Posted By Jason McQueen Here's a 'hypothetical' situation that we've just been discussing. I'd be interested to hear peoples responses and how they would approach it: You suspect and employee has had a relatively minor accident at work (e.g cut finger). But this isnt reported. You hear on the grapevine that he did it at work and talk to him. He refuses to put the injury in the accident book (possibly because it was his own fault and/or fears disciplinary action). And so to avoid this, he claims he did it out of work. His clock card shows that he never left site (probably didnt clock out or had someone do it for him). How would you approach the situation?

Posted By Jason McQueen The only evidence you'd really have though is the fact that he has a cut on his finger (conveniently no witnesses). He turns to you and says that he did it on the evening at home. There's very few options available. Either you basically call him a liar (with no evidence) enter the accident book entry yourself and investigate accordingly or do you just cover yourself from a litigation point of view and document his claims of doing it outside of work and chalk it up to experience?

Posted By Jay Joshi Why should someone be fearful of reporting a minor accident unless, perhaps there is a negative safety culture?? That could be the fundamental issue to address rather than this particular one. Your hypothetical scenario does not have adequate information, which could be relevant based on the findings of an investigation, a pertinent one being the information about clocking out or the lack of it.

Posted By jervis If they havnt reported not a lot you can do there choice!!! Obviously if it was more saviour then you would have to take matters further.

Posted By DPK Jason I have experience of this happening as the safety advisor for a company, as others have already said you need facts to be able to challenge another persons statement otherwise you are depending upon hear say, and we all no how inaccurate that usually is. You can take a statement from the person and ask him/her where the injury occurred, if they reply with a "not at work answer" then it should stand you in good sted to defend any fraudulent claim for compensation in the future (just living in the real world for a moment), record it. It does not however necessarily suggest you have a negative safety culture if someone is not happy to report, i would suggest MAYBE there is a positive safety culture where an assessment has been made of the hazards and part of the control is to provide PPE which in this case is gloves. The person may have been given training and instruction but choose not to wear them for an number of reasons, forgot is usually the answer offered, therefore opening himself up to disciplinary action of some form. The outcome for this scenario could be, investigate it which is your right, record those findings, take the suitable action and move on. Cynical i know, but based on the brief scenario and my personal experiences this is my thoughts. DPK

Posted By Pete Longworth Why would you need to cover yourself from litigation? The accident is very minor, the guy doesn't report it. Where does litigation fit in to that scenario. If you suspected that the injury however minor was caused by some inherent hazard, surely you would be working to eliminate the hazard anyway. You wouldn't need an accident report to do that. I sometimes think that we use the spectre of litigation to justify anything. We shouldn't be afraid of litigation and we should recognise that the best way to avoid litigation is to work towards eliminating the conditions that cause injuries.

Posted By Jason McQueen No, there isnt a sign xx days from previous accident but I get the feeling that people are put unnder pressure to improve accident figures. My suggestion about the litigation was incase the employee decided at a later date that it did occur on site after all, enter it into the accident book and thus goes to see his solicitor. By heading it of at an early stage (i.e. something to confirm from him his statement that it happened outside of work) it prevents this. Leaving it open ended with nothing written down would arise to being word against word at a later date.

Posted By Phil Rose I am with Ted and Peter - cut finger - minor stuff, if employee doesn't want to report then get on with the 'day job'. I know a lot of people here that cut their fingers one way or another and don't report it in accident book. Their choice and I don't chase them! I'm probably wrong though!!!!!

Posted By Jason McQueen Fair point and I tend to agree. My greivance would be at the point of them changing their story from out of work to in to work. Though this would, I suspect, be dealt with as a disciplinary action due to the action of the initial deception hindering the company in meeting its duties to investigate accidents etc.

Posted By warderic If he said he didn't do it in work he didn't do it in work. Put in a "No Blame No Shame" policy and move on.

Posted By SteveD-M Can I just add in support of Pete's comments..That in this case the employee would be entitled to make a legitimate claim and could win. Unless you could prove - The RA covers the task, PPE was enforced etc. IITS... The majority of claims that are presented are not fraudulent or malicious.