Rank: Forum user
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First of all apologies as this question has no doubt been raised before, but I cannot find a definitive answer!
Scenario = An employee has an accident and suffers a non reportable injury. They return to work after 2 days. They then go off sick again for more than 7 days due to a secondary illness that obviously wold not have happened if the accident did not occur, but arguably only did happen because they did not take care of their original injury (the exact reason will never be known).
RIDDOR reportable or not?
Forgive my bluntness, but I am not looking for "well you should really", or "well what was the secondary illness?" kind of answers here, this questions has come up from time to time and its high time that it was put to bed with a correct interpretation of exactly what an employers duty is in this scenario, by someone who knows and that clearly is not me!
Kind regards
Paul
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Rank: Forum user
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'correct interpretation of exactly what an employers duty is in this scenario'
Good luck with that!
I would say no unless you can confirm that the sickness is a direct result of the original accident. If its a case that they cut themselves and then get an infection a few days later because they didn't keep it clean or something along those lines, I would say no.
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Rank: Super forum user
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RIDDOR is for reporting injuries connected to work, not secondary conditions. If I cut my hand and require stitches but return to work after 2 days then that is not reportable. If that cut then becomes infected causing me to take further time off work it is still not reportable because it is secondary to the injury. A separate medical condition.
There probably needs to be a bit more info forthcoming in your case Paul to make a judgement but in this scenario the injury is not reportable.
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Rank: Super forum user
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Rank: Super forum user
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quote=Paul911]They then go off sick again for more than 7 days due to a secondary illness that obviously wold not have happened if the accident did not occur,
From INDG453
Employers and self-employed people must report diagnoses of certain occupational diseases, where these are likely to have been caused or made worse by their work.
So for you to know and not us, was this illness a disease ? That would fit the above.
To be honest the info is to vague to answer properly. I can't help think if a person was made ill due to an accident all be it a few days later then it really is all part and parcel of the same thing.
The above scenario is interesting where a would became infected, I have reported such a thing in the past.
Will be interesting to hear the other opinions. As for being an expert no I'm not and don't want so many accidents to become one. Why not ask the HSE.
Chris
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Rank: Forum user
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pl53 wrote:RIDDOR is for reporting injuries connected to work, not secondary conditions. If I cut my hand and require stitches but return to work after 2 days then that is not reportable. If that cut then becomes infected causing me to take further time off work it is still not reportable because it is secondary to the injury. A separate medical condition.
There probably needs to be a bit more info forthcoming in your case Paul to make a judgement but in this scenario the injury is not reportable.
I second what pl53 says as we had a similar incident last year and I wasn't sure so contacted HSE for advice. Our scenario was and employ cut his finger and attended local GP surgery for initial treatment and returned to work the same day. After attending the GP surgery a few days later to have wound checked/dressings checked it became clear that the nurse hadn't cleaned the wound properly (to which she admitted she had concerns) and it had become severly infected which resulted in surgery under general aneasthetic to clean the wound (it was so bad there was a risk our employee would lose their finger but thankfully that didn't happen). Anyway employee was then absent for more than 7 days.
HSE informed us that the fact that they had returned to work following the initial incident (cut to finger) broke the chain of events between the initial work place accident and the subsequent infection and therefore it was not reportable under RIDDOR.
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Rank: Forum user
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Excellent, thank you all for your replies. I am also agreed that it is not reportable.
Kind regards,
Paul
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