Rank: Forum user
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Operative phones in on Monday 18th Aug to say that he injured his knee in work on the previous thursday 14th and would not be in work till it eases off. This accident was not mention until the telephone conversation, so not entered ito the accident book. operative worked as normal on Friday 15th and never mention any injury to his work mate on either day. There were no witnesses to "Accident"..
Operative returned to work on Tuesday 26th and 27th and is now off agin with same alleged injury.
No doctors notes have been received.
Riddor or Not ??
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Rank: Super forum user
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What is the allegation / circumstances of incident Paul?
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Rank: Forum user
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Kitchen stripout and re-fit.
The hob Ip and workmate removed was allegedly resting against a wall and IP said he walked into it and bruised his knee.
As stated in initial post, No witnesses.
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Rank: Super forum user
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We've had this debate any number of times and I hate to say it, but the answer is ‘up to you’. Rightly or some might argue wrongly, there are 'legitimate' reasons why people don't report accidents/injuries in the first instance, often because at the time they were 'minor' but subsequently became more troublesome. In the real world this happens.
A Drs note (Med3) is not normally required for the first 7 days (the absence appears to be 8 - 10) but as such a Med 3 is not a prerequisite in order to fulfil your duties under RIDDOR. You can (and probably should) insist on a Med3 in order to pay either SSP and/or CSP but this is seperate from your RIDDOR duties.
Of course, it would be nice if every accident had some sort of (independent) witness, but with my feet placed firmly on the ground ……….. RIDDOR isn’t dependant on witness corroboration.
IF he is off for the reporting period, OVER 7 days which your post suggests (18 - 25 inc, 8 days or possibly 16 - 25 inc 10 days) NOT including the date of the incident (but including weekends) then as long as you accept that this was an injury at work (albeit reported ‘late’) then I suggest it would be reportable if that period has been 'tripped'.
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Rank: Forum user
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Paul.
He was off work for over 7 days, and unable to do his normal work, so there is no issues there - it needs reporting.
However........... you also need to consider whether the accident was related to:
a, the way in which the work was carried out. ie manual handling or storage.
b, any plant, machinery used
c, the condition of the site and location. ie uneven floor or poor access routes.
if any of the three factors were related to the accident then yes report it, however if he simply walked into something without any cause, then no. Only you will be able to answer if any of the three criteria are relevant.
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Rank: Super forum user
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You also need to consider whether the accident actually happened at all? I would speak with any witnesses to confirm that he had the accident and then follow the aforementioned (and very good) advice.
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Rank: Forum user
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Animax01 wrote:You also need to consider whether the accident actually happened at all? I would speak with any witnesses to confirm that he had the accident and then follow the aforementioned (and very good) advice.
As stated in earlier post, No witnesses and suspect "IP" is about to fabricate a fraudulant claim , going by what has been said to his collegues.
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Rank: Super forum user
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Ask for proof of injury, photo of damage to knee etc. Did they go to doctor, hospital, see first aider anything? There had to have been some mark to warrant so much time away from work. See what falls out of the woodwork. If they are still having problems say you will arrange for a company doctor to assess him.
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Rank: Forum user
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I may be synical but to me it sounds like he hurt it over the weekend and either fancied some time off or wanted to make a claim to gain some compensation (we are heavily in a world of personal injury claims and increased costs/bills etc).
Is he due to be laid off for any reason? (financial)
Does he play any sports?
You say he was working with a colleague/workmate, where was he when the alleged incident took place?
If still having a problem with it there should be some medical notes, request these if he declines then would say to me that he is fabricating things a little.
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Rank: Super forum user
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Wow. The job of a H&S person's changed since I was a lad.
I've never seen it as my place to verify injuries. I'll share whatever I learn but there's better paid and more qualified people than me for that stuff.
OP, remember that the over 7 day thing is 'consecutive' days.
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Rank: Super forum user
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Hi
Best thing to do would be to carry out and document an accident investigation, including interviews of the IP and any others on site.
Then make your conclusions, as to probability. If you think it is likely that it is not work related, then state that in your conclusions.
Ian
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