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hello

i had a accident in work and my solicitor asked the health and safty executive for a report but was told the accident was not reported

but was reported to the local council as i had to give a statment of my accident ,

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did no one complete an accident book at work? were you off work after the accident?


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If this accident happened after 5th April 2012, if you were off work for more than 7 consecutive days it constitutes a reportable incident. If it happened before that date, it's 3 days.


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happend in march 2011 i havent been back to work since as iv been left with a hand disability and im on esa the accident was in the report book at work but the hse must not have been told only the local health and safety at the council ,

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it may be as simple as when the accident was reported the form stated you had not been off for >3 days which meant your accident may have been filed instead of RIDDOR reported, i will not bore you with the technicalities of that legislation or the fact many H&S officers miss these things, your solicitor should be asking the employer for a copy of the accident form not the HSE, if they cannot produce one but do not deny your accident that won't do anything to help them as it is within the 3 year limitation period.

 

The hse will only care if the accident was of a sufficient consequence that they would have been interested in it, bottom line is your pursuing a negligence claim not a breach of RIDDOR regs.

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