Rank: New forum user 
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Hi I am looking for opionions on the following scenrio.
We have a colleague who had an accident on the first week back in the New Year. They slipped on some on a pool of water that occurred from a leak. As it was the first day back and he was switching machinery on to start the factory up. He had the incident reported it the Accident Investigation was completed etc and they continued work and did not have any time off sick following the incident.
This week they have phoned in sick stating the reason for absence is due to the accident they had earlier in the year. As they will have had a full working week off would this now be a 3 day reportable?
I am on the fence as to what side this will fall.
Thoughts and advice please.
Thanks
Willie
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Rank: Forum user
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I would report it as a 3 day RIDDOR as they have stated the connection between the original incident and the time off sick.
It can always be "rejected" by HSE and you've lost nothing.
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Rank: Forum user
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As Amberlight says - it is reportable if the injured party is claiming the time off work is because of the accident they had. There is no 'cut-off' time following the accident where it would not become reportable stated in the regs. However, as Amberlight says - it can always be classified as 'non-reportable' by the HSE but you have covered your angle in terms of the legal requirement.
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Rank: Forum user
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Agree with the other posters....
An injury resluting an incapacity for over 3 days (over 7 days in GB from 6th April 2012, and NI from April 2013) is reportable regardless of when the injury took place and whether or not there is a gap between the injury and the absence/incapacity. Similar to a fatality being reportable that arises a year after an injury is sustained that directly caused the fatality.
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Rank: Forum user
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Agree with all other posts, how would anyone know if it had been rejected by the HSE ?
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Rank: Super forum user 
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Generally agree with the other posts, but this is assuming that the reason they are off work can be linked to a fall. I does seem a long time between the incident and the time off. Guessing they are claiming they hurt their back.
I would probably suggest the IP that as I may need to report this to the HSE are they/ why are they certain that the two are linked. Ask if it would be ok for you to contact their doctor to confirm, or do they feel it could have been something else that has happened to them recently. I would do this just to see the reaction, I wouldn't contact the doctor. See what fall out the woodwork after.
But if they slipped on something that was leaking in the building and this did cause the injury / time off it is reportable. But I feel more questions are in order first.
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Rank: Super forum user
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Be pragmatic about this and report it to HSE, job done. Follow this up with an investigation into what happened and be prepared for a claim. This one has the hall marks of a claim coming in but you will find it hard to get full evidence to defend it. There seems to be quite a lot of very old cases both in the H&S field and other areas of law some dating back 35 years that the powers that be seem hell bent on taking up with very disterbing results for those involved.
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