Rank: Forum user 
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Hi all,
So we have had an accident this morning and the Injured person has been signed of for 5 working days, which would bring them back before the RIDDOR 7 days off. The problem I have ran in to is that they have the later half of next week off so I feel they wont be returning until the 2nd of November would it still be classed as a RIDDOR or not. Any help would be much appreciated and thanks in advance
Kind regards
Ash
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Rank: Forum user 
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ashley84 wrote:
Hi all,
So we have had an accident this morning and the Injured person has been signed of for 5 working days, which would bring them back before the RIDDOR 7 days off. The problem I have ran in to is that they have the later half of next week off so I feel they wont be returning until the 2nd of November would it still be classed as a RIDDOR or not. Any help would be much appreciated and thanks in advance
Kind regards
Ash
Who has signed the person off for 5 days if the incident has happened today, don't you get 7 days before a note is required? Would he/she be able to do a normal working day if she/he didn't have holiday? If yes I wouldn't report it!
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Rank: Super forum user
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Ash
The over 7 days does not include the day of the accident but does include days when the person would not be working e.g. weekends.
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Rank: Forum user
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From HSE website:
Accidents must be reported where they result in an employee or self-employed person being away from work, or unable to perform their normal work duties, for more than seven consecutive days as the result of their injury. This seven day period does not include the day of the accident, but does include weekends and rest days.
As Colossians says, check work capability. Ask the worker on their return if they feel they would have been capable of normal work within 7 days of the accident. If they say yes then record it in a statement and that would be enough for me to say that the injury would not be reportable. I used to get this a lot when the reporting was over 3 days and would follow this protocol.
One other thing, absence of this kind just before booked holiday can be a bit of a warning flag to a false report. Before you report it, check with his manager to see if he/she asked for this time off as holiday but was refused, if yes then you may wish to keep that in mind when investigating what happened. Don't jump to conclusions though, go with the evidence.
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Rank: Super forum user 
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What counts is whether they are fit to work (and do their job as normal ie not light duties), not whether they are actually at work or not.
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Rank: Super forum user 
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Not reportable and not even a grey area imho.
Your employee has been signed off for 5 working days - not 5 working days plus the rest days which might take him over 7, but just, specifically, 5 days. This means it does not meet the recording criteria and whatever he does with his time after this 5 days, he will be fit to work so it is not recordable.
Of course, if his sickness is extended after this 5 day period and he is signed off again, then it will become recordable.
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Rank: Forum user
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I have to disagree there Hilary. The regs require reporting when the person is incapable of carrying out normal duties for more than 7 days, no mention of having to be signed off by a doctor for the lost days to count. Plenty of grey there I feel, much as we might all wish it otherwise!
Interestingly my understanding is if sickness of any type stretches into a leave period then the employee is entitled to claim back the leave 'lost' to sickness for use at a later date. Am I correct in that? If so then it might motivate some into clarifying when they were fit to work, making this judgement call a lot easier.
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Rank: Super forum user 
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I am with Hilary on this one. All you know at the moment is that the employee is not fit for work for 5 days=less than 7 days=no report. If the period extends to 7 days or more then all the detail about which days count become relevant and it would be reportable.
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Rank: Super forum user
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Ashley, let us know when he returns to work and and we'll advise you then
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Rank: Forum user
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I had this situation last year. I just waited for the IP to return to work then asked the question if during his planned time off he would have still been unable to carry out his normal duties. He confirmed he would have been fine to work so no RIDDOR.
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Rank: Forum user 
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If you have one or two sets of weekends between the five days then reportable, if it's over 7 consecutive days including weekends/rest days.
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