The Importance of Reporting an Accident at Work
14 August 2019
If you’ve had an accident at work the first thing that you must do is to seek medical attention. After which it is essential to report this accident to your employer. Reporting an accident can be used as solid evidence should you wish to make a claim for compensation for your injuries. It can also help your employer to improve their health and safety precautions to avoid future accidents.
The Accident Book
If your workplace has 10 or more employees they are legally required to have an accident book, to record and report details of any accidents or injuries that are incurred by staff members in the workplace. According to the Health and Safety Executive it allows businesses to comply with the legal requirements set under social security and health and safety legislation, including Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) requirements.
It is important to record the details of the accident, including the cause, injuries and the symptoms. This can then be cross referenced against medical records, as proof that the accident happened, which can be used as evidence for your work accident claim.
RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations) is health and safety legislation that requires employers, the self-employed and people in charge of premises to report certain types of workplace accidents. Only those deemed ‘responsible persons’ should report accidents under RIDDOR, including:
- An employer or person in control of premises
- Someone who is self employed
- A member of the public, an employee, the injured person or their representative
- A gas engineer or gas supplier
- A person working offshore
- A person working in a mine, quarry, pipeline or wells
The following type of work-related accidents or injuries must be reported in RIDDOR:
- Fatal and non-fatal injuries
- Occupational diseases
- Dangerous occurrences – i.e. a near miss when an accident could have occurred
- An incident in which gases have been involved
Reports submitted under RIDDOR must be submitted online, via the HSE website, within 10 days of the incident happening; or within 15 days if the person injured needed to take more than 7 days sick leave from work. The report must include the following details:
- The date of submission to RIDDOR
- The details of the person making the submission (name, job title, phone number)
- The details of the company or premises in which the accident occurred (name, address, email).
- The location, date and time of the accident
- The personal details of the injured person (name, job title, phone number)
- A description of the injury, illness or incident
If your employer fails to report an accident to RIDDOR they could face paying a fine of up to £20,000 from the enforcing authority.
Any incident that results in an employee being left incapacitated for over 3 consecutive days should be recorded by the employer in their own accident book, but does not necessarily need to be reported to RIDDOR. The recording of the incident in the accident book is enough to comply with the Social Security (Claim & Payments) Regulations 1979 Act.
Evidence of the accident
Should you wish to make a claim against your employer for their negligent actions in causing your injury or illness at work, your solicitor will need to collect the following evidence to prove that your employee was at fault:
- Photos or CCTV footage of where the accident occurred.
- Photos of the injuries before being treated
- Witness statements
- Medical reports of your injury or illness from a medical professional who examined you at the time of the accident.
- The report from the company Accident Book, showing the details of your accident and any other similar accidents that have also occurred in the workplace.
True Solicitors LLP are experienced in handling workplace accident claims for clients around the country. Our expert lawyers will handle your claim on a No Win, No Fee basis, fighting to get you access to the justice, rehabilitation and financial compensation that you deserve. If you, or a loved one, has suffered illness or injury in the last three years due to experiencing an accident at work, do not hesitate to get in touch today.