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Posted By Robert Paterson Hi To All Looking for some information on Accident Reporting. I would like to know if there are time limits on when someone should be allowed to report an accident after the event has happened. Was asked recently if someone should be allowed to report an accident and have it registered in the Accident book eight months after the incident. My first thought was that accidents should be reported as soon as possible after the event, preferably the same day. But now wondering if there is legislation in relation to reporting accidents other than RIDDOR Anyone care to comment. Regards Robert Paterson (ps. Please respond to this thread or robert.paterson@jeyes.co.uk rather than email to address at header)
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Posted By Sarah Darlington
I come across a similar problem too, staff returning to work after absence and alleging it was a workplace incident (but have failed to tell anyone). I have advised my managers that an incident must be reported (including near miss) and forms completed as soon as possible, at least by the end of a shift.
How can a person prove 8 months after an accident that it happened at work?
I would be very interested in everyone's views.
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Posted By Frank Hallett
Hi Robert [& Sarah also]
Essentially, an allegedly injured party has no legislated obligation to enter an injury in the Accident Book at all, never mind within any given time, so far as I'm aware. Nonetheless, the employer must provide, make accessible and ensure that the entries are responded to in a suitable manner, including suitable levels of investigation for remedial purposes.
The employer should also have in place the employee guidance to ensure that all potential accident victims are fully aware of the employers rules for reporting and recording physical injuries ['cos that's all the Accident Book is about].
As part of the employers instructions to employees, it should be clearly and unambiguously identified that the greater the gap between the alleged injury and the report of it, the greater the evidence that will be subsequently required to substantiate that alleged injury.
This does not mean that an employer can refuse to allow an entry in the Accident Book however; what it means is that those who leave an inexplicably long period before reporting may be required to defend a possible internal investigation for fraud - I have no doubt that if you discuss this with your ELI Insurers, they will be supportive.
Frank Hallett
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Posted By Paul Devlin
It may well depend on your particular companies procedures, in my own industry the accident should be reported to the manager within 48 hrs at the latest unless the person is unable to do so, it is then up to the persons manager to fill out the accident book until such time as the person who has had the accident can fill in the blanks. The competent person if you like has still got to do the investigation and report to a central location within 4 days of the accident with completed investigation to follow if need be or there are monetary charges to be levied.
Even with such a system it is still the case that people can still make a claim against the company for an accident up to 3 years (correct me if I'm wrong people it may well be only 2 years) after the initial incident. Sadly it also been found that some people are actually successful in claims of this nature because in most instances its not that the person didnt tell anyone about it but more than likely they did and it wasnt investigated or reported properly at the time.
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Posted By Bill Parkinson
There is the statute of limitations with regards to claims but this is 3 years from the date of the incident or when the condition (in the case of health issues) become diagnosed.
You could argue that an incident reporting system is part of the employers discharging its obligatons under HASWA and therefore a requirement for employees to adhere to it (as requirement under section 8).
Incidently we don't have accident books anymore as we convinced the DWP that our incident report contains the relevant information required for any enquiry regarding industrial injuries benefits.
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Posted By Stupendous Man
Robert,
I think that Frank has provided an excellent viewpoint in terms of legal compliance. It demonstrates that the employer is being reasonable, yet does not prevent reporting.
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Posted By Pamela Marshall
In Part IV of the Social Security (Claims and Payments) Regulation 1977 - which I thought was were the need for the accident book came from as the employer then has to report info to the State - it states "Every employed earned who suffers personal injury by accident in respect of which benefit may be payable shall give notice of such accident either in writing or orally as soon as practicable after the happening".
I know this would only count if someone was going to claim benefits but it does state that the employee should report it as soon as practicable.
The regs themself are quite dated though.
Pamela
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