Rank: Forum user
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Just something i was thinking about today,
Say an accident was not recorded in the accident how would that stand.
For example say an employee wanted to claim compensation from the organisation and it wasnt reported or in the book,
Could the organisation deny knowledge of it ?
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Rank: Forum user
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I think your asking the wrong question of this forum.
Of cause all reportable accidents should go into the accident book and no accident is deniable or worth trying to deny. Any company that attempts it is liable for prosecution.
I hope i have miss read your post or misunderstood it and if so I appoligies for the above
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Rank: Forum user
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Yes you did,
I was asking a hypothetical question out of curiosity.
Of course i am not asking if i could do this or promoting it, just asking out of genuine curiosity as to what would happen
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Rank: Super forum user
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The short answer is that if this situation arose the company could - and probably would - deny knowledge of the accident. However the actions that would then follow would depend on the employee's solicitor and the company's insurer and any company in such a position should be consulting with their EL insurer on the details of the specific claim, not trying to handle it themselves - it's what you pay them those huge premiums for!
It's a good reason why conmpanies need to have robust recording and reporting systems that make it as easy as possible for employees to report accidents, incidents and near misses as soon as they happen so that they can be properly investigated and documented and most importantly that any action to prevent recurrence can be taken.
It's also the reason why a company should have some sort of guidance to its managers on what to do about the inevitable late reporting of some accidents and incidents - the classic Monday morning bad back that was apparently the result of an incident on Friday afternoon but not reported until the Monday.
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Rank: Super forum user
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Always difficult to answer a hypothetical question but here goes....
Lack of a report doesn't mean that an employee is barred for seeking compensation. All you have to do is think of all those scenarios where a member of public seeks compensation for tripping on a paving slab. How many of those were reported to the council at the time of the accident...? BUT For an employee the lack of an Accident Book entry just makes their chances of success more difficult. So, why would they not report an accident? There seems no reason for it, the reporting doesn't cost them anything - in terms of time, money aggro etc...
I am cynical - what is far more likely is that an unscrupulous employee will try and turn a non-occupational event/injury into a work related event in order seek compensation. Thus the Sunday football ankle sprain is rested overnight and then an attempt is made to turn it into a slip/trip event at the very start of the working day on Monday.
As an employer make the lack of a report and any concerns you have clear to your insurer and let them get on with their job of managing the claim.
A sad tale: Employee claiming for bad back - said they couldn't work, Employer told insurer about their concerns. Surveillance agents obtained some interesting information but spotted a sticker for a 4x4 club in claimant's car and looked at website. On the site the claimant had put comments about competing in rugged off road events, "rolling" his Range Rover and doing up an overseas property he had purchased. This info was passed across to his solicitor and claim was settled for £350k less than expected.
Phil
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Rank: Forum user
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If you are asking from the point of view of how do you impact on the consequences then my experience is: 1. The company needs to demonstrate it has informed employees of the reporting systems - signed attendance sheets for induction, tool boX talks, refreshers etc are always a good idea 2. Reporting needs to be easy - some employees can't/won't write so if they report an event to someone with the power to take responsibility eg First Aider; Line Manager, Supervisor, you etc then it would be in the companys best interest for these people to offer to help complete the form. If an employee refuses I would usually get the person contacted to document what was said and that the employee did not wish to report it formally. It can be kept on their personnel file in a confidential manner (just in case) 3. If you have employees reporting all sorts of accidents and incidents including the 'little' ones there is more capability for the employer to demonstrate that the environment was condusive to reporting without adverse consequnces. All of these points give a robust feel to your system. Saying that there are always exceptions
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Rank: Super forum user
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To look at you original question. Yes, I the organisation could deny knowledge of it and I am sure that the sort of scenario that you have suggested has formed the basis of many a defence in a civil claim for damages. I think an employer has every 'right' to deny knowledge if the appropriate systems are in place for employees to report accidents. I have the feeliong that the onus is upon the employee to report.
However, I am interested as to what basis an employer could be prosecuted for denying knowledge of an accident that isn't in the book!!!!!!!!
I could be worng but I am sure that squirelled away somewhere in RIDDOR there is a 'defence' based on much the same scenario (and before anyone says it, yes I know accidents, accident book and RIDDOR are different)
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