LTI or Not?

[Howco2020]

Hi
If a new employee joins a company with a pre-existing injury and does not tell anyone at that time, starts work and has been employed for say 6 months or more, then complains that the injury has worsened and is due to have an operation, that employee then does not come to work as a result of the pain, is this classed as an LTI?

Thanks in advance

[Juan Carlos]

I would consider it an LTI / RIDDOR if the work activities the person carries out are likely to have contributed to the condition worsening. I would investigate the complaint and make an assessment based on that.

[Howco2020]

Hi Juan
Yes i agree with the solution, but let me pose another question, why is it an LTI? surely if the person has a pre existing injury known, does not declare it at interview/induction, continues working in pain until such a time they cant, takes a day off, informs manager of the pre-existing complaint, and also states they are waiting for an operation and have been for over a year? Why should it diminish a company's good H & S performance?

[Juan Carlos]

Hello

I don't think it would be diminishing the company's H&S performance. Incident rates are not the only way to measure H&S performance. I know it is very annoying to put it in your figures knowing what you know. I personally don't get too hung up on things like this. I would use the opportunity to show the rest of the workforce that you investigate and take all incident impartially. After conducting a thorough investigation it might turn up that the activities that this person was doing could have had some sort of injury even on a fit and well person. As well as the moral duties to investigate the incident / complaint, I would ensure everything is well documented should it come up sometime in the future. Depending on the results of your investigation, it may also be the case that you have a valid reason not to include it as LTI or RIDDOR but still document everything. That's what I would say.

[ddlh]

Hello - I see this differently from Juan Carlos (no disrespect to your answer Juan) but I would be checking your employment process.

If the question about pre existing conditions was asked before job was offered - and the employee failed to answer honestly - then signed the declaration that all information provided was true - then he is in breach of contract.
Personally I would be looking to cancel this chaps contract on this basis.
If this chap came to you from an agency - send him back as unfit for the job they were supposed to help you fill.

If your employment process is not robust - and he is past his probation period, then I may be inclined to support him but would need more information.

All in all an HR issue.

Dave