Rank: New forum user
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After an accident at work ( RIDDOR) the injured person suffered a traumatic injury. And will be off work for many months.
I have begun the investigation however he says that he can not be interviewed at this time because remembering the incident makes him very anxious/stressed and he has to keep calm to aid his recovery. I therefore felt that I could not knowingly expose him to harm.
I have informed HSE and they too are not interviewing just yet, but will be sending out a letter asking the injured person to contact them for an interview.
Obviously his statement plays a key part in the investigation
The incident happened 9/07/15
What should I do and when ?
Do I need to ask for medical proof that this would be too stressful At this time we are trying to maintain a supportive role and I do think that he is genuine . If not now when should I insist . Two months ?
How long should I leave it before inviting him to meet on a neutral site, with a relative to support him?
What if he starts to become agitated in the meeting ? Do I stop and try again another day?
I would appreciate some feedback from anybody who has interviewed an injured person presenting in this way and what they have done??
Please help if you can - normally I just interview people and this has thrown me :)
Thanks - first time posting !
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Rank: Super forum user
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Hi Christine,
You can't really compel this person to be interviewed, if he doesn't want to speak to you he doesn't have to. I would tread carefully and respect his wishes,
John
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Rank: Forum user
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Tough situation. You have my sympathy.
I'm sure that you've already considered how far you can progress the investigation in the absence of a statement from the IP. Best case there are other witnesses who can help you to understand what happened.
Otherwise perhaps worth considering whether it's possible for the IP to offer a statement with no requirement for an actual face to face interview at this stage? Perhaps the IP would be amenable to answering a list of q's presented in writing?
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Rank: Super forum user
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I agree with John tread carefully.
Do everything you can to investigate the incident without interviewing him, and keep careful records. Could try doing the same as the HSE and ask him to contact you when he is ready. Asking for medical proof and he could claim you have caused further stress and slowed his recovery.
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Rank: Super forum user
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Are you clear about what caused the accident or is it one of those where there are conflicting stories/information and you need his input for clarification? I would suggest the importance of his input would depend upon your confidence that you thus far have enough to be sure you can prevent a re occurrence.
Regards
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Rank: Forum user
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I had this in the past where the employee or subcontractor did not wish to tell what happened as its likely incriminating or they were waiting until they made up mind or conversed with others, you can advise them this would impact on what actually happened and affects preventative measures. I can only suggest these points:
1) Record in your investigation they dont want interviewed. If you have collected sufficent evidence from everyone else, then a formal letter from HR can be sent saying that the employee wishes to decline being interviewed and subject to evidence collected they face.....dependant on what you find of course
2) Record in your investigation they dont want interviewed and make best judgement (ballance of probabilities test), which will help move the actions on.
3) Send a letter that their statement is 'vital to finding out what happened and that you can only accept a letter from their doctors with reason for not providing a statement'. Your company needs to prevent what happened happening again, etc etc.
4) Ask them to speak to a company appointed doctor to see if they can/cannot advise truth of what happened - this has cost though!
5) Do nothing...
You can tell I'm not in favour of the last one.
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Rank: Forum user
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Good posts from all above. I suppose you are "stuck" for the time being on their statement being produced - but follow the advice.
I would also in the absence of the injured parties statement make sure you have closed off all other factors involved in the accident. For example we are not in a position to say that it was the injured parties fault, or contributed significantly to the outcome. So, I would make sure all other factors are tested and recorded - just in case. Do all the e-stops, interlocks, environmental factors, 3rd party statements etc add up. If not, then take action to make sure they do.
You don't want a reccurance happening whilst still waiting for a statement, because you assumed the guard (or whatever) was ok.
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Rank: Super forum user
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The other problem is that the longer you wait the more their memory of events will go and the more they may be influenced in what they eventually do say by others.
I like the approaches noted above of possibly writing down some questions and /or asking them to contact you when they feel able.
Being cynical are they too traumatised to answer questions or do they just not want to, while they get their story together. Not much you can do, but I would not be able to help wondering. Have they spoken to colleagues about the incident ?
Chris
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Rank: Super forum user
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I suppose you could wait until the HSE interview him and either ask to be present or for a copy of the interview. Meanwhile, there is nothing stopping you collecting all the available evidence including witness statements, etc.
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Rank: Super forum user
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I would suggest that you should include in your investigation a statement from you which details when you tried to interview him, where and what he said to refuse the interview. Also I would put in there something about sympathetic towards his feelings and as such you have not requested this or forced this. This is more of a backside covering exercise. This will show that you understand he will have something of value to say although you were unable to ascertain it.
I would do the rest of the investigation, wait until he returns to work and then do it as part of the return to work interview. If he still cant face talking about the activity that caused his accident the likelihood of him being able to carry the same task out confidently or correctly is reduced and therefore you may be looking at an HR route to support your H&S route. I'm not saying this will be the case but is a possible outcome.
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Rank: Super forum user
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You may be leaving yourself open to a compensation claim if you pursue the IP.
He is obviously very traumatised and may be suffering post traumatic stress.
If That is the case he needs to be seen by a specialist who may be able to aid his recovery.
I suggest you back off completely and as suggested do what you need to as part of the back to work interview.
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