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Samantha Cook  
#1 Posted : 06 August 2019 12:16:21(UTC)
Rank: New forum user
Samantha Cook

Hi 

After a bit advice please !  We had a minor injury Thursday 1st Aug in which the lady went home and rang in the following day to say she wasnt coming to work due to the pain (lifting pallet, she dropped it and it fell down her leg causing a long graze and hit the foot).

She hasnt been back so far but is due to go on annual leave from tomorrow for two weeks. if she does not present a doctors note and cancel her holiday as sick, do we still need to submit a RIDDOR?

I googled and found the following information, but it wasnt on the HSE website: 

"Days when the injured party would not be working (eg weekends and holidays) must also be counted."

Your thoughts and advice would be most welcome.

Thanks from Sam 

Xavier123  
#2 Posted : 06 August 2019 12:41:42(UTC)
Rank: Super forum user
Xavier123

The test is not their absence in work for the time period.

The test is whether they were 'incapacitated for routine work' for the time period.

The two often, but not necessarily, overlap i.e. it is possible to be injuried sufficiently to prevent you from your normal working duties but not prevent you actually attending work.

Sometimes the decision is made easy as they're simply not in work and call in sick. Sometimes you will need to make a judgement call on the nature and extent of their injury.

thanks 2 users thanked Xavier123 for this useful post.
A Kurdziel on 06/08/2019(UTC), Samantha Cook on 08/08/2019(UTC)
MrBrightside  
#3 Posted : 06 August 2019 12:43:21(UTC)
Rank: Forum user
MrBrightside

I'm always cynical if someone goes off work with an injury just before they go on holiday. Maybe I've just been in the game too long!

Speak to the employee and ask if they could of come back to work on Wendesday should they have not been on Holiday, if yes then no need to report.

You can self-cert for 7 Days, however it sounds like you don't have much details to go on; what is the nature of the injury that caused the time off?

I would wait until the employee comes back of holiday, complete the investigation and make the call to report then. You have 15 days from the point it becomes a RIDDOR so you have a bit of time.

thanks 3 users thanked MrBrightside for this useful post.
jwk on 07/08/2019(UTC), CptBeaky on 07/08/2019(UTC), Samantha Cook on 08/08/2019(UTC)
Hsquared14  
#4 Posted : 06 August 2019 15:24:54(UTC)
Rank: Super forum user
Hsquared14

Contact the employee and find out how bad the injury is.  Remind them that self certification is not appropriate if they then go on holiday.  As others have said you can leave the RIDDOR report until they come back, it would then be a late report but there is some leeway if the injured person is not avaiable to assist you to complete the report.

thanks 2 users thanked Hsquared14 for this useful post.
jwk on 07/08/2019(UTC), Samantha Cook on 08/08/2019(UTC)
CptBeaky  
#5 Posted : 07 August 2019 08:14:50(UTC)
Rank: Forum user
CptBeaky

To reiterate what Mr Brightside said. You basically have to ask the injured party whether they were capable of normal duties by the 7th day. It is the same as when somebody is injured on a Friday, and takes the following week off. You need to ask them, could they have worked on the Saturday if it was a normal working day.

Remember, ours is not to question the validity of extent of an injury. We are not medical or legal staff. We are only to investigate the nature of the accident and the claims made by the IP, so that we may follow the correct procedures and stop these things happening again. You will see from some of my previous posts that I have had a few dubious claims. I still follow them up as if they were legitimate, I wouldn't want to risk missing something due to my own pre-conceived bias.

thanks 2 users thanked CptBeaky for this useful post.
Samantha Cook on 08/08/2019(UTC), RayRapp on 08/08/2019(UTC)
Samantha Cook  
#6 Posted : 08 August 2019 09:21:51(UTC)
Rank: New forum user
Samantha Cook

Thank you to all who replied.

She presented a doctors note yesterday, which changed the outcome. Upon her return, her Manager is going to ask out of couriosity when she started to feel fit during her holiday so we can learn from this accident, but also take the advice you all kindly gave.

thanks again !

thanks 1 user thanked Samantha Cook for this useful post.
CptBeaky on 08/08/2019(UTC)
bigpub  
#7 Posted : 09 August 2019 13:49:45(UTC)
Rank: Forum user
bigpub

When the IP goes on leave. Are they leaving the country? Because if you are off sick then company policies normally state that they cannot go abroad.

peter gotch  
#8 Posted : 10 August 2019 11:51:48(UTC)
Rank: Super forum user
peter gotch

Originally Posted by: bigpub Go to Quoted Post

When the IP goes on leave. Are they leaving the country? Because if you are off sick then company policies normally state that they cannot go abroad.

Enforcing such a policy hardly likely to be good for employee retention?
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