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wombleflow  
#1 Posted : 10 July 2015 11:21:36(UTC)
Rank: Forum user
wombleflow

I may be being cynical but I have been contacted by one of my employees to see where he stands. He is working daily but has now told me that he is getting pain in his wrist. When I asked him how it happened he has said that he injured it 3 months ago whilst lifting a 8 x 4 plasterboard. The board slipped and he tried to catch it which ended up hurting his wrist.
He didn't report it at the time as it was just a sprain but has told me that he went to see the doctor 5 weeks later who told him to wear a support strap and rest it as much as possible.
He is now concerned that here might be some long term damage as it is still hurting, I have advised him to visit the doctor again.
Has anyone got any thoughts on where he stands and where the company stands considering today is the first time I have heard of it?
Jimothy999  
#2 Posted : 10 July 2015 12:25:48(UTC)
Rank: Forum user
Jimothy999

Not a lot we can really say from here, this is one for investigation. Suggest you ask him outright why he didn't report the injury initially, it may tell you a lot about the perception of H&S by this individual and perhaps more widely. Ask him if there were any witnesses and ask his supervisor and workmates if he mentioned any pain at the time or since that might corroborate what he is telling you.

Keep an open mind and investigate. In my experience, people who lie about having an accident at work (as opposed to playing football at the weekend) are rarer than those who simply don't want to make a fuss about a genuine accident or fear reporting one. The former category certainly exist though so only careful investigation will tell you which one it is if at all.

Finally, remember that any personal injury claim that may arise will be decided on balance of probabilities. There is normally an assumption that an IP's version of events is true unless there is evidence to the contrary, so at the risk of labouring the point too much, thorough investigation and recording of evidence is needed for you to decide if you agree with his account.
alexmccreadie13  
#3 Posted : 10 July 2015 14:45:54(UTC)
Rank: Super forum user
alexmccreadie13

Womble my initial comment would have been not reported so not our problem.

BUT Jimothy hits the nail on the head we had exactly the same type of claim and dealt with it as Jimothy stated.

Operator came of a job back to our Depot ,handed in paperwork talked to Office and Depot Manager and said nothing.

Sunday he rings in to say he had an accident on the site on the Friday but did not put it in the book or report it. Neither did he report it in the Depot.

He has not been back at work yet 4 weeks later.

We have been to site and got statements from the contractors he was working with who assisted him in putting the equipment away and they seen no accident.

We now await his return to work . Fully investigate or you could lose any claim.

Strange thing is our IP hurt the ligaments in his shoulder and yes Sunday morning he was clay pigeon shooting. Investigate and get some aces in your pack.
wombleflow  
#4 Posted : 13 July 2015 09:23:14(UTC)
Rank: Forum user
wombleflow

Thanks Jimothy and Alex. Time to get my investigators hat on
pl53  
#5 Posted : 13 July 2015 10:15:37(UTC)
Rank: Super forum user
pl53

This whole thread seems to be centred around whether the IP had an accident at work and how a claim can be avoided.
What about investigating whether there were adequate SSoWs for handling plasterboards and if so were they followed?
Also. why would someone not report an accident, what would be the factors involved there?
Do you actively encourage reporting, do you see accident rates as a positive or negative thing?
Do you see all accidents as a potential claim, do you proactively try to avoid accidents because it is the right thing to do or because low accident rates look good to the bosses?.
I have no idea about the culture where you work but believe me I have come across all of the above in my working life.
wombleflow  
#6 Posted : 13 July 2015 16:00:38(UTC)
Rank: Forum user
wombleflow

Hi PL53

Looking back at my original question it does seem to read that way, that wasn't the case although I am being cynical about the operatives motives. I was looking to see what other people thought as I felt that investigating something that occurred 3 months ago on a project that is no longer running was going to be, in reality more of a tick box exercise than something that will highlight issues that I am not already aware of and have documented.
The company historically has had poor reporting of incidents and accidents and I am trying to encourage everyone to report everything so I can see what is actually going on rather than getting what people think they want me to hear.
In fairness I think a claim might be a good thing and might start getting me the support that I need to implement a complete culture change across the company and it's subcontractors.
If you have any thoughts or ideas they would be most welcome.
PIKEMAN  
#7 Posted : 13 July 2015 16:10:47(UTC)
Rank: Super forum user
PIKEMAN

I experienced this on several occasions when I worked for some very big, shiny Companies with a great safety record. Who also had tough and robust policies on accident reporting. To put it simply "if it wasn't reported at the time, it didn't happen at work". End of. This stops late claims dead in the water. By all means investigate but I would not accept that it happened at work. Not after this length of time.
pl53  
#8 Posted : 14 July 2015 07:27:50(UTC)
Rank: Super forum user
pl53

Claims are a problem to a certain extent, but the best way to prevent claims is to prevent accidents. As for late reporting of accidents, your company should make that a disciplinary matter in my view. That's not being heavy handed it is enforcing a policy of accident reporting. In line with that there should be active encouragement of reporting all accidents however minor. It's up to you how you categorise accidents after that.
Jo963  
#9 Posted : 17 July 2015 18:46:13(UTC)
Rank: Forum user
Jo963

Hmmm....

I would accept the incident report as normal, but make clear in the report the gap between the date of the alleged incident and the report being completed. I would then investigate thoroughly, involving the individual, the line manager, any witnesses and relevant any safety reps.

I would also give the heads up to any legal dept/bod the organisation has to alert them to the possibility of a future claim at this stage - they may have some useful advice on how to proceed investigation wise.

I wouldn't advise going down the disciplinary route personally.
KieranD  
#10 Posted : 19 July 2015 19:01:09(UTC)
Rank: Super forum user
KieranD

Wombleflow

From your accounts, the incident appears to be within the scope of the Manual Handling Operations Regs. and that the employer should have trained the individual and his supervisor to handle loads appropriately as well as to recognise symptoms of likely injury

Musculoskeletal injuries can be very difficult to recognise and assess validly. If he were to make a legal claim eventually, how would you respond to a question 'Why didn't you refer the IP for assessment by a registered physiotherapist or osteopath who specialises in the condition reported?
Steve e ashton  
#11 Posted : 20 July 2015 11:33:55(UTC)
Rank: Super forum user
Steve e ashton

Just to be pedantic kieran... The manual handling regs do not explicitly require training. I think they may be unique in this respect!
thanks 1 user thanked Steve e ashton for this useful post.
aud on 11/01/2021(UTC)
jodieclark1510  
#12 Posted : 20 July 2015 11:41:45(UTC)
Rank: Super forum user
jodieclark1510

I would conduct a full investigation and ensure it is noted there is a time lapse between event occurring and event reporting- this does limit you somewhat- I know I have been there, though mine was over a wet floor that was reported 3 days later- Can I dis/prove the floor is wet? I would only know if the wet floor spoke to me. You need to make sure you do everything in your power to get as much information as possible before coming to any conclusions, but be prepared that sometimes you may have to put your hands up and say you can't give a definitive answer due to reasons X, Y and Z.
Arriuslion22  
#13 Posted : 09 January 2021 05:22:13(UTC)
Rank: New forum user
Arriuslion22

It is usually not a legal requirement to report accidents at work as much as it's company policy. A company in this position wants to know about all accidents that occur so they can respond appropriately and avoid future legal action.

Alan Haynes  
#14 Posted : 09 January 2021 08:15:27(UTC)
Rank: Super forum user
Alan Haynes

Reported
thanks 1 user thanked Alan Haynes for this useful post.
peter gotch on 09/01/2021(UTC)
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