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Hayley_777  
#1 Posted : 24 November 2021 15:11:53(UTC)
Rank: New forum user
Hayley_777

Hiya, this may have been asked previously so apologies if it has.

so, an employee had a stumble off a kickstool which in turn has apparently started a flare up of pain within their knee. The employee suffers with knee pain and is already managing the pain prior to the stumble off the stool, with painkillers and CBD oil. The employee is also waiting knee replacement surgery. 

The employee did not report the accident until a few days later, and completed the shift as normal on the day of the accident as normal.

however, today has just put a sick note in for 2 weeks.

my question is ... is this reportable?

CptBeaky  
#2 Posted : 24 November 2021 16:13:22(UTC)
Rank: Super forum user
CptBeaky

I would say yes.

Accidents must be reported where they result in an employee or self-employed person being away from work, or unable to perform their normal work duties, for more than seven consecutive days as the result of their injury.

I could be presuaded otherwise, but since the injured party claims that the fall caused a flare up, then I would argue that the flare up is their injury in this accident. I would argue that without the accident they would be at work. Obviously I have no prior knowledge of their attendance records etc though.

thanks 1 user thanked CptBeaky for this useful post.
Hayley_777 on 26/11/2021(UTC)
Hayley_777  
#3 Posted : 24 November 2021 16:24:35(UTC)
Rank: New forum user
Hayley_777

it has just come to light that the reason they fell off the stool is because they did not follow trained process which is evident on CCTV... does this change matters?

A Kurdziel  
#4 Posted : 24 November 2021 16:39:59(UTC)
Rank: Super forum user
A Kurdziel

As we keep saying RIDDOR is not about liability or responsibility. Its just about recording and reporting certain accidents, incidents or work related medical conditions to the HSE. If they injured themselves at work its still a RIDDOR even if  it their own fault.

thanks 2 users thanked A Kurdziel for this useful post.
Brian Hagyard on 25/11/2021(UTC), Hayley_777 on 26/11/2021(UTC)
Brian Hagyard  
#5 Posted : 25 November 2021 08:57:09(UTC)
Rank: Super forum user
Brian Hagyard

Originally Posted by: A Kurdziel Go to Quoted Post

As we keep saying RIDDOR is not about liability or responsibility. Its just about recording and reporting certain accidents, incidents or work related medical conditions to the HSE. If they injured themselves at work its still a RIDDOR even if  it their own fault.

providing the injury arose out of a work activity - (i go back to my old favourite broken arm triping over torn carpet reportable broken arm tripping over own shoe lace not reportable) in this case it sounds like its linked to work activity so i agree reportable.

thanks 2 users thanked Brian Hagyard for this useful post.
A Kurdziel on 25/11/2021(UTC), Hayley_777 on 26/11/2021(UTC)
Hayley_777  
#6 Posted : 25 November 2021 10:26:27(UTC)
Rank: New forum user
Hayley_777

Perfect, thank you for clarifying. All reported! 

thanks 1 user thanked Hayley_777 for this useful post.
peter gotch on 25/11/2021(UTC)
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