Rank: Forum user 
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Good Afternoon
We have a member of staff from our sports team that was out jogging on our sports field at lunchtime, they twisted their ankle and injured their knee on some uneaven ground at the side of the sports field (the uneaven ground was the result of some land surveys carried out in the previous weeks). The employee was taken directly to hospital, i have been informed they will be off work until later next week when they have to go back to the hospital (so over 7 days). At the moment i dont know the extent of the injuries but i know they have a leg brace. As its not a workbased activity then is it RIDDOR reportable? although over 7 days Im also concerned that we have members of the public using out site for jogging out of school hours, do we need liability signs displayed? Thank you for any advice
Edited by user 28 June 2018 11:14:31(UTC)
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Rank: Super forum user 
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Not RIDDOR - the seven day incapacity is for work related accidents and as they are an employee being treated at hospital does not count. A liability notice is not worth the expense - if a member of the public is injured you as the premises controller are liable even if they climbed over a locked gate. I would go back to the ground surveyor and ask why they did not immediately remediate damage (and if missing this time ensure it is included in any futher orders/instructions). Can your gounds maintainer make good?
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Rank: Super forum user
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Not RIDDOR - the seven day incapacity is for work related accidents and as they are an employee being treated at hospital does not count. A liability notice is not worth the expense - if a member of the public is injured you as the premises controller are liable even if they climbed over a locked gate. I would go back to the ground surveyor and ask why they did not immediately remediate damage (and if missing this time ensure it is included in any futher orders/instructions). Can your gounds maintainer make good?
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Rank: Forum user
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Agreed not RIDDOR, however for my own records I would still investogate as one and take full photos of the area and obtain the injured person statement. You would need to make the area safe as soon as possible and as Roundtuit said you need to investigate why it was left the way it was.
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Rank: Forum user
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Was caused by a defect in the walking surfaces remember regulation 2(c) would this apply in this case
"(2) In these Regulations, any reference to a work-related accident or dangerous occurrence includes an accident or dangerous occurrence attributable to— (a) the manner of conducting an undertaking; (b) the plant or substances used for the purposes of an undertaking; or (c) the condition of the premises used for the purposes of an undertaking or any part of them." (I wonder if they were on a lunch break would you concider them a memeber of the public? taken directly to hospital? )
I would challenge the surveyors and think about a process to walk down the areas contractors have been working in to make sure they are handed back to you in a safe condition Edited by user 28 June 2018 12:40:08(UTC)
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Rank: Super forum user 
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I would in this case conclude that you should class him as a member of the public and therefore it would be RIDDOR reportable.
Liability notices aren't worth the paper they are printed on and legally they are as much use as a fig leaf. The best remedy is to get the surface defects repaired. As someone has said go back to the surveyor for a response and remedial action.
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 1 user thanked Hsquared14 for this useful post.
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Rank: Forum user
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Thank you all for your responses, i was of the opinion that it maybe classed as a member of the public taken directly to hospital but through it would be interesting to look at others opinions. Our Estates team are liasing with the contractors to rectify the isues and we will log with our inrurer along with photos. Thank again for your advice. Andrew
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Rank: Super forum user 
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It was their lunch time so at that moment they were not an employee as such conducting work-related undertakings. If as you say they were taken directly to hospital then I think it is RIDDOR.
Even if you were to decide they are not a member of the public, but an employee then the condition of the premises is at question so still would have been reportable.
But as I say I would not consider them an employee at point of accident.
Chris
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Rank: Super forum user
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Given the intrusion of work in to private life and changes from the "single place of work 9 - 5" how do you define the periods when someone who holds an employment contract becomes a member of the public i.e. "not at work" - am I solely an employee during my designated contractual hours and a member of the public at all other times including designated breaks (not only lunch) as these are unpaid? What if I am lucky enough to have a "paid" lunch?
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Rank: Super forum user
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Given the intrusion of work in to private life and changes from the "single place of work 9 - 5" how do you define the periods when someone who holds an employment contract becomes a member of the public i.e. "not at work" - am I solely an employee during my designated contractual hours and a member of the public at all other times including designated breaks (not only lunch) as these are unpaid? What if I am lucky enough to have a "paid" lunch?
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