Accident or Incident

[andy3665]

I've recently need a bad ankle injury while on duty and am now on crutches on the sick. I've explain how it happened to the manager in a reconstruction and he has put it done as an INCIDENT at work and said he'll refer me to ATOS so I can receive anything I need and to take as much time as I need. I'd had no sleep and was on a lot of painkillers so went along with it.

My concern now my head is a bit clearer is I'm going to get a Stage One warning for being off work. Can anyone explain if I will get a warning? If so, can I fight it?

[Hitcher]

It was an accident as you were hurt and should have been recorded as one (ERICA).

Once again managers protecting their bonuses!

[ganda]

It was an accident as you were hurt and should have been recorded as one (ERICA).

Once again managers protecting their bonuses!

Correct and ditto

[spiderj]

Involved rep?


Also any witnesses when it was being recorded?

Have you checked DWP website "reporting industrial injuries"?

Does your gp have a record of injury/mechanism of injury/treatment given?

Do you have the footwear you were wearing and are the soles in good condition?

Don't know about anyone else but I find the investigating procedure geared towards blaming the opg.

An accident is just that,something unexpected out with your control

If your in the right...chin up and challenge their findings...

Good luck

[eastie]

DOM's get extra bonuses for no accidents . an incident at work doesn't affect their bonus.
Work it out for yourself.
Had the same with a dog bite , I wanted it in the accident book and the DOM wanted it treated as a NEAR MISS

[IcanthelpthewayIam]

Regardless of whether its an accident, incident or near miss, it ALL goes into ERICA, dom will try and say its an incident and claim he doesnt need to report them, Bollocks, everything should be recorded in erica

If he wants to class it as an incident, then fine, but it still gets dealt with exactly the same way as an accident, what he chooses to call it doesnt affect the outcome

[TrueBlueTerrier]

MY Definition:

Accident: an incident that causes injury or no matter how insignificant.

Incident: An accident that didn't cause, or was unlikely to cause injury.

Also as the OP had an injury that caused an absence then it must surely fall under RIDDOR 2013

Over-seven-day incapacitation of a worker
Accidents must be reported where they result in an employee or self-employed person being away from work, or unable to perform their normal work duties, for more than seven consecutive days as the result of their injury. This seven day period does not include the day of the accident, but does include weekends and rest days. The report must be made within 15 days of the accident.

Over-three-day incapacitation
Accidents must be recorded, but not reported where they result in a worker being incapacitated for more than three consecutive days. If you are an employer, who must keep an accident book under the Social Security (Claims and Payments) Regulations 1979, that record will be enough.

[TrueBlueTerrier]

My concern now my head is a bit clearer is I'm going to get a Stage One warning for being off work. Can anyone explain if I will get a warning? If so, can I fight it?

You may get a warning (or review stage 1 as they call it now), as although Accidents on Delivery can be discounted, it doesn't mean they automatically are. If the investigating manager finds you are partially, mainly or entirely to blame then they can issue a Review.

Unfortunately, you cannot appeal an issue of a Review Stage1 (or 2). But if you get to a Stage 3 then all of your sickness record is looked at, and then an AOD included in a Stage is normally looked at closely. Then if there are any issues about its validity, or processes followed, its unlikely you'll be dismissed, and indeed possible that stages are removed.