray
IM going to report this as a Riddor or am i being over the top?
David Bannister  
#2 Posted : 06 August 2012 16:41:48(UTC)
Rank: Super forum user
David Bannister

Employee injured in work activity, unable to do normal task for >7 days = RIDDOR reportable. Be prepared to explain why the late report.
Canopener  
#3 Posted : 06 August 2012 17:10:07(UTC)
Rank: Super forum user
Canopener

Ah, a slightly more interesting one. A casual employee is still an employee for the purposes of RIDDOR and this MIGHT be reportable depending on the situation. For those that aren't aware, in very simple terms, a casual employee is one which can accept or decline the offer of work as they wish. They might work 1 day a year for a particular employer or some more frequent or regular.

They key question to ask/answer is whether the injury would have resulted in them from not being able to carry out their normal work (for you) for a period of over 7 days not including the day of injury. The fact that they are still 'suffering' is largely irrelevant to RIDDOR.

Now here is the conundrum. Clearly if they had have been expected/rostered/required due to work in the day/days following the accident/injury on the 19th, but couldn't for a periods of >7 days, then this would be reportable. However, if they weren't expected to work until the day that they actually returned (today), then the question remains as to whether this would be reportable or not. Interesting! I would be inclined to use the 'test' of whether they would have been unable to do the work, IF they had been asked to do so and take it from there.

Hope that makes sense?
Mr.Flibble  
#4 Posted : 06 August 2012 17:20:34(UTC)
Rank: Super forum user
Mr.Flibble

The other angle you could look act (which has been discussed on here before) did the person actually injury themselves at work? Did they do it in the gap between working but they are looking at claiming. Doesn't really help you much but just food for thought!
lisar  
#5 Posted : 06 August 2012 17:29:16(UTC)
Rank: Forum user
lisar

Thanks all :)
Lisa Boulton  
#6 Posted : 07 August 2012 10:40:19(UTC)
Rank: Forum user
Lisa Boulton

Just to add for information as we had a simliar case with a casual years ago, was did the IP work elsewhere when not working for you during the 19 July and 6 August?

The case we had resulted in a civil claim and we defended it as they were working elsewhere as a casual doing a similar role when they were 'unable' to work for us.

So though not a direct reply to your RIDDOR question it is just something else to bear in mind.

Regards Lisa B
saferay  
#7 Posted : 07 August 2012 15:55:40(UTC)
Rank: Forum user
saferay

There may be a number of questions that need asking and answering here.
Q1. Does the injured person (IP) claim to have been injured at work?
A. No-not reportable. Yes-next question.
Q2. Following the Xray were any fractures diagnosed?
A. Yes-reportable. No-next question.
Q3. Was the IP due to be at work on any day up to and including the seventh day following the incident?
A. Yes. Q. Did he turn up? No (if due to his injury)-reportable. Yes-not reportable. Q. If he turned up, was he fit to undertake his normal duties within seven days of incident? No-reportable. Yes-not reportable.
If the answer to Q3 is no, Q. Would he have been fit to return to work within seven days if requested? A. Yes-not rportable. No (if due to his injury)-reportable.
I believe this should provide the answer to your question.

Regards safe_ray
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