What to do when a member of staff is injured at school
Advice to Headteachers from Suffolk NUT and UNISON
A: BE PREPARED:
1. Ensure that your emergency procedures allow immediate assistance to be called at all times, even where an employee is working on his/her own.
2. Ensure that you have sufficient trained first aiders at all times
3. Check communications to ensure that calls for help will be answered immediately at all times.
4. Check availability and readiness of First Aid kits/boxes and First Aid Rooms.
5. Anticipate accidents and ill-health occurring in any part of the school and plan emergency procedures as part of your regular risk assessment.
6. Make sure all staff know where the "Incident" book is kept
7. Train and remind staff that the Incident book is for reporting hazards as well as actual injury, harassment, bullying, verbal abuse and evidence of repetitive injuries, not just accidents.
8. Monitor incident forms continuously to assist in the identification of new or emerging hazards and take appropriate measures to ensure that the hazard is removed or minimised. Once a hazard has been identified, the employer can become liable for negligence if steps are not taken to eliminate the hazard.
9. Aim for zero incidents due to hazards. There is no "acceptable" level of injury or hazardous incident.
B. DEALING WITH ACTUAL INCIDENTS
1. a) Check that there is no immediate danger to any other person by the same cause.
b) Identify what injury has been sustained
c) Ensure that appropriate first aid is administered and that all appropriate medical treatment is received immediately.
d) Support witnesses (who might include children)
e) ensure emergency cover.
2. Ensure that an Incident Report Form is filled in the same day (not necessarily by the employee affected).
3. Investigate the cause and take all reasonable immediate measures to prevent any recurrence.
4. If the incident involved violent or criminal assault, the Headteacher should inform the area office (who will advise whether the County Insurance Section and/or police should be informed. (See additional guidance on assault). In cases of assault by adults and secondary age pupils, occasioning actual harm, the police should normally be informed.
5. Complete Part 6 of the Incident Report Form. Send forms to County Hall by the end of the next working day.
6. Ensure that the employee (or his/her representative) knows how to contact the Department of Social Security to obtain Form BI 95 which tells the DSS that there has been an incident at work (whether or not the employee needs time off from work at the time of the incident). These may be available via the employee's trade Union. The current DSS contact number for this purpose is 01502 504000.
7. If the incident is serious (whether involving time off or not) and for all incidents involving more than three days off work, ensure that the Area Office has completed a Form F2508 and has sent it to the Health and Safety Executive. (At present these forms are not available in school and have to be completed by the Area Office).
8. Inform the injured employee of all steps taken and provide copies of all reports requested.
9. Write to the injured employee with a letter confirming that the employee's absence from work is due to an incident at work which has been recorded in the Incident Report Book.
10. Consider what long-term action is required to avoid any repetition of the same incident.
11. If an injury which seemed minor at the time develops complications which renders the incident serious, ensure that the Area Office is made aware of the complications so that they can complete a form F2508 to report the seriousness of the incident to the Health and Safety Executive. Ensure also that the employee has received and returned DSS form BI 95.
FOLLOW-UP:
1. Keep the employee informed, in writing, of developments and of his/her rights.
2. If the accident could be attributable to the actions of another employee or third party the employee should be advised by the Head, and in writing:
(i) to seek advice from his/her Trade Union or a solicitor about claiming damages and possible compensation from the Criminal Injuries Compensation Board, and then
(ii) to pursue any claim by writing to the County Treasurer, PO Box 38, IPSWICH, setting out the facts and registering a claim for compensation / damages.
3. Carry out an immediate further risk assessment, include a report on the incident in the annual Health and Safety Report to the Governing Body, including a report on how the hazard has been eliminated.
4. Inform the employee of any advice or response received from SCC or the Health and Safety Executive.
Long-term absence:
1. Heads must keep employees informed of their rights and of any developments in their case without pressurising the employee for a response, particularly over a date for return to work or asking for work-related tasks to be done at home.
2. Assure staff via a statement from County Personnel Department that full pay will be paid, even if they run out of "sick pay" entitlement, because it is recorded as an "industrial injury", but that sick notes must still be sent in, and run concurrently.
3. Advise injured staff that they may:
- seek advice from their trade union
- seek advice from the LEA Area Personnel Officer
- seek advice from the Benefits Agency
- refer any problems over benefits to the Social Services Welfare Unit, County Hall for advice
- visit the school while still "signed off" at appropriate times to maintain contact (but not to do any work)
- seek a referral to the Occupational Health Service.
4. List possible avenues for claims for damages, compensation, allowances:
- Social Security Benefits (e.g.., Industrial Injury Benefit, Incapacity Allowance)
- Criminal Injuries Compensation Board
- Suffolk County Council
- Any personal accident or injury policies you may have (including that operated by the employer or your Trade Union)
- PACT (where the injured employee is now disabled).
5. Ask Personnel to note the date on which sick pay would otherwise go to half pay and inform the employee.
6. Ensure that the employee has all relevant information on how to obtain all benefits and to lodge claims.
Outcomes: Returning to work
1. Inform the employee that (s)he may, when ready, wish to negotiate terms for a phased return to work or modifications to the work.
2. Liaise with the Area Personnel Officer and the employee's Trade Union representative to arrange joint negotiations, where agreed with the employee.
3. Put in writing all temporary and permanent agreed variations to contract before the return to work.
4. Ensure that the return to work includes a full assessment of the risk of any further injury to the returnee and that there is no possibility of a repetition of the original injury, whatever the cause (physical or otherwise).
5. Ensure that the returnee has been provided with training and information about any changes which have been made since sick leave started.
OUTCOMES: Non return to work
1. In cases of serious injury, the medical advice may be that the employee is not able to return to work, at least to the former post.
2. In these situations, the employee must be encouraged, in writing, to seek advice from his/her Trade Union and the Area Education Personnel Officer and take into account the possibility of providing alternative employment and/or making reasonable adaptations to work patterns and contract / job description to allow the employee to continue to work. The possibility of a successful application for retirement on the grounds of ill-health should also be investigated, as either an alternative to continued employment or as a part solution with alternative re-deployment.
3. The Head should also seek advice from the Area Education Personnel Officer and seek the agreement of the employee's trade union for any proposed course of action.
Martin Goold 27/07/99
Revised 13/10/99 c:inciden.wps