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Marmstrong36  
#1 Posted : 09 September 2022 18:53:42(UTC)
Rank: New forum user
Marmstrong36

Hi all, we had an employee injure their leg at work, suspected torn muscle. The IP remained in work for 5 days after the incident then was off work for 14 days stating they couldn't walk properly. On return to work they were asked for a fit note and their doctor back dated it to cover the 14 days off.

My question is, is this still reportable to HSE as an over 7 days injury? 

Thanks in advance

Kate  
#2 Posted : 10 September 2022 07:47:19(UTC)
Rank: Super forum user
Kate

Sounds like it.

You don't even have to be off work at all for it to be reportable - just unfit for your normal duties.

thanks 1 user thanked Kate for this useful post.
Marmstrong36 on 10/09/2022(UTC)
peter gotch  
#3 Posted : 10 September 2022 15:19:07(UTC)
Rank: Super forum user
peter gotch

Marstrong

I agree with Kate.

Only problem is that you have missed the 15 day deadline for reporting, but this is what is known as a "continuing offence" - with the potential for an additional penalty for each day of delay - so there is no point in further delay.

...but the chance of the enforcing authority wasting Court time in pursuing a case for LATE rather than NO report is about as close to nil as you could imagine.

For perspective in the last 10 years, the HSE prosecutions database records just ONE prosecution under RIDDOR 2013 (taken along with a charge against the employer under HSWA) and 16 cases under previous iterations of RIDDOR.

Just explain why the report is late.

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