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#1 Posted : 15 March 2006 23:32:00(UTC)
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Posted By Tony Brunskill A professional footballer suffers a serious injury during a game is it reportable under RIDDOR? (Over Three day) A jockey falls from his horse at The Chair in the Grand National is it a fall from height?
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#2 Posted : 16 March 2006 08:34:00(UTC)
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Posted By Raymond Rapp Tony If a footballer is injured and he is being paid, then the injury would be as a result of his employment. Therefore I would say that RIDDOR applies. A Jockey in theory would be working at height if as above it was part of his employment. However, areas like sport would no doubt come under non volenti fit vitura or 'you take the risk knowingly'. Those are my views but I would be interested if anyone has a different opinion. Regards Ray
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#3 Posted : 16 March 2006 08:58:00(UTC)
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Posted By dave burrage Volenti non fit injuria may be used as a defence in any civil claim for compensation, but it wouldn't be a factor in determining reportability under RIDDOR. The HSE Guide to RIDDOR L73 discusses sporting injuries on page 6 para 12; ' A major injury of the type reportable under regulation 3(1)(b) suffered by a professional sportsperson as a result of heavy physical contact during the normal course of a game of rugby or a boxing match would not be an 'accident' for the purposes of these Regulations and would not need to be reported'.
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#4 Posted : 16 March 2006 08:59:00(UTC)
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Posted By Benjamin Nicholson Tony, Ray Is perfectly correct in his assumptions that "Volenti non fit Injuria" which is Latin for "to a willing person, no injury is done." This doctrine holds that a person who knowingly and willingly puts himself in a dangerous situation cannot sue for any resulting injuries. Ben
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#5 Posted : 16 March 2006 09:14:00(UTC)
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Posted By atm Its a RIDDOR and just to clear up they must be off work for 4 days not including the day of accident to count as an over 3 day accident confirmed to me by HSE in writing.
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#6 Posted : 16 March 2006 09:17:00(UTC)
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Posted By dave burrage Cashpoint..How can it be reportable if the guidance so specifically excludes it?
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#7 Posted : 16 March 2006 09:36:00(UTC)
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Posted By The toecap I thought riding a horse wasn't working at height. I've read somewhere that a mounted police officer isn't classed as working aat height
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#8 Posted : 16 March 2006 14:42:00(UTC)
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Posted By Merv Newman Oh God, we are into the 18 hands rule again ! And I think that if a policeperson falls off a horse then they CAN claim under WAH. And "person non fit injuria" will not apply as they were under orders to get out there and ride that hoss. Discuss if you like. Merv
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#9 Posted : 16 March 2006 15:44:00(UTC)
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Posted By Descarte dont forget police have an excemption under noise at work regs ;-)
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#10 Posted : 16 March 2006 16:00:00(UTC)
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Posted By Wayne Voller I agree with toecap. On the guidance I read regarding the work at height regs, a mounted police offcier would not be counted as working at height, and this was not due to any exemptions to the police force.
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