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Mhuirem  
#1 Posted : 07 June 2017 12:06:59(UTC)
Rank: Forum user
Mhuirem

If a person has had an accident (they slipped), 10 days after the accident they went off sick and are claiming the injury they are off sick for is due to the slip.  RIDDOR requires you to report within 15 days, but since he only went off after 10 days and is now off for 7 days, is this still RIDDOR reportable.  I believe it is but my manager thinks not. 

DavidGault  
#2 Posted : 07 June 2017 12:13:30(UTC)
Rank: Forum user
DavidGault

I agree with you.  The regs don't specifically say that the 7 days have to be immediately after the accident and I can envisage some injuries taking time to get worse.  A few years ago I twisted my knee and it was ok for a few days before suddenly becoming very painful.  So I can imagine some injuries getting worse and if they are attributable to a work acciednt they should be reported. 

I suspect the people who drafted the regs assumed any period of 7days off relating to an accident would be as an immediate consequence and not the scenario above.

WatsonD  
#3 Posted : 07 June 2017 12:38:51(UTC)
Rank: Super forum user
WatsonD

I seem to remember the repsonse by the HSE to a question similar to this saying something along the lines of the 'causal chain' being broken and therefore it is not reportable.

thanks 1 user thanked WatsonD for this useful post.
Martin Fieldingt on 14/06/2017(UTC)
AndyJB  
#4 Posted : 07 June 2017 13:22:29(UTC)
Rank: Forum user
AndyJB

I remember a PI at HSE once telling me that it doesnt matter when the time off starts, it is, as WatsonD says, to do with the causal chain.  His (the PIs) view was the longer they are in work before they go off the less likely it may be attributable to the initial injury but, note of caution, it's never as easy as that as DavidGault's injury shows. 

So, presuming this meets the requirements of RIDDOR (i.e. work related and all that) then you can either go ahead and report it (after they've been off the required number of consecutive days), or you can try to investigate to see whether it should be reported or not.  By this I mean have they done themselves an injury elsewhere and are putting it down to the workplace slip.

As an aside it's worth remembering RIDDOR requires fatalities from injuries to be reported upto a year after the incident - just in case!

Don't you just love RIDDOR

thanks 1 user thanked AndyJB for this useful post.
Martin Fieldingt on 14/06/2017(UTC)
Mhuirem  
#5 Posted : 08 June 2017 09:22:50(UTC)
Rank: Forum user
Mhuirem

Wow, decisions decisions.  He has submitted a sick note stating knee injury and waiting now for a specialist appointment.  I can see this going for a claim!  I will try get some more info from IP and see where it goes.  Thanks all!

dennish  
#6 Posted : 09 June 2017 18:07:28(UTC)
Rank: Forum user
dennish

I agree with WatsonD i would not report it, i would make a note in the accident pack as to why, i would also hold some futher discussions with the IP as to what activities they did for the 10 day's to help understand.

Please see below from a previous thread information which i understand is freely accessable.

"We have raised a query with the Health and Safety Executive’s Advisory Team regarding the reportability of lost time incidents where the IP did not take any time off immediately following the incident, but may have taken time off or undertaken restricted duties at a later date. On these occasions, by the time we have been made aware that the IP has been off for more than 7 days it is over the 15 day deadline for reportability and potentially this would be a late report, but we have submitted these reports under RIDDOR as the guidance (L73) used to include the following reference: However there will be cases when the reportable injury or condition resulting from the accident will either be: A) unrecognisable without a medical examination which is conducted only after some delay; or B) delayed for some time after the accident In such cases the notification ( and report) required by Regulation 3(1) should be made as soon as the injury or condition has been confirmed. Since the introduction of the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 the guidance that accompanied the Regulations (known as L73) has been withdrawn but we have continued to make the reports if the period of absence or lighter duties was not immediately following the original incident but could be attributed to a specific incident. The HSE have now provided us with the following response following our query to them: Therefore for accidents resulting in the over-seven-day incapacitation of a worker, you must notify the enforcing authority within the 15 days of the incident. Although the responsible person may not know that the incident is reportable until notified that the Injured Person (IP) will be off for more than seven days, it would be expected that through internal accident procedures they are aware of the incident and therefore should know that there is a possibility that it will need reporting. For the over seven day incapacitation to be reportable the time would start from the day after the incident. If there is a gap between an incident and the start of any incapacitation this would not be reportable as there has been a break in the link between the two.  Going forward please note that we will not be classifying and reporting lost time incidents under RIDDOR where the IP has not taken time off or undertaken lighter or restricted duties immediately following an incident, even if they are off for more than 7 days at a later date."

thanks 2 users thanked dennish for this useful post.
WatsonD on 12/06/2017(UTC), Martin Fieldingt on 14/06/2017(UTC)
DProsser  
#7 Posted : 13 June 2017 18:08:59(UTC)
Rank: New forum user
DProsser

Although it is not RIDDOR reportable, you would be wise to investigate the accident and gather as much evidence as possible, including a statement from the IP and any witnesses. Report and record internally and keep the records for a minimum of three years. Not only will you hopefully identify causes of the accident and put control measures in place to prevent a re-occurence but Should the IP make a claim you will have this information to defend the claim. 

chris42  
#8 Posted : 14 June 2017 08:15:37(UTC)
Rank: Super forum user
chris42

Originally Posted by: dennish Go to Quoted Post
If there is a gap between an incident and the start of any incapacitation this would not be reportable as there has been a break in the link between the two. 

But unfortunately, this is just anecdotal evidence as there is no mention of this on the HSE web site or in any HSE guidance. 

In fact, these sentences suggest they accept that there could be a break due to needing medical examination, but still be reportable. Quite contradictory.

Originally Posted by: dennish Go to Quoted Post
However there will be cases when the reportable injury or condition resulting from the accident will either be: A) unrecognisable without a medical examination which is conducted only after some delay; or B) delayed for some time after the accident In such cases the notification (and report) required by Regulation 3(1) should be made as soon as the injury or condition has been confirmed.

hilary  
#9 Posted : 14 June 2017 10:38:41(UTC)
Rank: Super forum user
hilary

I think this is reportable.

It's easy to twinge a back or twist a knee and then not realise the extent of the damage at the time and this only becomes apparent after using said part of body for a few days at which point repeated use causes swelling and soreness which would not have happened but for the original incident.

I would say that you should report it when the 7 days are up.

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