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Posted By jonnyjc_01
Hello All,
I have a query regarding an employee who has suffered an injury while driving for work.
She is a sales rep, and while driving encountered an road traffic accident.
There was no collision of vehicles but in her attempt at avoiding this accident, she sustained injuries to her ligaments and muscles in her legs.
No insurance accident claim will be presented.
She is recieving medication but is still at work.
A page has been completed in the Accident book.
I dont think any RIDDOR report needs to be made?
What else should I be doing.
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Posted By J Knight
Morning Johny,
Traffic accidents on the public highway are excluded from RIDDOR. Accidents to people working at the roadside and accidents on private roads in workplaces are reportable, but not those on public roads,
John
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Posted By Juan Carlos Arias
take a written statement from her during your accident investigation(and any other passengers in the car) ascertain location, weather conditions, speed travelled at and length of journey being undertaken.
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Posted By grahams
I'm curious why you say no insurance claim will be presented. Surely your insurers need to be informed as I imagine in the future there's every possibility that your employee will want to make a claim.
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Posted By jonnyjc_01
Hello Grahams
Although i havent carried out an accident report, no damage to any vehicle was sustained.
The incdent occured while the employee was avoiding another traffic accident that occured so wasnt directly involved
So no inurance claim.
Does anyone knowof a accident report form i could use with questions associated to driving incidents.
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Posted By Stuff4blokes
Your sales rep was injured whilst driving for work. If she is so minded she can pursue a claim against the other drivers and also against her employer. I make no judgement on liability: that is for others to do.
If her injuries take longer to heal than first thought then the likelihood of claims increases.
Better to be ready with factual information gained from an investigation in line with previous advice given.
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Posted By Peter F.
On what basis can she claim from her employer?
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Posted By Peter_hse
In answer to the previous questions, presumably she could claim against her employer if the vehicle was not fit for purpose (were the brakes OK for example), or had she received any training or guidance on driving whilst on company business?
Was she expected to travel too far in one day, were the deadlines tight?
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Posted By Juan Carlos Arias
some people nowadays will always find some grounds for the claim. I'm not saying this is correct but it is always better to expect the worse and try and be thorough in our accident investigations to be able to defend claims and deter some following ones
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Posted By jonnyjc_01
now then, a very interesting point has been raised,
the employee in question uses her own vehicle for work duties, i have requested mot,maintenance and service history many times but i have never been given it,i have advised unless we can confirm these details employees should not use their own vehicle.
i have similar problems with hr as they do not check licences correctly.
i have reffered the problem to the director of the company.
i am having extreme difficulty getting any of the reps to respond to any form filling required.
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Posted By Phil Rose
Whilst I agree that the accident/incident as described is NOT reportable under RIDDOR, could I suggest that subsequent post
"... Accidents to people working at the roadside and accidents on private roads in workplaces are reportable, but not those on public roads"
is a bit ambiguous in its wording and suggest that accidents to people involved in loading/unloading on PUBLIC roads and those accidents to people involved in the maintenance of PUBLIC roads ARE reportable.
See guidance top reg 10 pages 26/27 on http://www.hse.gov.uk/pubns/priced/l73.pdf
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Posted By Glyn Atkinson
Jonny, if this person has to drive for work duties, is a pool or similar vehicle freely available so that a personally owned car is not required.
Do you pay the person any form of allowance - fuel, maintenance costs for use of this vehicle on your company business?
If you need this person to be multi site available, what provision have you put in for duty of care of that person (driving breaks, welfare facilities en route) and provision of required work equipment (vehicle) to fulfil your management systems assessments?
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Posted By Glyn Atkinson
Sorry , also forgot to ask if her personal car insurance had been uprated to Business class for business purposes - I am presuming there are company samples of goods to show to new / current clients?
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Posted By jonnyjc_01
Hello all, in ref to business use on car insurance I have asked for these details on numerous occasions, I am still waiting for them.
We had a pool car system but due to abuse of said vehicle this has now been stopped.
We have a fleet of hired vehcles for all sales staff, but the employee in question chose to use her own vehicle.
We have a company car policy in place which outlines mobile phone use, planning journeys etc.
First aid kits and basic breakdown kits are supplied. etc.
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Posted By J Knight
Hi Johny,
A claim could allege failure to carry out a risk assessment. There is extensive literature stemming from work origianlly done by Roger Bibbings and others about the need for employers to carry out assessments for driving done at work,
John
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Posted By Geoff Ferneyhough
Jonny,
Bear in mind that if she was in her own car driving for business without business cover she will have no insurance cover and therefore be driving without insurance.
How will your company arrangements stand up to investigation with regard to Management of Occupational Road Risk and your management thereof.
Regards
Geoff
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Posted By D H
Hi Jonny - I get the impression you know what you should be doing - have procedures etc but these are not being followed? You have asked for information but been ignored?
You have an employee not following rules, getting injured and you dont raise an accident record?
I suggest then that management are failing to manage and therefore will be unable to defend themselves if this goes to court.
Dave
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Posted By Neil Pettitt
Hi Jonny,
As there was no RTA and no actual impact, how were the injuries sustained? Where her ligaments damaged due her feet slipping off pedals or perhaps the force she exerted on the pedals during breaking?
It would be interesting to find out what footwear she was wearing whilst driving and whether this was a contributing factor.
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