I have recently been in a similar position. Key point is to make sure that you have records of training for as far back as possible, and check to see if they have been off before with a similar injury. As far as I know in our case it wasn't reported, but this occurred about 3 years before I started so I'm picking up the end of the case.

Get them to write a full report - where it allegedly occurred, when, was there any witnesses, why they didn't report at the time (they went on holiday perhaps and forgot about it). Speak to their line manager and ask whether they mentioned anything either at the time or later (say within a month initially), whether they consulted their GP / physio or A&E etc either at the time or in the weeks following the alleged incident. Speak to any witnesses and get written statements.

Is the accident / incident reporting policy available / do all staff know about it / has the person received training on what and more importantly, when to report incidents. Is this documented?

Contact HR and ask if the person has any history of similar injuries e.g. back pain and was off work 2 years ago sort of thing.

Ask if they play sport / do other activities (they may not provide you with this information if they are seeking a compensation claim but any lawyer would likely ask this).

If you have a company lawyer, speak to them now. The person might not claim but better to be ready to roll with a response and have as much information ready to send off to them (policies / procedures / training records / attendance records etc).

Legally they have a duty to report accidents / incidents so the court would be interested in finding out why they didn't. If there are clear reporting procedures and they failed to adhere to them, it would not help their case as far as the court were concerned!

The injured person can still report this via the Industrial Injuries Disablement Benefit Scheme.

https://www.gov.uk/gover.../300370/bi100a_print.pdf

If the person has "formally" informed you, all be it this late, you may be found not in full compliance with the requirements of the accident book i.e the Social Security (Claims and Payments) Regulations 1979 as amended as there is no explicit time limit and if the report is late, it is mostly to the detriment of the injured party unless there are valid reasons.

Intent & Scope of the Legislation:

• Regulations 24 & 25 cover the obligations of employees and employers with regard to recording and investigation of accidents resulting in personal injuries for which claims for Industrial Injury benefits may be made.

Regulations 24 requires employees (or other persons acting on their behalf) to give notice of accidents in writing or orally as soon as practicable to the employer with particulars specified in the accident book

Regulation 25 requires all owners/occupiers ( being employers) within the scope of Factories Act 1961, Mines, Quarries and all other employers who employ 10 or more in connection with a trade or business to keep readily accessible “approved accident book” or equivalent at so that employees can enter details of personal injuries.

Requires employers to preserve records of for 3 years from the date of last entry

Regulation 25 requires employers to investigate circumstances of the accidents notified and records any discrepancies found as a result of the investigation

Regulation 25 requires employers to provide specified particulars of the accident or the alleged accident, when requested by an officer of the Department of Social Security (now the Department of Work & Pensions, Benefits Agency) within a reasonable period of time.


Obviously, it is up to your employer to follow through and if warranted, commence disciplinary proceedings as to the late reporting of the accident in violation of you policy/procedures so that an example is made and those considering taking advantage are deterred..

Thanks all

If the employee cannot give a definite date of the alleged injury only a rough time of when it happened, how do I record it.

Hi Mick. Did they give a reason as to why not? I have a similar case at present and would be interested to know this

Our experience is similar to Mick’s. An employee fell over at work and suffered a minor injury. He returned to work the following day and reported it and we duly recorded it. It was obviously not a RIDDOR so we left it at that.
Six months later he puts in claim saying that the fall had exacerbated a pre-existing condition and he needed to have a hip replacement operation. Should this have been a RIDDOR? We contacted the HSE and they said no as there was no clear link between the fall and the hip operation other than the injured party’s say-so.