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paul64  
#1 Posted : 13 February 2019 18:56:01(UTC)
Rank: New forum user
paul64

Hi if someone has an accident at work and has 3 days off then returns to work for 4 days then has a week unauthorised holiday and then after that puts in a sick note for 4 weeks would that be reportable under riddor. The sick note does tally up with the injury sustained. Other problem is we cannot contact the person as he is not responding to telephone calls, letters etc. Thanks for any guidance
Roundtuit  
#2 Posted : 13 February 2019 20:04:12(UTC)
Rank: Super forum user
Roundtuit

A weeks unauthorised holiday? You need HR to step up to the plate not posting a "RIDDOR or not".

Unless you are a medical specialist and have spoken with the injured party you are in no position to determine of the accident / injury / absence correlate with any doctors issued statement.

I take it you have attended the address, hand delivered a "contact us immediately" letter and spoken with neighbours regarding last time seen?

Worst case a complication may have resulted in hospital admission or possibly an undiscovered corpse (it does happen FPE)

thanks 2 users thanked Roundtuit for this useful post.
A Kurdziel on 14/02/2019(UTC), A Kurdziel on 14/02/2019(UTC)
Roundtuit  
#3 Posted : 13 February 2019 20:04:12(UTC)
Rank: Super forum user
Roundtuit

A weeks unauthorised holiday? You need HR to step up to the plate not posting a "RIDDOR or not".

Unless you are a medical specialist and have spoken with the injured party you are in no position to determine of the accident / injury / absence correlate with any doctors issued statement.

I take it you have attended the address, hand delivered a "contact us immediately" letter and spoken with neighbours regarding last time seen?

Worst case a complication may have resulted in hospital admission or possibly an undiscovered corpse (it does happen FPE)

thanks 2 users thanked Roundtuit for this useful post.
A Kurdziel on 14/02/2019(UTC), A Kurdziel on 14/02/2019(UTC)
pauldavies  
#4 Posted : 13 February 2019 22:51:40(UTC)
Rank: Forum user
pauldavies

Hi Paul

My response is based upon your query being application of 'over 7 day incapacitation' rule. Quote from the Regs:

'Reports must be made of an over-seven-day injury within 15 days of the accident. However, where the incapacitation does not immediately follow the day of the accident, eg because the condition does not become apparent until some time after the accident, the report should be made as soon as the injury or condition has incapacitated the worker for more than seven consecutive days.'

So, I would be reporting this as soon as possible.  Hope this helps.

Regards

Paul

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paul64 on 14/02/2019(UTC)
paul64  
#5 Posted : 14 February 2019 05:28:32(UTC)
Rank: New forum user
paul64

Thanks for the replies i did think it was reportable but wanted to double check my understanding of the regs. I didn't want to get into the hr site of things as that is not really for this forumn and is being dealt with separately. Thanks
Mr.Flibble2.0  
#6 Posted : 14 February 2019 10:26:33(UTC)
Rank: Forum user
Mr.Flibble2.0

Hi, It sounds like you have already reported it, so just additional note.

The sick note could be for an associated injury/sickness, and as you have mentioned it does not tally up and you cannot make contact with the individual, I would not have reported. 

Unless I had confirmation from the employee or the Dr that this time off was a result of the Accident at work, I would not report. I have had this situation more than once and quite often than not either the sick note was for something unrelated, the person had previously be refused holiday or the person was driving mini cabs as a second job.

thanks 1 user thanked Mr.Flibble2.0 for this useful post.
WatsonD on 14/02/2019(UTC)
Elfin Davy 09  
#7 Posted : 14 February 2019 11:06:08(UTC)
Rank: Super forum user
Elfin Davy 09

He may even have decided that he doesn't want to work for you anymore, and has left your company.  Maybe he's now working somewhere else (was he job hunting during his "unauthorised absence" ?).  Maybe wide of the mark, but this would possibly explain why he's not interested in contacting you and doesn't seem to want to talk to you.

WatsonD  
#8 Posted : 14 February 2019 11:29:34(UTC)
Rank: Super forum user
WatsonD

No, definitely not. The causal chain has been broken. There is nothing to say the second set of absence is as direct a result of the accident. There is at least 11 days between sick leave periods.

The Dr signed off so we have to assume a valid reason for the sencond (independaent) bought of sick leave. But how can we be sure that the injury was not caused during the holidy period. Presumably if they were injured they would have got signed off by the GP for this preiod rather than loosing pay.

WatsonD  
#9 Posted : 14 February 2019 11:33:51(UTC)
Rank: Super forum user
WatsonD

Originally Posted by: pauldavies Go to Quoted Post

'Reports must be made of an over-seven-day injury within 15 days of the accident. However, where the incapacitation does not immediately follow the day of the accident, eg because the condition does not become apparent until some time after the accident, the report should be made as soon as the injury or condition has incapacitated the worker for more than seven consecutive days.'

Paul,

Could you please confirm where in the regs this statement is to be found?

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