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pacaroglu  
#1 Posted : 03 June 2019 16:37:09(UTC)
Rank: New forum user
pacaroglu

Hello,

having a challenge to identify work related or not. Employee (driver) trying to reach a strap on lorry. He is in a yard reaching up, tiped toe, he believes he can reach the strap but his knee gives away. (he has been complaining aobut his knee and had some pre-existing knee problem).

Roundtuit  
#2 Posted : 03 June 2019 18:26:52(UTC)
Rank: Super forum user
Roundtuit

Could the employer have provided aids to stop the driver having to "tippy-toe"? Our drivers have various devices meaning their feet can remain firmly planted on the ground so I would contend your work methods are possibly wanting compared to "best practice" and have contributed to the injury.

As an observation I am noting a general theme beginning to appear in RIDDOR threads where every IP seems to have some "pre-existing condition" when the OP is being placed.

thanks 2 users thanked Roundtuit for this useful post.
A Kurdziel on 04/06/2019(UTC), A Kurdziel on 04/06/2019(UTC)
Roundtuit  
#3 Posted : 03 June 2019 18:26:52(UTC)
Rank: Super forum user
Roundtuit

Could the employer have provided aids to stop the driver having to "tippy-toe"? Our drivers have various devices meaning their feet can remain firmly planted on the ground so I would contend your work methods are possibly wanting compared to "best practice" and have contributed to the injury.

As an observation I am noting a general theme beginning to appear in RIDDOR threads where every IP seems to have some "pre-existing condition" when the OP is being placed.

thanks 2 users thanked Roundtuit for this useful post.
A Kurdziel on 04/06/2019(UTC), A Kurdziel on 04/06/2019(UTC)
CptBeaky  
#4 Posted : 04 June 2019 08:08:30(UTC)
Rank: Super forum user
CptBeaky

To answer the question. I would say this is work related. Pre-existing or not the IP was stretching for a strap as part of their job. They were injured whilst reaching for this strap.

The real question is whether this constitutes an accident under the strict definition of RIDDOR. 

"In relation to RIDDOR, an accident is a separate, identifiable, unintended incident, which causes physical injury. This specifically includes acts of non-consensual violence to people at work.

Injuries themselves, eg ‘feeling a sharp twinge’, are not accidents. There must be an identifiable external event that causes the injury, eg a falling object striking someone. Cumulative exposures to hazards, which eventually cause injury (eg repetitive lifting), are not classed as ‘accidents’ under RIDDOR."

I would say it wasn't an accident. It still warrants investigation. Also, if you knew they had an issue with their knee you should have taken steps (no pun intended) to reduce the risk of them aggravating that injury.

thanks 3 users thanked CptBeaky for this useful post.
A Kurdziel on 04/06/2019(UTC), SJP on 04/06/2019(UTC), Xavier123 on 04/06/2019(UTC)
bigpub  
#5 Posted : 04 June 2019 10:37:34(UTC)
Rank: Forum user
bigpub

It will depend upon the diagnosed injury. And the diagnosed pre condiction. They could be one of the same or enrtirely different. But in short an accident, as it occurred during a work activity but depends on final outcome as to whether riddor reportable

Xavier123  
#6 Posted : 04 June 2019 14:58:51(UTC)
Rank: Super forum user
Xavier123

I'm with the Beaky one. ;)

thanks 1 user thanked Xavier123 for this useful post.
CptBeaky on 05/06/2019(UTC)
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