Need some advice regarding accident at work on saturday. Colleague at the office went right into the back of me with a york container.
I only had a couple of hours to go on shift so continued and finished my shift.
The very next day I work up with an awful pain in and around my spine and back.
I have since been to the doctors who has refered me to phyio and advised to continue taking my pain killers.
So on monday morning when I was due to go back to work I rang in sick with a bad back.
However this has not yet been reported as an accident yet on the erica system, as I did not feel the need at the time to bring it as I did not know how severe my back pain was going to be at the time and the fact I would not be able to attend work in the subsequent days following this accident
My questions are:
1. Is it now too late to report this accident, as the many posts I have read say it must be done within 24hours?
2 What are the reprucssions for me reporting this as accident on my return to work (hopefully within the next few days) as I have read some scary stories on the forum regarding conduct Action for failing to report accident straighaway?
3. What are the benefits of me reporting this AOD and how would it help me?
4. Potential compensation for accident at work?
Basicly just want some advice now as I am now in bit of a dielemna as to whether to report it as AOD or not as there are conflicting views on the forums, I do not wish to be conducted over this matter nor do I wish my colleague who ran into the back of me to get in any trouble.
Many thanks in advance for help
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Accident at Work - AOD Advice needed
-
General Mannerheim
- EX ROYAL MAIL
- Posts: 2299
- Joined: 14 Dec 2007, 13:10
- Gender: Male
- Location: Stalag 17
Re: Accident at Work - AOD Advice needed
You have a legal right to report an accident.
The bullies like to say that you can only report an accident within 24 hours,this is an absolute load of bollocks,it should be done as soon as possible but where circumstances dictate you can fill the Erica in later,you can even do it over the phone,but the bullies will want you to come in an fill it out,you know so they can talk you out of it or to say it was your fault anyway. w*****s.
The bullyboy management will say any s**t to stop you recording an accident as it looks bad for their figures.
CWU lawyers Simpson Millar LLP have advised regarding the provisions of regulation 25 of the Social Security (Claims and Payments) Regulations 1979 (as amended). In particular subsection 3 which reads:
(3) Every owner or occupier (being an employer) of any mine or quarry or of any premises to which any of the provisions of the Factories Act 1961
applies and every employer by whom 10 or more persons are normally employed at the same time on or about the same premises in connection
with a trade or business carried on by the employer shall, subject to the following provisions of this paragraph-
(a) keep readily accessible a means (whether in a book or books or by electronic means), in a form approved by the Secretary of State, by which a person employed by the employer or some other person acting on his behalf may record the appropriate particulars (as defined in regulation 24)
of any accident causing personal injury to that person; and
(b) preserve every such record for the period of at least 3 years from the date of its entry.
In particular with regard to the above regulation:
1. The accident book or equivalent must be readily accessible.
2. It is a matter for the employee, not the employer or any one acting on behalf of the employer, whether an entry is made in the accident book or
equivalent.
3. There is no restriction on the nature and type of accident and injury that can be entered into an accident book or equivalent. It is for the employee
to determine whether or not they have sustained a personal injury and whether they have been involved in accident.
4. There is no restriction on the time within which an accident has to have occurred in order for an employee to make a record in the accident book
or equivalent. Regulation 25(3)(b) implicitly recognises that an entry may be made in an accident book at some point after the accident occurred.
There should not be ANY repercussions, and if there are get your reps onto it,preferably your Health and Safety rep.
The benefits are that once it's recorded if you lose money for example wages are stopped you can claim some money from the DWP if you are injured,also it might flag up that loads of toss pots overload yorks and can't see over the top of them and then run into people(but then they don't really give a s**t
).
Yes you might have a claim against Royal Mail,but you will have to seek that out from legal services.
The bullies like to say that you can only report an accident within 24 hours,this is an absolute load of bollocks,it should be done as soon as possible but where circumstances dictate you can fill the Erica in later,you can even do it over the phone,but the bullies will want you to come in an fill it out,you know so they can talk you out of it or to say it was your fault anyway. w*****s.
The bullyboy management will say any s**t to stop you recording an accident as it looks bad for their figures.
CWU lawyers Simpson Millar LLP have advised regarding the provisions of regulation 25 of the Social Security (Claims and Payments) Regulations 1979 (as amended). In particular subsection 3 which reads:
(3) Every owner or occupier (being an employer) of any mine or quarry or of any premises to which any of the provisions of the Factories Act 1961
applies and every employer by whom 10 or more persons are normally employed at the same time on or about the same premises in connection
with a trade or business carried on by the employer shall, subject to the following provisions of this paragraph-
(a) keep readily accessible a means (whether in a book or books or by electronic means), in a form approved by the Secretary of State, by which a person employed by the employer or some other person acting on his behalf may record the appropriate particulars (as defined in regulation 24)
of any accident causing personal injury to that person; and
(b) preserve every such record for the period of at least 3 years from the date of its entry.
In particular with regard to the above regulation:
1. The accident book or equivalent must be readily accessible.
2. It is a matter for the employee, not the employer or any one acting on behalf of the employer, whether an entry is made in the accident book or
equivalent.
3. There is no restriction on the nature and type of accident and injury that can be entered into an accident book or equivalent. It is for the employee
to determine whether or not they have sustained a personal injury and whether they have been involved in accident.
4. There is no restriction on the time within which an accident has to have occurred in order for an employee to make a record in the accident book
or equivalent. Regulation 25(3)(b) implicitly recognises that an entry may be made in an accident book at some point after the accident occurred.
There should not be ANY repercussions, and if there are get your reps onto it,preferably your Health and Safety rep.
The benefits are that once it's recorded if you lose money for example wages are stopped you can claim some money from the DWP if you are injured,also it might flag up that loads of toss pots overload yorks and can't see over the top of them and then run into people(but then they don't really give a s**t
).Yes you might have a claim against Royal Mail,but you will have to seek that out from legal services.
Royal Mail managers.....about as popular as a t.urd in a swimming pool!
The DDA/Equality Act demands action,NOT words......adjustments NOT Occupational Health referrals.Case No:2505901/09
Royal Mail is an Equal Opportunities Employer..It discriminates against everybody.
The DDA/Equality Act demands action,NOT words......adjustments NOT Occupational Health referrals.Case No:2505901/09
Royal Mail is an Equal Opportunities Employer..It discriminates against everybody.
-
gluteus maximus
- Posts: 241
- Joined: 12 Oct 2013, 15:08
- Gender: Male
Re: Accident at Work - AOD Advice needed
It is now a condition as to any industrial injury benefit that the accident is recorded in the accident reporting procedure. Failure can have a negative impact if you have to claim for disability injury through the DWP. it can also have an impact on any disability penison. Managers now have a statutory duty in recording accidents under the Welfare Reform Act 2012. This injury might not seem much now but may and can have a serious inpact in a few years. That is why it is so important to get the accident recorded as an accident on duty. It will also not be included in the business own absence recording procedure being an accident on duty.
Regulation 3(1)(II) Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995. This stipulates that an employer has the statutory duty to submit a report through the accident reporting process within 10 days if the injury incapacitates the employee for more than 7 days.
1. The accident book or equivalent must be readily accessible.
2. It is a matter for the employee, not the employer or any one acting on behalf of the employer, whether an entry is made in the accident book or equivalent.
3. There is no restriction on the nature and type of accident and injury that can be entered into an accident book or equivalent. It is for the employee to determine whether or not they have sustained a personal injury and whether they have been involved in accident.
4. There is no restriction on the time within which an accident has to have occurred in order for an employee to make a record in the accident book
or equivalent. Regulation 25(3)(b) implicitly recognises that an entry may be made in an accident book at some point after the accident occurred.
Regulation 3(1)(II) Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995. This stipulates that an employer has the statutory duty to submit a report through the accident reporting process within 10 days if the injury incapacitates the employee for more than 7 days.
1. The accident book or equivalent must be readily accessible.
2. It is a matter for the employee, not the employer or any one acting on behalf of the employer, whether an entry is made in the accident book or equivalent.
3. There is no restriction on the nature and type of accident and injury that can be entered into an accident book or equivalent. It is for the employee to determine whether or not they have sustained a personal injury and whether they have been involved in accident.
4. There is no restriction on the time within which an accident has to have occurred in order for an employee to make a record in the accident book
or equivalent. Regulation 25(3)(b) implicitly recognises that an entry may be made in an accident book at some point after the accident occurred.