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Posted By Nicholas Morris
We have an employee who injured himself as a result of an accident last week (strained knee ligament). He missed 3 days following the accident and then returned with the intention of carrying out duties within his job description. However on the day of return he suffered a breakdown stating that he was suffering nightmares and having flashbacks about the accident (he pushed someone else out of the way when a stack of materials toppled, sustaining the knee injury in the process) and that he did not feel that he was mentally right to return to work. I believe that he is physically capable to work but psychologically cannot at present. RIDDOR states "incapacitated for ...>3 days...because of an injury resulting from an accident...".
Your views please on whether this should or should not be a RIDDOR report?
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Posted By Dean Stevens
Nicholas
"He missed 3 days following the accident and then returned with the intention of carrying out duties within his job description." you quote.
Is this a joke? you have already stated that he missed 3 days following the accident, therefore RIDDOR reportable Whatever the circumstances.
Is this a serious enquiry or are you just trying to wind Mr Bannister up?
Dean
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Posted By Nicholas Morris
RIDDOR requires more than 3 days, not 3 days. It was not a serious injury.
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Posted By Nicholas Morris
Dean, sorry misread you comments. Yes it is a serious enquiry.
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Posted By Dean Stevens
I hold my hands up
Nicholas i apologise for stating that it is instantlly a RIDDOR due to him being off for 3 Days, it appears that my own conceptions of this ruling are muddled.
I specifically remember the trainer of my IOSH managing safely course stating that "Thursday" is the worst day of the week to have an accident in a Mon-Fri buisness. When asked why we were told that if the employee doesn't come in on on the Friday then it will be Reportable regardless or not of whether he returns on the Monday.
Now i'm not going to name the training provider but they are a reputable company.Should i consider using an alternative training provider in the future now as it appears this information was false?
I am now off to study the regulations and put this matter to rest for my own piece of mind.
JeeeeeeeZ all those accients that i've reported that maybe should not have been...........
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Posted By Nicholas Morris
Thanks for the comments so far on the >3 day interpretation. I'm fine with that side of things, what I'm more interested in are the reasons for his absence beyond 3 days, i.e. his state of mind and not the injury sustained at the time. Is "psychological trauma" RIDDOR??
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Posted By andrew morris
I would say yes it is as it is related to the accident - it sounds like the employee may be gearing up for (cynically) compensation.
I think this also comes uder the banner of Occupational stress.
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Posted By Emyr Evans
If you have the funding / capability - I'd get a trained Occupational Physician or Psychologist to review the case asap.
You need to do the best thing for the "injured person" + be seen to do so. If he is preparing for a claim - then you'll have the backing of a medical practitioner in your actions.
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Posted By Tabs
Reportable on the basis that it is a direct result of the accident that he is still not fit for duty after more than three days.
"Injury" is sufficiently well defined within case law as to include mental injury and after-effects.
The fact that the 'over three days' is a combination of physical and mental reasons is not relevant.
Hope that helps.
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Posted By anon1234
Dean,
the training provider has obviously got it very wrong or you have misinterpreted.
Even in a Mon-Fri work environment if the IP has an incident on the Wednesday and doesn't come back to work until the Monday it is not necessarily a RIDDOR - it would only be RIDDOR reportable if the IP would have been unable to work on the Sunday if they were required to do so.
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Posted By Bob Thompson CMIOSH
An often overlooked phrase in Riddor is abscent form or unable to perform full duties following and accident 3 days etc
Bob
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Posted By Nicholas Morris
Having just spent most of the afternoon with the individual concerned it is possible that the use of an occupational psychologist or counsellor with relevant experience will be of benefit in returning him to work. Can anyone recommend or suggest an organisation/ individual within reasonable distance of Lincolnshire/ Humberside that may be able to help?
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Posted By Bill Parkinson
Nicholas
We use a confidential counselling service (CiC) for our sites (North East Lincs, North Lincs and East Riding). If you want a contact number then e-mail.
Regards
Bill
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