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Posted By Jason McQueen
I've recently had a member of staff signed off work by their GP on the basis of 'post traumatic headaches' three weeks after the actual accident. The accident itself was comparitively minor and the person continued working normally for the remainder of the day and the three weeks afterwards.
The question is, how long after an event do you decide that the time elapsed justifyies a breakdown in the chain of events? I know Im technically going to have to report this but it just seems that at some point you have to make a decision that the events arent linked.
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Posted By Kieran J Duignan
Jason
Unless you're a chartered clinical and/or occupational psychologist, you appear to be facing a trap here.
As the employee's general medical practitioner has stated that he has a psychological condition that warrants claiming sickness benefit, if you wish to question this assessment, you may need to have to justify it on the basis of an assessment of his psychological condition. If you have access to relevant psychometric tools which v. few medics are qualified to use, use them as the basis for your judgment.
Otherwise, wait for the doctor's go ahead, or consult your own independent chartered psychologist, preferably one who is also a registered safety practitioner and appreciates the implications of your decision.
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Posted By Mark Bywater
Correct me if I'm wrong guys but I feel that 12 months is the statutory limit for RIDDOR, after any injury / accident, if the effects can be related to the original incident then you must report it.
Cheers,
Mark
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Posted By Barry Cooper
Mark
Can you clarify that time scale. Where does it state 12 months. Just interested, as we have a similar case, to this one
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Posted By dixie dean
Recently I recieved clarification from the HSE who accepted that if a person was fit to resume work immediately following an accident and for a period of time following, then it would not be necessary to treat the matter as reportable should they take some time off at a later date. We are also part of the LA Lead Authority Scheme and this was also our Authorities interpretaion of the regs.
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Posted By Jason McQueen
Thats very interesting. I reported the accident today so its a bit late for that. However, im tempted to suggest that we dont include the report in the statistics as it would lead to possible loss of bonus payments for some members of staff.
I also received the claim letter today, which given that the operative carried on working 8 days after the event and then reported 'post traumatic stress' from a relatively minor accident suggests to me that all the subsequent action from the accident is claim motivated.
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Posted By Dave Wilson
I am amazed at this compensation / time off culture, Not saying this is true but how easy is it for a GP in a surgery to follow this route
'Got a bit of a headache Doctor"
"Any problems recently?"
" had an accident a while back, playing on my mind!"
"Have some time off and see if it gets better!"
"Nice one, Cheers Doc!"
"Next patient please!!"
Thats my rating up and happy customer!
Who has diagnosed this chap with PTSD? Was it a Consultant or just the locum or even the Nurse Practitioner!!
Best I go and see a NO Win No Fee PI Company may be some money in this!
Would be interesting to see the letter and whether it was dated before chap went to see the doctor.
In the Personal Injury office -
"Seen the doctor with this?"
"No!"
"Best see your GP and get something on record, as it will help your claim!"
"Will do, and thanks!"
"No probs matey we will get you some dosh!"
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Posted By Jason McQueen
Im glad im not the only one with a healthy dose of cynicism and dare say thats not far from the truth. The diagnosis was by the GP.
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Posted By J Knight
Interested in the comment from HSE & LA that there is no need to report following a lapse of time. The only time limit given in RIDDOR is that in Reg 4 which limits notification of deaths to those within twelve months of an accident, and in the past I have been advised by HSE to report an absence from work some 16 months after the accident which caused it, as there was a clear link between the two. Is there a sector information minute or some such which sets out this limit?
And why the paranoia? As soon as RIDDOR is mentioned on this site somebody will assume that the injury is being talked up for money. People do get genuinely injured at work you know; if they didn't, what would we do for a living? And there is no link between the existence of a RIDDOR report, or an accident report, and the likelihood of a succesful claim. Reports are just one of the pieces of evidence a court will examine,
John
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Posted By garyh
As I have stated before, if you believe that absence does not truly relate to an "accident" then don't report it SO LONG AS YOU CAN JUSTIFY IT. Make a memo to yourself in the file in case you have to justify your decision as you won't remember it months later!
To those who think "if it's within the letter of RIDDOR (etc) then report it - NO! We are paid to manage safety. Any fool can simply read from the regs and follow them. We need to make judgements and interpret the spirit of the regs.
In addition, if you have a good relationship with your HSE inspector (and we all do, right?) give them a call and discuss it informally, and TELL them (don't ask!) what you intend to do, and guage their reaction.
Again I say it - manage safety actively, don't just read the regs and follow them. In fact this actually reflects the modern HSE approach which is to assess risks, rather than rigidly prescribe a set of procedures and rules.
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Posted By Fornhelper
RIDDOR guidance on acts of violence (para 37) states that in the case of an over 3 day injury the incapacity must arise from the physical injury...not the psychlogical reaction....I would suggest that if this guidance is applied in other 'physical injury' situations then unless the reason for absence is 'physical' situations such as that described may not be reportable after all.
FH
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Posted By Paul Phillips
Reminds me of some-one who once said,
I never realised how ill I was until I spoke to my solicitor
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