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Posted By Robert S Woods
Would an injury in a road traffic accident have to be put in the accident book?
An employee has put in a personal injury claim and the solicitors have asked if the injury is in the accident book.
Any help appreciated.
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Rank: Guest
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Posted By Malcolm Hogarth
I think we would need a lot more information before we could answer this one - such as was the employee injured as a pedestrian on your site, driving a vehicle on company business, a passenger, was it on a public road or on a site, was it work related etc and so forth.
If they were injured whilst carrying out duties associated with their work and the injury was serious enough to be reportable I would have thought it would have been entered in ther accident book at the time.
If the solicitors are asking about accident book entries their next step might well be to ask you for copies of relevant risk assessments - be prepared!
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Rank: Guest
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Posted By Heather Aston
Bob
Interesting one. Where did the RTA happen and was the employee driving for work or simply travelling to and from work?
RIDDOR specifically excludes most RTAs, but the social security regs (which require the accident book in the first place) don't specifically do so.
I assume the claim is against a third party not against you? In my experience this would be more usual.
We tell our people who drive for work that they should report such an accident that happens while driving actually for work as opposed to simply between home and work that they should report the accident either on their next visit to Company premises, or if this is not likely to be in the near future then by e-mail to one of the safety advisors.
Heather
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Rank: Guest
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Posted By Stuart Nagle
My opinion is:
If the person injured was 'at work' (e.g. in a company vehicle whilst performing company business or travelling on company business in their own vehicle or another vehicle) then the accident should go into the accident book.
If they were not 'at work' (e.g. travelling to/from work before starting or after finishing work in their own or a company supplied vehicle) then no, the accident was not 'at work' even if the vehicle is company owned.
Stuart
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