Paddy Galore! Posted October 30, 2014 Report Share Posted October 30, 2014 Hi gents, the wife's back is playing merry hell again after a trip at work, her boss has sent details to RIDDAW or something like that and has referred her to the OH, can anyone give us some advice on what this entails and what can happen as I haven't got a clue, wifey is quite worried about getting the push because this isn't the first time she's had time off because of her back, she's had 3 weeks off so far with a slipped disc, this has caused a lot of sciatic pain and she's on horse trancs at the moment. thanks for any help, Paddy. Quote Link to comment Share on other sites More sharing options...
kyska Posted October 30, 2014 Report Share Posted October 30, 2014 (edited) More info needed fella, if she's had an accident that's needs reporting due to RIDDOR it's fairly serious. Why would her job be at risk? Reporting to the HSE is mandatory. Was her injury caused at work? Edited October 30, 2014 by kyska Quote Link to comment Share on other sites More sharing options...
fenboy Posted October 30, 2014 Report Share Posted October 30, 2014 Did your wife injure her back at work ? , if not then it is not reportable under RIDDOR. Depending on the company being sent to Occupational health is not a bad thing , it can be as much about what the company can do to help her as anything else Quote Link to comment Share on other sites More sharing options...
kyska Posted October 30, 2014 Report Share Posted October 30, 2014 (edited) Did your wife injure her back at work ? , if not then it is not reportable under RIDDOR. Depending on the company being sent to Occupational health is not a bad thing , it can be as much about what the company can do to help her as anything else Edit Edited October 30, 2014 by kyska Quote Link to comment Share on other sites More sharing options...
Paddy Galore! Posted October 30, 2014 Author Report Share Posted October 30, 2014 she got her feet tangled in a dust sheet in a corridor at work, hence the incident being reported, she already has a bad back and has had time off because of it in the past, so I guess that's why OH are now involved. just wondering if they can do much for her or if it's just the first step in making her redundant. Quote Link to comment Share on other sites More sharing options...
birdsallpl Posted October 30, 2014 Report Share Posted October 30, 2014 Here is the link to the official site that explains the employers legal responsibilities to report work related incidents. As previously said it could well be a benefit for your wife being referred to occupational health. However you should be aware that some accidents at work can and are put down to negligence on the part of the injured person. It is not always put down to faulty equipment, standards or procedures. A root cause analysis will establish the reason for the incident / accident. http://www.hse.gov.uk/riddor/ Quote Link to comment Share on other sites More sharing options...
fenboy Posted October 30, 2014 Report Share Posted October 30, 2014 I would not worry unduly , if the injury she sustained at work ultimately means she cannot carry out her duties and she is forced to leave then there will be a very good chance of her being able to get some very good compensation . Again depends on the size of the company but there have been some finished at my place through occ health that have gone on 80% of their wage until their pension kicks in, and some of those were only in their 30s Quote Link to comment Share on other sites More sharing options...
kyska Posted October 30, 2014 Report Share Posted October 30, 2014 (edited) she got her feet tangled in a dust sheet in a corridor at work, hence the incident being reported, she already has a bad back and has had time off because of it in the past, so I guess that's why OH are now involved. just wondering if they can do much for her or if it's just the first step in making her redundant.That's not a reportable injury unless she has fractured her back. It should be reported as an accident through normal HSAW act, (internal policy) not RIDDOR. It's a long old haul to get rid of someone due to a work related injury. Edited October 30, 2014 by kyska Quote Link to comment Share on other sites More sharing options...
Paddy Galore! Posted October 30, 2014 Author Report Share Posted October 30, 2014 I would not worry unduly , if the injury she sustained at work ultimately means she cannot carry out her duties and she is forced to leave then there will be a very good chance of her being able to get some very good compensation . Again depends on the size of the company but there have been some finished at my place through occ health that have gone on 80% of their wage until their pension kicks in, and some of those were only in their 30s cheers, but I think she'd rather have a job lol! That's not a reportable injury unless she has fractured her back. It should be reported as an accident through normal HSAW act, (internal policy) not RIDDOR. according to the link above it's reportable if the absence is over 7 days. Quote Link to comment Share on other sites More sharing options...
birdsallpl Posted October 30, 2014 Report Share Posted October 30, 2014 That's not a reportable injury unless she has fractured her back. It should be reported as an accident through normal HSAW act, (internal policy) not RIDDOR. It's a long old haul to get rid of someone due to a work related injury. It is reportable to RIDDOR if the person is off work for 7 consecutive days due to any work related. Quote Link to comment Share on other sites More sharing options...
wingnut Posted October 30, 2014 Report Share Posted October 30, 2014 It is reportable to RIDDOR if the person is off work for 7 consecutive days due to any work related. Or the person can not do their normal job due to the injury, and they are then given "light duties"-it still becomes reportable under Riddor Regs, OH is normally involved to ensure the person does not suffer any further problems while recovering from any work related injury. I hope and pray the injury was entered into the company accident book. Quote Link to comment Share on other sites More sharing options...
kyska Posted October 30, 2014 Report Share Posted October 30, 2014 cheers, but I think she'd rather have a job lol! according to the link above it's reportable if the absence is over 7 days. Ah, yes, my mistake, I've misread your first post. If she was injured at work, they'll have a terrible job getting rid of her, the OH appointment will be to assess her fitness for work, in her current position, do you both have a reason to be paranoid about this? Most employers are sympathetic. Make sure her GP is kept up with what's happening. Quote Link to comment Share on other sites More sharing options...
HDAV Posted October 31, 2014 Report Share Posted October 31, 2014 Tripping over a dust sheet? Was it a contractors dust sheet? If so I would be far more worried about being the contractor than the victim! Quote Link to comment Share on other sites More sharing options...
KPV4 Posted October 31, 2014 Report Share Posted October 31, 2014 Tripping over a dust sheet? Was it a contractors dust sheet? If so I would be far more worried about being the contractor than the victim! Totally agree, regardless whether the injured party (IP) had an existing back condition or not, this would be classed as a work related accident which has resulted in time off sick. Reportable under RIDDOR if the IP is either away from work for more than 7 consecutive days or cannot undertake her normal duties and has to do something else, light duties etc..... If I were investigating, I would be asking had suitable and sufficient risk assessments and safe systems of work been implemented for the work that was being undertaken to control the hazards and associated risk to an acceptable level? Also what considerations were given to those (others) using the facility while the work was being undertaken. Had the assessment identified the hazards associated with the work and how it effecting other company employees? if not, it should have and adequate controls should have been in place to prevent an accident and injury. If you were to claim for the injury (civil law) all that has to be proved is a duty of care was owed to the IP, which it was and should not be hard to prove. If someone is injured at work though someone else's negligence due to poor work practices etc. then they should possibly consider pursuing a claim for the injury against those at fault, employer or contractor. Also since this has been reported under RIDDOR then there is always the possibility the HSE may want to investigate for beaches in Statue Law (ACTS and Regulations), including Health & Safety at Work etc. Act 1974, Management of H&S at Work Regs 1999 (as amended) and also possibly the Construction, Design and Management Regs 2007 (if construction work). If the HSE do investigate and identify significant failings and breaches in the Regs then a prosecution may follow...! I wouldn't worry about the Occ Health referral, its possibly to look at how your wife can be accommodated in work until such time as she has recovered sufficiently to resume her normal work. The ball is in your court with this one, if your wife was to loose her job due to the injury preventing her continuing to work, it would pave the way for a greater claim, loss of continuation of work..! I would certainly be worried if I were the person who put the dust sheet in the corridor without considering the hazard it posed to others who were using the facility...! Quote Link to comment Share on other sites More sharing options...
HDAV Posted October 31, 2014 Report Share Posted October 31, 2014 (edited) KPV4 I wouldn't want to be subject to one of your investigations! It's often overlooked but slips trips and falls are largely avoidable with some very simple steps but often forgotten. One reason I hate working in occupied premises or areas open to the public.... You never know what they will do! Edited October 31, 2014 by HDAV Quote Link to comment Share on other sites More sharing options...
birdsallpl Posted October 31, 2014 Report Share Posted October 31, 2014 KPV4 I wouldn't want to be subject to one of your investigations! It's often overlooked but slips trips and falls are largely avoidable with some very simple steps but often forgotten. One reason I hate working in occupied premises or areas open to the public.... You never know what they will do! I agree that's why I brought up the potential of negligence on the part of the injured. Quote Link to comment Share on other sites More sharing options...
alexl Posted October 31, 2014 Report Share Posted October 31, 2014 (edited) I agree that's why I brought up the potential of negligence on the part of the injured. Id have thought in this instance putting a dust sheet down, and creating a trip hazard is not following the duty of care any worker/contractor is obliged to provide, protecting any party who may be injured as a result of their actions. Strange as it may be, consideration even has to be given to trespassers who may not be aware of potential hazards. Edited October 31, 2014 by alexl Quote Link to comment Share on other sites More sharing options...
KPV4 Posted October 31, 2014 Report Share Posted October 31, 2014 I agree that's why I brought up the potential of negligence on the part of the injured. This would be contributory negligence, and if the injured party were partly to blame would just reduce the cost of the claim in proportion. An easy example of this would be; an area was cordoned off because of an excavation but someone walked around, through or stepped over the barriers and then fell into the excavation injuring themselves. They would have contributed towards their own injury by ignoring the barriers/control measures. But there would still be negligence on the side of those who cordoned the are off, because the controls in place weren't sufficient to prevent access to the hazard. Quote Link to comment Share on other sites More sharing options...
KPV4 Posted October 31, 2014 Report Share Posted October 31, 2014 (edited) Id have thought in this instance putting a dust sheet down, and creating a trip hazard is not following the duty of care any worker/contractor is obliged to provide, protecting any party who may be injured as a result of their actions. Strange as it may be, consideration even has to be given to trespassers who may not be aware of potential hazards. The piece of legislation that relates to trespassers is the Occupiers Liability Act 1957-84, the 1984 amendment covers trespassers. But this is quite specific and doesn't include those that are there carrying out illegally acts such as burglars. It is reserved for those who may be classed as trespasser in other ways, an example would be a child entering a construction site to collect a football and there is case law that has set president to this effect. Edited October 31, 2014 by KPV4 Quote Link to comment Share on other sites More sharing options...
birdsallpl Posted October 31, 2014 Report Share Posted October 31, 2014 Id have thought in this instance putting a dust sheet down, and creating a trip hazard is not following the duty of care any worker/contractor is obliged to provide, protecting any party who may be injured as a result of their actions. Strange as it may be, consideration even has to be given to trespassers who may not be aware of potential hazards. It really all depends on previous actions. We're signs posted, was the area cordoned off, work permits etc, etc. There are many actions that could have been imposed that the conclusion of negligence on the part of the injured could be concluded. This is of course all subjective because we don't know the facts of this particular incident. My point really is that quite often after investigation the fault has been with the injured and discipline has followed Quote Link to comment Share on other sites More sharing options...
chrisjh Posted October 31, 2014 Report Share Posted October 31, 2014 Hope your wife is ok and gets well soon, Quote Link to comment Share on other sites More sharing options...
Paddy Galore! Posted November 2, 2014 Author Report Share Posted November 2, 2014 thanks guys Quote Link to comment Share on other sites More sharing options...
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