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john.seymour@hotmail.co.uk  
#1 Posted : 04 July 2019 13:17:39(UTC)
Rank: New forum user
john.seymour@hotmail.co.uk

I have a worker who has said they slipped on something and jarred their back.  No witnesses.  This was reported to a first aider as a back pain issue.  However the worker then continued working for the remaining 4 hours of the shift before going home.  The next day this person did not come into work as complaining of back pain.  Would this actually be classed as an accident and lost time?  Part of me says actual time off therefore logged as lost time, however this has been questioned as they did not go home at the time. 

CptBeaky  
#2 Posted : 04 July 2019 13:31:29(UTC)
Rank: Super forum user
CptBeaky

Was it entered into the accident book?

If so I would say that it has to be considered an accident. If not (why not?) then did he recieve treatment from the 1st aider? Again, if he did it can be classed as an accident.

If there is no entry and no treatment given it is more subjective. Could the IP being making up the injury to get a day off work? When doing you investigation you wiould have more of an idea towards the vaildity of the claim. Basically would evidence does the IP have that there was an accident when there were no witnessess?

If it turns into a RIDDOR I would report it as an accident to cover yourself.

john.seymour@hotmail.co.uk  
#3 Posted : 04 July 2019 13:59:32(UTC)
Rank: New forum user
john.seymour@hotmail.co.uk

Yes, entered into the accident book as the IP went and requested a first aider to do this as a record of it happening.  It has gone past 7 days therefore I have reported it as a RIDDOR to cover myself.  Just trying to establing going forward if this is right or of there is a rule somewhere that states if the IP continues work it may not be lost time. 

Natasha.Graham  
#4 Posted : 04 July 2019 14:59:15(UTC)
Rank: Forum user
Natasha.Graham

Originally Posted by: john.seymour@hotmail.co.uk Go to Quoted Post

Yes, entered into the accident book as the IP went and requested a first aider to do this as a record of it happening.  It has gone past 7 days therefore I have reported it as a RIDDOR to cover myself.  Just trying to establing going forward if this is right or of there is a rule somewhere that states if the IP continues work it may not be lost time. 

I always work on the three requirements for a RIDDOR when assessing if any accident is a workplace accident and needs to be included in my stats or if it can be recorded but not reported as a workplace incident.  

If the incidents I assess don't meet the three criteria:

  • The accident was as a result of the task
  • The tools and equipment used for the task were a contributory factor
  • The environment or premises in relation to the task 

then I record the details but don't include in my stats.

Just because the employee is on the premises doesn't make it a workplace accident - however the call on this particular incident is for you and your organisation to make.

Roundtuit  
#5 Posted : 04 July 2019 15:35:36(UTC)
Rank: Super forum user
Roundtuit

There is no rule regarding continuation of working immediately post incident.

There is a rule regarding the timer starting on the day following the day of the incident

Roundtuit  
#6 Posted : 04 July 2019 15:35:36(UTC)
Rank: Super forum user
Roundtuit

There is no rule regarding continuation of working immediately post incident.

There is a rule regarding the timer starting on the day following the day of the incident

stevedm  
#7 Posted : 05 July 2019 06:44:43(UTC)
Rank: Super forum user
stevedm

John there is a difference between what you would report under RIDDOR and what your company would class as Lost time...this is bonus affecting stuff so no wonder you have been challenged :) 

The time immediately following the incident was not lost...however if IP next shift was due and they did not turn up..unless you can class it as a rest day, it is lost time.  The severity will also have a factor, I would have said that it is better to let IP rest with some ibuprofen for a couple of days and return to work than force a return as you don't want the lost time...

I hope this helps :)

hilary  
#8 Posted : 05 July 2019 06:55:07(UTC)
Rank: Super forum user
hilary

I concur that it is lost time.  The day of the accident is not counted anyway and the adrenaline following the accident could have kept him working for the end of the shift, but then the next day the pain really comes out.  This is totally reasonable.  I had a fellow who tripped and bumped his arm, carried on working in despatch for 90 minutes before deciding that actually his arm was quite sore and turns out he had a hairline fracture of his humerus!

However, the question you should be asking is "what did he slip on? Was it work related".  I have assumed it is above but this is the $64,000 question.

Edited by user 05 July 2019 06:56:09(UTC)  | Reason: Amusingly enough I couldn't spell humerus!

thanks 2 users thanked hilary for this useful post.
SJP on 05/07/2019(UTC), WatsonD on 05/07/2019(UTC)
Hsquared14  
#9 Posted : 05 July 2019 11:45:01(UTC)
Rank: Super forum user
Hsquared14

Absolutely is a workplace accident,  this is a typical scenario with back issues, little pain at first other than "oh I felt that" and then you wake up the next day unable to move due to muscle spasm, stiffness and bruising in the affected area.  The fact that it was reported at the time also proves the point. 

WatsonD  
#10 Posted : 05 July 2019 12:47:36(UTC)
Rank: Super forum user
WatsonD

If this is for your companys statistics: in which case its up to those in charge how they want to count it. However, I would take a moment to consider the implications of this, and as to whether your 1st aider should have sent them home/ got them to the hospital in spite of their protestations. Also whether this would set a precedent of employees being encouraged to stay at work for the remainder of the day just to prevent a bump in your statistics.

If you are just looking ahead for possible RIDDOR report then, yes. Make sure you begin your investigation ASAP.

Sweep  
#11 Posted : 05 July 2019 13:53:54(UTC)
Rank: Forum user
Sweep

Agreed with Watson.  Finding out what has happened is a far better use of the time immediately after the incident report.  

Unfortunately back issues are common - whether attributable to a work activity, environment etc is down to your organisation to decide, with your advice, once you have the evidence.  You might want to think about any previous information declared by the IP and if any specific arrangements were required.    

If the evidence is inconclusive then you make a call collectively on the categorisation.  

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