Rank: New forum user 
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Afternoon all.
I have a RIDDOR reporting question and would like any thoughts on the matter. I have an employee who injured himself, nothing major but managed to rip a nail bed off from a finger. He went to hopsiptal to have it treated and attended work the next day with no difficulties. The day after this however he re-attanded hospital and has now been signed off for 4 weeks. I am at logger heads with my direct superior on this. He believes that as the person reattended work the following day it is not reportable, however I take the stance that the just because he didnt immediately get signed off is not reason for it not to be reportable. He is, in my view and a doctors view (I have the sick note) been signed off work for over 7 days due to an injury sustained at work. My superior counters this with 'doctors will sign anyone off for anything and he obviously can do his normal duties because he did them for one day after the accident happened'. I can understand his view and that it is a gray area but I still feel my interpretation of the regs is correct and more in line with a proactive and best prctice approach. Unfortunatley the regs say nothing regarding time scales between when an accident occured and subsequent time off missing work.
Any thoughts would be appreciated.
Edited by user 10 August 2018 14:11:02(UTC)
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Rank: Forum user
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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 - is pretty easy to interpret. The key for you - is being away from work - as the key term in the statement above is OR unable to perform their normal work duties, for more than seven consecutive days as a result of the injury. So therefore, your interpretation is correct - it is reportable under the regulations. I understand your supervisor, he can do his duties (if he actually can) but exact interpretation is as you see it. Trust this helps?
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 1 user thanked Waz for this useful post.
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Rank: New forum user
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Very much so Waz, many thanks. I half know that I am interpreting correctly in any case, however I am conflicted sometimes, as my boss is vastly more experienced than myself, but also has commercial interests to consider.
The final call is his, however as long as I know I am interpreting Regs correctly and putting a valid point across to him before he does is enough for me.
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Rank: Super forum user 
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I have some sympathy with the manager beleiving that that the IP was able to undertake their normal duty. In my experience GPs all too readily sign you "off sick". Do you have access to an Occ Health Doctor? If so get their opinion. However - if this is your shout - take your decision, always record your reasoning in writing, then move on. Send a memo as apropriate to someone higher up the food chain to decide if apropriate. If your job is to advise, then do just that. If you have the power to decide, again do it.
Then move on and don't lose sleep!
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Rank: Super forum user 
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There is one question here that hasn't been asked - why is he off sick? Is it because of the original injury or because of a complication that has arisen that is medical and nothing to do with work? I wouldn't normally expect anyone to be off for that long with a dislodged nail unless they really couldn't do their job with one finger in a finger stall. So do they have an infection or some other complication that requires that period of rest? If they have a complication then it doesn't count as RIDDOR because it is secondary to the accident and the injury it caused. You need to do some more homework before you make a final decision.
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Rank: Forum user
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Originally Posted by: Hsquared14  There is one question here that hasn't been asked - why is he off sick? Is it because of the original injury or because of a complication that has arisen that is medical and nothing to do with work? I wouldn't normally expect anyone to be off for that long with a dislodged nail unless they really couldn't do their job with one finger in a finger stall. So do they have an infection or some other complication that requires that period of rest? If they have a complication then it doesn't count as RIDDOR because it is secondary to the accident and the injury it caused. You need to do some more homework before you make a final decision.
Would state that the original injury is primary, infection is secondary; however, the secondary is potentially a consequence of the primary and therefore in my opinion still reportable. If the injury wasn't there in the first place, the infection wouldn't have taken hold. The term 'being away from work....' is the key.
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Rank: Super forum user
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Don't agree Waz - medical complications even if resulting from a workplace injury do not make the injury reportable. Our absolutely brilliant internet system (NOT) means I can't open up the HSE website to check definitions but I'm sure its there. I'll do it at home tonight. Ahh the joys of being in the Civil Service - can't look at our own websites!!
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1 user thanked Hsquared14 for this useful post.
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Rank: New forum user
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Hi Did you get anywhere with the seven day injury definition? I have a guy who injured his leg at work and continued to come in for a week before developing thrombosis in his leg. The original accident happened at the beginning of August but he has only now informed us that the thrombosis was related to the original injury.
Obviously we are well past the 15 day limit, but that aside is it reportable? Edited by user 20 September 2018 14:23:34(UTC)
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