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Helen Rossetti  
#1 Posted : 27 February 2019 21:29:13(UTC)
Rank: New forum user
Helen Rossetti

An individual worked a Thursday.. on the Thursday activities including shovelling material into a bucket for a time period. The individual worked Friday and then had 4 days off due to shift pattern. After the 4 days off, individual returned to work and claimed he just his hand / wrist on the Thursday and said his hand had been hurting for the 4 days he was off. He was sent to the hospital to check it our. Hospital diagnosed tendinitis...
Work place accident or something on the 4 days off?
Roundtuit  
#2 Posted : 27 February 2019 21:51:10(UTC)
Rank: Super forum user
Roundtuit

RIDDOR is seven consecutive days away from "normal" employment duties with the timer starting the day after incident.

If you are asking the forum do we think the employee is "swinging the lead" sorry we do not have the employers perspective to determine what else they could have done away from work to form any decision OR if the nature of their employment (current and previous) to point of injury had been contributory.

Please consider the form of your question - if it is with respect to late reporting there are plenty of existing posts regarding the rights/wrongs and demands of timely reporting.

Unfortunately employing a human is to employ an "individual" - no two are the same and as we age our capacities and capabilities diminish over time exposing us to ill health and injury that would not previously have been experienced.

thanks 2 users thanked Roundtuit for this useful post.
A Kurdziel on 28/02/2019(UTC), A Kurdziel on 28/02/2019(UTC)
Roundtuit  
#3 Posted : 27 February 2019 21:51:10(UTC)
Rank: Super forum user
Roundtuit

RIDDOR is seven consecutive days away from "normal" employment duties with the timer starting the day after incident.

If you are asking the forum do we think the employee is "swinging the lead" sorry we do not have the employers perspective to determine what else they could have done away from work to form any decision OR if the nature of their employment (current and previous) to point of injury had been contributory.

Please consider the form of your question - if it is with respect to late reporting there are plenty of existing posts regarding the rights/wrongs and demands of timely reporting.

Unfortunately employing a human is to employ an "individual" - no two are the same and as we age our capacities and capabilities diminish over time exposing us to ill health and injury that would not previously have been experienced.

thanks 2 users thanked Roundtuit for this useful post.
A Kurdziel on 28/02/2019(UTC), A Kurdziel on 28/02/2019(UTC)
chris42  
#4 Posted : 28 February 2019 09:18:23(UTC)
Rank: Super forum user
chris42

Does it actually say this anywhere in official HSE guidance etc. I have heard this anecdotally on this site, were others have said they have been told by the HSE about causal links, but is there anything that states it starts the day after the incident anywhere? (or are we reading in what we would like it to say)

Isn’t it up to us to determine if the causal link is broken due to time or other factors ( ie was it reasonable that the effect did not show up immediately or we know they put down a new patio over the weekend and so they are “swinging the lead” as you put it.

This is a genuine question, not a dig at your response, I would live to see it written somewhere. ( PS on another post of yours Roundtuit, loved your comment about HSE sorting their RIDDOR guidance, its good to have a laugh first thing :0)

Chris

Roundtuit  
#5 Posted : 28 February 2019 10:37:42(UTC)
Rank: Super forum user
Roundtuit

From the regulations:

(2) Where any person at work is incapacitated for routine work for more than seven consecutive days (excluding the day of the accident) because of an injury resulting from an accident arising out of or in connection with that work, the responsible person must send a report to the relevant enforcing authority in an approved manner as soon as practicable and in any event within 15 days of the accident. 

From the guidance:

This seven day period does not include the day of the accident, but does include weekends and rest days.

The causal chain argument rests on the wording "consecutive" defined as following each other continuously i.e. without break or interruption.

Roundtuit  
#6 Posted : 28 February 2019 10:37:42(UTC)
Rank: Super forum user
Roundtuit

From the regulations:

(2) Where any person at work is incapacitated for routine work for more than seven consecutive days (excluding the day of the accident) because of an injury resulting from an accident arising out of or in connection with that work, the responsible person must send a report to the relevant enforcing authority in an approved manner as soon as practicable and in any event within 15 days of the accident. 

From the guidance:

This seven day period does not include the day of the accident, but does include weekends and rest days.

The causal chain argument rests on the wording "consecutive" defined as following each other continuously i.e. without break or interruption.

chris42  
#7 Posted : 28 February 2019 11:23:30(UTC)
Rank: Super forum user
chris42

Yes but that is seven consecutives days ie 7 days in a row not necessarily starting the day after. It is not worded well and could also mean consecutive to the day of the injury, but not necessarily.

We have all come across someone who has hurt themselves in an accident but then soldiered on for a day or so before succumbing. Genuine accident, good employee for trying to continues with full range of duties, failed, but not reportable? Does not seem right.

I can see where you are coming from, but it does not expressly say the 7 days are consecutive to the day of the accident, in my view. Wouldn’t it be nice and helpful if the HSE clarified this so there was no doubt, this question has been around for a long time. I don't think it is just me with this view.

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