Hi, employee knocks his knee on a step, works for 6 days, then goes off for 7 days - reportable or not?

Thanks. 

............thanks for the reply, he did not report - the accident - for for a number of days (definite break between accident and reporting). He "limped" around (re camera footage) afterwards, then when to his doctors - went off sick. 

Hi JHF

One of the primary rules of interpretation of British law is that unless the context demands otherwise you should interpret legislation literally.

RIDDOR says nothing about a need for an injured person to report an accident within a given timescale, nor does it say that time off following an accident has to be immediate or within a given time period and it is not uncommon for someone to be injured but soldier on until their symptoms are such that they decide they need treatment - possibly during the intervening period any injury might have been exacerbated either simply because that is what has happened OR due to some further action which might have been outside work.

So from my perspective the time between supposed accident and time off work is completely irrelevant to a literal interpretation of RIDDOR.

Contrast for example the wording of Reg 4(2) which applies to your scenario with the wording of Reg 5 relating to accidents involving person "not at work" - here one of the phrases used is:

"....and the person is taken from the site of the accident to a hospital for treatment....."

So, here if the person didn't go to see their doctor for nearly a week that accident would NOT be reportable as they haven't been carted straight off to hospital.

Equally I think that exacerbation of the injury for whatever reason is entirely irrelevant to RIDDOR reportabilily of an accident to an employee whilst "at work".

Which leaves two issues:

1. Whether the accident ever happened. You state that video footage shows them "limping" - that might or might not have been put on as an act, but it is very unlikely that you can prove this, and, to be honest, there is not much to be gained from not believing that an accident never happened UNLESS you are desperate to keep the numbers down - reporting an accident is NOT an admission of any liability. 

2. The "over 7 day" issue. On the basis of what you have posted this person was off work for seven days, not "OVER 7 days". Ergo not reportable.

As has been suggested, it would be sensible to investigate the circumstances to see if there is anything to learn that would make it less likely that something comparable will occur in future, but it might well be that your investigation concludes that all reasonably practicable measures had been taken to avoid such an incident.