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bikermom
Posts: 30
Joined: 05 Apr 2019, 19:30
Gender: Female

Hi ,

Post by bikermom »

Im really having issues in work , injured at work and my manager is unwilling to report it on the Erica system ,dont want to cause any trouble ,but I'm really worried that my injury is a longer term thing ,this was a week ago , what should I do ? its really akward .
TrueBlueTerrier
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Hi ,

Post by TrueBlueTerrier »

Insist on the manager recording it, Its not up to the manager on whether is recorded or not - its up to you.

If you with the CWU alert the Rep, H&S Rep and Area Safety Rep.
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bikermom
Posts: 30
Joined: 05 Apr 2019, 19:30
Gender: Female

Hi ,

Post by bikermom »

my cwu rep was present at the time and is aware of what happened ,this is a really close knit team ,anything i do is going to be wrong unfortunately,he wouldn't accept it I tryed ??
TrueBlueTerrier
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Posts: 72288
Joined: 30 Dec 2006, 10:29
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Location: On my couch

Hi ,

Post by TrueBlueTerrier »

Then a greviance is another option.

As stated its up to you if it gets recorded not the manager, they CANNOT refuse, its illegal to do so.

https://www.royalmailchat.co.uk/communi ... 3&p=655892" onclick="window.open(this.href);return false;
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;
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.


Royal Mail have further been advised that a failure to provide a proper, accessible, accident book or equivalent may amount to a breach of statutory duty pursuant to Regulation 5 of the Management of Health and Safety at Work Regulations 1999.
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