Rank: New forum user 
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Hi All,
I am after some guidance regarding an over 7 day injury.
My understanding is it would become reportable if the individual is "unable" to return to work and continue normal duties after 7 days.
In this particular case the individual suffered a small cut on his head from a scaffolding tube that fell from just above head height as he grabbed it whilst walking past (there is some speculation from the main contractor that he tried to do a chin up or similar as it would have taken more than a light touch to dislodge it from between the two walls but no proof of this of course).
The individual informed us he had no intention of coming back a few days after the accident, after repeated requests for medical information regarding the injury, recovery time, etc. we have received nothing and he has ceased contact with us.
We have no proof he was unable to return to work, but rather he has chose not too and provided no evidence to the contrary.
Has anyone else faced a similar situation?
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Rank: Super forum user 
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There is loads of space on the RIDDOR form to write all this down. I would be tempted to report it as a 7 day injury (because he might report it independently) but stipulate that you do not know if it is a 7 day injury or not. That way, whatever he chooses to do, you are covered. If you don't report it and he does, there may be consequences.
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 2 users thanked hilary for this useful post.
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Rank: Forum user
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RIDDOR questions pop up here regularly and I've always been aware that failure to report a RIDDOR case could result in prosecution - the above response made me query how many times do the HSE actually prosecute and did a quick search on their database and gets some facts.
It seems there have been 14 (12+2) breaches of RIDDOR 2013 since March 2015 - resulting in of £0 & £1 !!! to £40,000 fines.
Low risk of prosecution - but as the lottery states "it could be you" - so keep asking these questions
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Rank: Super forum user 
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From the information provided, I would be inclined not to report under RIDDOR. You've stated that the incident led to a "small cut" on the head, but realistically do you think that the injury sustained was bad enough to keep him off work (under normal circumstances had he been a genuine and loyal employee) or would you have expected a reasonable person to return sooner ? Was it just a cut, or was he knocked unconscious ?
If the evidence leads you to believe that the injury WAS bad enough to warrant 7 days off work (OR if your investigation suggests that there were poor working practices to blame), then yes, by all means report, but if not, I wouldn't.
Edited by user 07 June 2019 13:44:39(UTC)
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