Rank: Guest 
|
Posted By JWG
We've just received a letter of claim for damages from an employee who claims to been injured after tripping on poorly lit stairs. The date of alleged accident was eight months ago. The IP did have time off at that period (over 3 days) but we (as the employer) was not informed of any accident at work until today.
My gut feeling is not to report under RIDDOR because I do not believe that the accident occurred.
Your comments are welcome....
|
|
|
|
|
|
Rank: Guest
|
Posted By Ste Germski
Sorry,
Did you get the person to fill in the accident book 8 months ago, or at any time.
If it was not filled in and there is no report of a RIDDOR, then surely it is going to be difficult to prove fault
|
|
|
|
|
|
Rank: Guest
|
Posted By LMR
Time out on reporting if the accident happened 8 months ago.
When informing your insurers of the claim point out to them that you were not informed that it was a work accident until today therefore it has not been RIDDORed (?).
No problem, HSE do not jump up and down on this one - it happens, people do not report as it was more of an embarassment the cause of their injury but then they meet 'Mr no win no fee' and suddenly it is a major incident and the employer is responsible!
|
|
|
|
|
|
Rank: Guest
|
Posted By Fornhelper
I would generally report but include the background and reason for late reporting in the F2508.
Previous poster is correct in that the HSE will appreciate circumstances and probably not take too much of an interest.
If a claim is forthcoming it's not really your concern....just record the facts as you have them, investigate as far as you can in the circumstances and let the insurance company or tribunal deal with the claim.
FH
|
|
|
|
|
|
Rank: Guest
|
Posted By John A Wright
Can a claim proceed without an accident report? Without witnesses?
John W
|
|
|
|
|
|
Rank: Guest
|
Posted By CFT
Highly unlikely John but not impossible from a civil view point; far too many companies out there now that take this as 'no win no fee' work.
CFT
|
|
|
|
|
|
Rank: Guest
|
Posted By LMR
Commonly are accident claims filed with 'no win no fee' when there has been no accident reported in the workplace!
These are the most difficult ones to disprove as it is purely the word of the 'injured party' against the 'company'. When the person has been to hospital or doctor and has 'medical proof' that they were hurt as a 'company' whether employer or site owner there is no documentation to disprove their allegations!
I get several a year pass over my desk towards our insurers and they all get a pay out!
|
|
|
|
|
|
Rank: Guest
|
Posted By Heather Collins
I get several a year like this as well. However I strenuously resist paying out on such claims. Luckily my insurance company takes the same view as I do!
|
|
|
|
|
|
Rank: Guest
|
Posted By Stupendous Man
Question to be asked before deciding whether to put in a RIDDOR or not:
What was the reason for absence given by the employee i.e. is it consistent with the allegations in the claim?
If so, then submit a RIDDOR noting the reason for the delay - not reported.
If not, then do not submit a RIDDOR and repudiate the claim on the basis that the alleged accident did not occur. Think about calling the police to investigate as a case of fraud and go through your own internal disciplinary procedures.
In any case, you may wish to take the opportunity to determine whether the staircase is adequately illuminated.
|
|
|
|
|
|
Rank: Guest
|
Posted By AF
Unfortunately the onus is on the employer to prove it was not an accident in the first instance
Employees who use these No win No fee services
leave a lot to be desired - I absolutely detest em' and I am sure a few of my fellow peers will share these sentiments.
Very often it will be cheaper for the insurance companies to settle out of court than to go to court and try to disprove the accident.
|
|
|
|
|
|
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.