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jodieclark1510  
#1 Posted : 09 February 2015 11:05:09(UTC)
Rank: Super forum user
jodieclark1510

Hello,

Wondering if I could get any insight at all?

I had a lady slip over on a wet toilet floor on Monday night last week when she was finishing work. We have worked out the cause of the accident and have acted upon it. She had 1/2 day holiday Tuesday am and returned to work Tuesday pm and all day Wednesday. She is now off sick with back pain. She saw her GP Thursday morning and I was told of the actual accident Thursday afternoon. It is known she has back pain from an accident before she began working for the company and wears a brace on bad days, so the accident may not have caused the initial injury but rather exacerbated an existing one.

I have not been in this position before and am wondering, due to RIDDOR stating the incapacity for 7 days consecutively, does this mean the count up for a potential RIDDOR would begin on the Thursday when she called in sick?

Any help would be really appreciated

Thank you in advance
safetyamateur  
#2 Posted : 09 February 2015 11:29:39(UTC)
Rank: Super forum user
safetyamateur

That's my understandding. Doesn't have to be immediately after incident. But you may also find, after talking to her, that she wasn't 100% on those days she came in.
Sunstone  
#3 Posted : 09 February 2015 11:31:55(UTC)
Rank: Forum user
Scotty C

Hi Jodie

All of the 'return to work for a day and half' and the 'pre-existing conditions' can just muddy the waters as far as RIDDOR is concerned (and we know how well these regs are written.....)

If the lady is claiming the slip on the wet floor exacerbated her sore back, causing her to have time off, I would count her days from the day following the accident - so the Tuesday not the Thursday.

Cheers.
Sunstone  
#4 Posted : 09 February 2015 11:38:40(UTC)
Rank: Forum user
Scotty C

safetyamateur wrote:
But you may also find, after talking to her, that she wasn't 100% on those days she came in.


Agree totally with this advice - as she has gone off so soon after the injury, it is likely that she wouldn't have been 100%, but worth clarifying.
jodieclark1510  
#5 Posted : 09 February 2015 12:37:41(UTC)
Rank: Super forum user
jodieclark1510

Thank you for your replies they are really appreciated-RIDDOR is a bit of a slippery slope in reality.

I have been told by her manager she is looking to return to work tomorrow- I will speak to her manager again and ask if she had been wearing her brace recently and take it from there.

Thank you again

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