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Monopoly  
#1 Posted : 14 October 2019 15:01:13(UTC)
Rank: Forum user
Monopoly

Over-seven-day incapacitation of a worker 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. ... The report must be made within 15 days of the accident. 

My query is:

An employee has an accident at work and continues to work for the next two days. He then goes off sick for 2 weeks claiming that it is related to the injury he sustained from the accident. Is this a over 7 day RIDDOR reportable accident?

Thanks in advance

Zyggy  
#2 Posted : 14 October 2019 15:37:35(UTC)
Rank: Super forum user
Zyggy

The short answer is...it could be! If you investigate the claim & it turns out to be work related, then it will be RIDDOR reportable. There is a lot of advice about the definition of "work related" on the HSE website, but the scenario you mention is not uncommon.
thanks 1 user thanked Zyggy for this useful post.
CptBeaky on 15/10/2019(UTC)
Monopoly  
#3 Posted : 14 October 2019 16:09:47(UTC)
Rank: Forum user
Monopoly

Thanks, he injured  his shoulder from the accident and his sick note / fit note says as much. 

I've had a look on the HSE website and I can't find anything that says the "more than 7 consecutive days" have to be straight after the accident, so I will presume that it can be at anytime following the accident.

 (as long as the abscence is a direct result of the initial accident)

Monopoly  
#4 Posted : 14 October 2019 16:17:54(UTC)
Rank: Forum user
Monopoly

Although the regs do say...

The report must be made within 15 days of the accident. ​​​​​​​

???

Roundtuit  
#5 Posted : 14 October 2019 16:46:11(UTC)
Rank: Super forum user
Roundtuit

The seven day counter starts the day following the accident BUT this may be delayed as the sprain/bruising etc. may take time to develop and prevent the employee from conducting normal duties (for some this can be the endorphins wearing off and a fracture becoming too painful).

The 15 days is a requirement upon the reporter, not the injured party however there can/will be exceptions which mean this deadline may be missed especially where the accident happens on the last days before a two week holiday and is only reported upon return.

thanks 2 users thanked Roundtuit for this useful post.
CptBeaky on 15/10/2019(UTC), CptBeaky on 15/10/2019(UTC)
Roundtuit  
#6 Posted : 14 October 2019 16:46:11(UTC)
Rank: Super forum user
Roundtuit

The seven day counter starts the day following the accident BUT this may be delayed as the sprain/bruising etc. may take time to develop and prevent the employee from conducting normal duties (for some this can be the endorphins wearing off and a fracture becoming too painful).

The 15 days is a requirement upon the reporter, not the injured party however there can/will be exceptions which mean this deadline may be missed especially where the accident happens on the last days before a two week holiday and is only reported upon return.

thanks 2 users thanked Roundtuit for this useful post.
CptBeaky on 15/10/2019(UTC), CptBeaky on 15/10/2019(UTC)
Hsquared14  
#7 Posted : 15 October 2019 10:55:35(UTC)
Rank: Super forum user
Hsquared14

I Agree with RoundTuit - with some injuries you only know the full extent after the swelling / bruising has developed or for some fractures after the broken ends of bone have displaced.  For example scaphiod bone fractures of the wrist may not be apparent on X-Ray until either one of the broken parts of bones shift or there is evidence of new bone being laid down in the area of the break.  It also depends on the resilience of the individual - I myself walked on a broken ankle for 24 hours before giving in and going to A&E

WatsonD  
#8 Posted : 16 October 2019 09:54:22(UTC)
Rank: Super forum user
WatsonD

In order for it to be a RIDDOR the causal chain must remain in tact. The fact that he came back to work for two days, not to mention whatever he was undertaking during hie leisure time means that he could have excaerbated the injury by returning to work, or any other activity that he has undertaken in the meantime. This in itself would then be the direct cause of the time of as opposed to the original accident, which did not initially cause him to need time off work It may be related but is not a direct result.

If I was you I would contact the HSE to see what they advise, but in my experience the causal chain is broken.

John Carver  
#9 Posted : 21 October 2019 21:16:05(UTC)
Rank: Forum user
John Carver

Yes, providing the other elements are met such as the event under consideration being work related. The situation you describe is not an uncommon one, and is usually associated with less serious injuries such as tissue damage that does not immediately cause a level of discomfort requiring rest and absence.

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