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Lighty  
#1 Posted : 10 August 2022 10:01:37(UTC)
Rank: New forum user
Lighty

Hi all,

I'm after some professional advice on this topic, as never come across this before: Alleged injury/claim, but no medical evidence to support:

  1. Operative has alleged injury, goes to hospital and reports a fracture (no medical evidence provided)
  2. Returns following day but goes home in pain
  3. Self-certifcates for a week
  4. 2 weeks annual leave

Still no medical evidence to support the absence. Due back to work this coming Monday.

What is best course of action, do we report or not?

Any advice/help would be greatly appreciated.

Pirellipete  
#2 Posted : 10 August 2022 11:22:12(UTC)
Rank: Forum user
Pirellipete

If he went to hospital he'll have a Discharge Summary stating injuries found, if any

If he had a confirmed fracture, he'll have a follow up appointment with teh fracture clinic

Sometimes, A&E have difficulty confirming a fracture due to swelling in the area of the injury, and will schedule a follow up appointment for confirmation X-Ray a few days later,  you could ask for details on any follow up appointments/appointment cards etc.

WRT RIDDOR, some fractures are non-riddor, (Fingers/Toes),  chipped bones with detached fragments are RIDDOR, (We had one last year)

Not sure on the area of self-cert sick leave followed by annual leave, depends on the company sick scheme,

If the company pay's sick pay at full pay, then he's got three weeks annual leave for the price of two weeks.....

Edited by user 10 August 2022 11:24:54(UTC)  | Reason: added text

thanks 1 user thanked Pirellipete for this useful post.
Lighty on 15/08/2022(UTC)
HSSnail  
#3 Posted : 11 August 2022 07:27:44(UTC)
Rank: Super forum user
HSSnail

Sounds like you have a fun investigation when he gets back. As Pirellipete says if they can prove a fracture (other than finger or toe) then is may be a specified injury (or major injury as us oldies still sometimes call them) or if he would have been unable to do his normal duties even though he was on holiday could still be RIDDOR.

BUT and its a big but (hence capitals) - how did this allegid injury occur? What was the work activity? so far i can see nothing in your posting that addresses this.

thanks 2 users thanked HSSnail for this useful post.
Lighty on 15/08/2022(UTC), A Kurdziel on 15/08/2022(UTC)
Lighty  
#4 Posted : 15 August 2022 08:19:12(UTC)
Rank: New forum user
Lighty

Thanks to you both,

The injury was allegedly using a torque scewdriver, no witnesses.

Just had a sick note from GP saying finger injury, no mention of fracture, 4th aug to 4th sept,

Nothing from date of injury 24th July until 4th Aug.

So now I'm even more confused

O'Donnell54548  
#5 Posted : 15 August 2022 08:50:44(UTC)
Rank: Super forum user
O'Donnell54548

Not in the accident book, did'nt happen at work?

Lighty  
#6 Posted : 15 August 2022 12:31:24(UTC)
Rank: New forum user
Lighty

Was in accident book, but no witnesses and dates not stacking up for any potential RIDDOR report

KMatt  
#7 Posted : 15 August 2022 12:35:59(UTC)
Rank: Forum user
KMatt

Oh dear, did a Manager enter this in the accident book with the injured party and then investigate?  Who knew they had gone to hospital at work?

peter gotch  
#8 Posted : 15 August 2022 12:54:55(UTC)
Rank: Super forum user
peter gotch

Lighty

You say "Just had a sick note from GP saying finger injury, no mention of fracture, 4th aug to 4th sept"

No reason for the sick note to mention the supposed date of injury, so reportability depends on whether all the parameters in RIDDOR are met.

Then to some extent deciding whether to report depends on a number of variables including:

1. Whether you are focused in making the stats look good - as is so common, for all sorts of reasons including clients having unrealistic ways of interpreting the data presented by their supply chain partners (or prospective partners).

2. How much trust there is between employer and their staff. Of course there are rogues who invent accidents at work, but they are likely to be in a minority in any organisation and even more so if the circumstances indicate that any "claim" is likely to be weak. So, do you want to destroy the trust in the relationship?

Just because you submit a RIDDOR report doesn't mean that you might be accepting any liability whatsoever.

You need an investigation in which you might want to consider the credibility of the injured party's narrative whilst also giving you the opportunity to consider whether are practical ways by which the job could be made safer.

Kate  
#9 Posted : 15 August 2022 12:55:34(UTC)
Rank: Super forum user
Kate

It's not the GP's job to say when and why the injury occurred, just whether or not or to what extent their patient is fit for work and for how long.  

So you'll just need to take this at face value for now and report it, and investigate as best you can.

Lighty  
#10 Posted : 15 August 2022 13:21:56(UTC)
Rank: New forum user
Lighty

Thanks everyone,

Report will be made, would never let stats get in the way of RIDDOR report, and investigation is nearly completed.

Just wasn't sure on reporting date, due to dates of fit for work note, and accident dates not matching

Kate  
#11 Posted : 15 August 2022 13:34:04(UTC)
Rank: Super forum user
Kate

I would just go with when the accident is documented as having happened (accident book).  There could be all sorts of reasons why the dates on the fit note don't match (which may form part of your investigation).

thanks 1 user thanked Kate for this useful post.
A Kurdziel on 15/08/2022(UTC)
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