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Laybourne45310  
#1 Posted : 02 September 2019 15:55:07(UTC)
Rank: New forum user
Laybourne45310

We have a person who was injured on 1st August but didn't report it until he started sick leave on 12th August.  He has a rib injury (unspecified) and said he tried to manage the pain with pain killers to carry on working until he couldn't manage any more.  He then didn't return to work until 26th August.  There was a delay of 11 days before he went off sick then was off for 13 consecutive days.

The legislation appears to assume that consecutive days start on the day following the injury, and that reporting for LTIs should be within 15 days of the day of the injury.  This doesn't fit our situation.

Any advice?

hilary  
#2 Posted : 03 September 2019 07:13:30(UTC)
Rank: Super forum user
hilary

I think it's definitely reportable.  RIDDOR states "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 from an accident arising out of or in connection with that work ...."

The legislation assumes nothing, you are assuming that the seven days should follow the accident immediately but nowhere does it actually state that.  Therefore, it is reportable because he had more than seven consecutive days off routine work, not including the date of the accident.

Roundtuit  
#3 Posted : 03 September 2019 07:37:41(UTC)
Rank: Super forum user
Roundtuit

reeporting is to be "as soon as practicable and in any event within 15 days of the accident"

Just because you are beyond 15 days does not mean the incident is not reportable - just needs to be completed as soon as practicable

Roundtuit  
#4 Posted : 03 September 2019 07:37:41(UTC)
Rank: Super forum user
Roundtuit

reeporting is to be "as soon as practicable and in any event within 15 days of the accident"

Just because you are beyond 15 days does not mean the incident is not reportable - just needs to be completed as soon as practicable

jodieclark1510  
#5 Posted : 03 September 2019 07:51:46(UTC)
Rank: Super forum user
jodieclark1510

What was the incident that lead up to the pain in the ribs? Pain or an injury in itself is not RIDDOR reportable- from the HSE website:

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

mike52  
#6 Posted : 03 September 2019 09:10:24(UTC)
Rank: Forum user
mike52

Originally Posted by: Laybourne45310 Go to Quoted Post
We have a person who was injured on 1st August but didn't report it until he started sick leave on 12th August. [/ quote

Can I ask if you have any witnesses to your employees injury. With an 11 day deBay are you sure their injury occured at worisk?


Mike ]

Laybourne45310  
#7 Posted : 03 September 2019 11:10:14(UTC)
Rank: New forum user
Laybourne45310

Thanks for the input guys.  You've helped to confirm what I was thinking.

The injury was witnessed by their line manager (don't go there).  The IP was removing a ball valve from a sump via an access hatch.  He was on his feet outside the space, leaning in through an access hatch and twisting to the side.  When applying pressure on the wrench he pulled a muscle.  Just found out it was diagnosed as an intercostal strain.

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