Rank: Forum user 
|
I have been informed by a H&S consultancy that an incident is only reportable if the days off due to the injury follow on from the incident that caused the injury without a break.
The Scenario is that the IP took 3 days off following the injury, returned to work for 3 days and then stated that due to the injury he cannot work and has been off a further 10 days to date.
I see this as reportable injury as the incident caused an injury that has meant more than 7 consecutive days off work.
Your thoughts would be appreciated
Regards
PaulR
|
|
|
|
|
|
Rank: Super forum user
|
There's nothing in RIDDOR to say that any inability to perform all your duties should happen right after the injury.
I would be seriously questioning your consultancy to find out their reasoning - they may have more in their mind than just the dates?
At this moment I'm working with an employee who suffered a fracture while working. He came to work the next day ( a Friday) and only went to hospital on Sunday. I've had other employees like this, one worked with a broken wrist for a week until his wife made him get it seen to.
|
|
|
|
|
|
Rank: Super forum user 
|
We have discussed this sort of scenario a number of times. Personally I would suggest that there are occasions where there is a 'latent' period between the injury and the person subsequently going off sick due to that injury, maybe because they were trying to 'soldier through" or because by continuing work the problem became worse or whatever; there are some reasonable and justifiable reasons why there may be a such a delay (and of course some more spurious ones as well!).
I am not convinced that the consultancy is correct.
|
|
|
|
|
|
Rank: Forum user 
|
Based on my previous understanding of RIDDOR I would have suggested based on the information that you have provided that this would be a RIDDOR. They were unfit for work as a result of the incident for more than 7 days.
However the latest HSE guidance on RIDDOR on their website actually states the following:
Over-seven-day incapacitation of a worker
Accidents must be reported where they result in an employee or self-employed person being away from work, or unable to perform their normal work duties, for more than seven consecutive days as the result of their injury. This seven day period does not include the day of the accident, but does include weekends and rest days. The report must be made within 15 days of the accident.
So maybe not?!?
|
|
|
|
|
|
Rank: Forum user
|
Having re-read your note - you say they were off for 10 days for the second period - this was still over 7 consecutive days - so I would still say - yes - RIDDOR!
|
|
|
|
|
|
Rank: Forum user
|
Paul,
If the 7 consecutive days are as a result of the injury then this is reportable, as others have stated it does not have to be 7consecutive days immediately following the accident.
I would challenge the advice given to understand how or why they came to that decision.
|
|
|
|
|
|
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.