Rank: Forum user
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How long should an organisation hold on to completed accident reports / old accident books? I believe it is three years. Can someone please clarify. Thanks.
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Rank: Forum user
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It has always been my understanding that it is 3 years however, if the Injured person is under 18 years of age it needs to be held until 3 years after their 18th birthday.
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Rank: Super forum user
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Recently I was able to send an ambulance chaser "on his way" because of a detailed 8 year old accident report package.
They tried to make out a recent knee "problem" started with this old accident.
They were obviously banking on us not having any records
My answer is keep this stuff "forever".
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Rank: Super forum user
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walker wrote:Recently I was able to send an ambulance chaser "on his way" because of a detailed 8 year old accident report package.
They tried to make out a recent knee "problem" started with this old accident.
They were obviously banking on us not having any records
My answer is keep this stuff "forever".
Interesting! I was always under the impression that in instances such as you cite, if they hadn't claimed within the 3 year window then it was tough luck?
Wouldn't the case be defended successfully by the mere admission by the IP that the injury due to the recent accident was actually caused 8 years ago without the need for an accident report? I.e. they told you the injury was 8 years old then by default they now cannot claim? (I'm sure a previous employer has successfully used this reasoning...).
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Rank: Forum user
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Fair point and with electronic accident reporting it is much easier to keep for longer than 3 years. The old paper records/books were a bit more of a problem.
We moved office last year and were getting rid of paper accident forms going back to the early 90's as we have nowhere to store in the new office.
Clearly with a more serious incident it is prudent to keep the records (and investigation findings) for as long you feel the need.
I believe although I have no hard evidence that most of the "no win no fee" firms ask potential claimants at the outset "have you had an accident in the last three years" if beyond that they find it difficult to give reasonable odds of success (enough for them to take it on anyway) although as in your case they can still "try it on."
Any potential asbestos exposure incident reports get kept for 40 years.
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Rank: Super forum user
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I have an advice note published by Pinsent Masons in 2012, (try your local search engine for a copy), detailing the various time limits for a variety of causes of action specified in the Limitation Act. According to the document negligence claims can be 6 yrs after the event or 3 yrs after you knew you had reason to claim if it is longer than 6yrs (Sections 2 and 14). Personal injury claims have a limitation of 3 yrs (Section 11). There are other time bars but they are not really H&S related. So you may wish to keep a record for more than 6yrs if a claim is likely to be negligence related rather than injury related. Just a thought.
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Rank: New forum user
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I think the recommendation is due to the general limitation to claim 3 years from diagnosis of a condition/ailment, not necessarily the initial accident?
Pretty sure there are a couple of longer exceptions to this but can't think of them off the top of my head.
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Rank: Forum user
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Anything occ health related we would keep for 50 years (e.g. asbestos, chemical exposure etc. - not that we have had any yet, I hasten to add!).
As some other posters have said, the three year PI limitation clock starts ticking when they become aware of the complaint, which could be significantly after the incident in very rare cases. Unless document storage is an issue, you may as well keep them for as long as you can.
Stu
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