Rank: Forum user
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I have a driver who has fractured his wrist and will be out of work for approx 2 - 4 weeks. I see that a fracture is listed as a "specified injury" under RIDDOR 2013. However, the incident happened 30 mins prior to his contractual start time of 8am when he stopped at a petrol station to buy a bottle of water. When he got out of our vehicle he slipped on ice and fell on his right arm. Am I correct in saying this is not reportable to the enforcing authority?
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Rank: Super forum user
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You suggest that he stopped off while commuting to work, not while at or arisising out of work. Therefore I would suggest that it is not reportable.
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Rank: Super forum user
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Rank: Forum user
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Thanks. For clarity, he was travelling to an appointment in Newcastle (from Scotland), so left very early in the morning. I guess this is expected in most jobs these days. But as you say it was not while at or arising out of work.
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Rank: Forum user
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Travelling to a meeting which is not your normal place of work may put a different slant on recordability.
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Rank: Super forum user
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he was at work [travelling on behalf of his employer] so technically it is reportable - but U need to evaluate the situation as slipping on ice 'in the normal course of things' may change things
I would investigate further to get a full picture before reporting/deciding not to report
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Rank: Super forum user
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There are always a few as more to ask in these circumstances buy by the info provided the matter is none reportable by you as his employer as this is not connected. You had no control of the hazard which caused the incident, ice. However, if the ip went directly to hospital for treatment. The matter will be reportable by the premises owner.
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Rank: Forum user
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DP, thanks - good point. After the incident he continued to work for the rest of the day (driving) before giving in to the pain and going to the hospital. He returned to the hospital the following day (no overnight stay). He is now talking about pursuing a PI claim, which was my fear, but it is my belief that the owner of the Petrol Filling Station should be reporting the accident to the relevant Enforcing Authority and have the accident figures on his record and not mine! Am I correct here? Thanks
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Rank: New forum user
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I would check it out as here in Ireland the employer is responsible for employees coming to and going home from work.
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Rank: Forum user
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Are you on good terms with your local EHO? I often turn to mine for advice on these matters. I think she appreciates the honesty. I also copy her in on any RIDDOR reports as I'd rather she heard from me first.
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Rank: Super forum user
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Any PI claim would go against the petrol station not you. You were not in control of the premises.
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Rank: Super forum user
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I think that it rather sad that the thrust of the OP now appears to boil down to whose stats the accident appears. Another ‘argument’ against those zero accidents/LTI initiatives.
#4 does perhaps change the situation and some might argue that given this additional information that he may have been at work, although any argument that the accident arose out of or in connection with work might be less convincing.
Overall I would still suggest not reportable under RIDDOR by the employer, although others may see it differently. It may however, be recordable as an accident in (your) the accident book.
I think it highly unlikely that any PI claim sent in your direction is likely to be successful. It would appear that IF there is liability that it will most likely rest with the occupier of petrol station.
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Rank: Super forum user
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As the employer and also as he was travelling during the course of work, long distance journey over and above normal travel to work, it is reportable to HSE under RIDDOR.
Allow him to make his claim and put that in the hands of your insurers who will no doubt contact the petrol station where the accident occurred and deflect the claim over to them.
Do it properly or come a cropper?
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Rank: Forum user
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Thanks for the input everybody. I decided to report it in the end, rightly or wrongly.
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