If you’ve been involved in an accident that wasn’t your fault in your workplace, you may be wondering what happens next.
Do you need to report the incident? Should it be recorded in the accident book? Can you seek compensation for your injuries?
All valid and important questions to know if you’ve experienced an accident at work. Through this guide, we’ll cover everything you need to know about the accident reporting procedure in the workplace, including how to seek legal support for compensation.
What to Do if You Have an Accident at Work?
Having an accident at work can be an emotionally and physically distressing time. While you are likely worried about any injuries that happened as a result, there’s also often the worry of how your employer will react, especially if you need to take legal action against them.
That’s why ensuring the accident is properly and officially reported is crucial to receiving the compensation you deserve, while protecting your rights as an employee.
We’ll start at the beginning and guide you on what you should do – from the instant the accident happened to reporting and documenting the event, and how to seek legal support.
1. During The Accident
Before you can consider reporting the incident, you first need to ensure that you are physically okay and tend to any injuries as a priority.
Medical assistance may be required, whether that’s in the form of a first aid kit or something more serious, such as calling the emergency services.
The accident scene would then need to be secured by your employers or fellow workers to ensure that health and safety standards are restored.
Once medical attention has been provided and the scene is safe, you can then begin to think about reporting and documenting the event.
2. Reporting The Accident
So now any injuries are tended to and the area is no longer a hazard, the next step is to report the incident.
There are multiple routes of reporting that you need to consider, including:
Internal reporting
Firstly, the accident should be reported to HR, your supervisor, a health and safety representative or a figure of authority in your workplace.
In most cases, this will have been reported for you by your employer or health and safety rep.
Accident book
The incident will then be recorded in an accident book or digital system. Again, this will likely be reported to you by your workplace.
This will involve key details about the event, such as date and time, who was involved, a detailed description of the accident and photographs of the scene, if possible. The accident log can be used during legal proceedings to reference key details about the incident, strengthening your case.
Witness reports
Next, witness statements can be recorded. These are usually collected from your employer, but you can also directly collect witness statements yourself. These can be especially useful in any legal claims that are made against the employer.
However, it’s important not to rely on witnesses’ statements to solidify your case. Especially in work-related accidents, witnesses are often other employees who may worry about their own position in the company if they support claims against their employer, so while they may offer statements initially, they can often retract them when faced with a legal case.
RIDDOR
In the UK, it is a legal requirement that your work accident is reported to the Health and Safety Executive (HSE) under RIDDOR – Reporting of Injuries, Diseases and Dangerous Occurrences Regulations. This is the case even if you are self-employed.
A RIDDOR report should be submitted for most types of work accidents, including:
- Accidents resulting in specific injuries to workers
- Accidents resulting in death
- Accidents that are non-fatal but require hospital treatment
- Dangerous occurrences
However, in some cases, your employer (or you) may not report this, for example, if the incident was minor; however, you can report it yourself.
A RIDDOR report is especially useful during a legal claim, as it can provide significant evidence about the event. If a RIDDOR report is not made, this doesn’t mean that your claim would be unsuccessful, as you can still use medical records, which will hold up in court. But without one, this could slow down the progress of the case.
How Long Do You Have to Report An Accident at Work?
From when the accident occurred, the accident should be reported within 10 days to HSE under RIDDOR. For over-7-day injuries, it should be reported within 15 days.
If you’re looking to make a personal injury claim against your employer, you have three years from when the accident happened, or when you found out about the accident.
If you’re under 18 years old, you will have up until your 21st birthday to take any legal action, as the three years to make a claim begins on your 18th birthday.
3. Seeking Legal Support
If you have been harmed due to a workplace accident, whether that’s physically or emotionally, you may choose to take legal action against your employer.
Compensation for workplace accidents can be claimed for several reasons, including:
- Medical expenses: If you’ve required private medical treatment, surgery or follow-up care due to a workplace accident and these costs were not covered by the NHS, you may be entitled to claim them back.
- Pain and suffering: This covers any physical pain caused by the workplace accident, as well as emotional or psychological distress, such as PTSD, anxiety or depression linked to the incident.
- Loss of earnings: If your injuries have forced you to take time off work, you may be able to claim for lost wages. This also extends to future losses if your ability to return to work, carry out your usual duties or progress in your career has been affected.
- Rehabilitation and support: Compensation can cover the cost of rehabilitation following a workplace accident, such as physiotherapy for physical recovery or counselling for emotional trauma.
- Long-term impact: In more serious cases, claims can include the cost of long-term care and support. This may involve living with a disability, adapting to a reduced quality of life or managing ongoing physical or psychological conditions caused by the accident.
If you believe you are entitled to compensation for an accident that wasn’t your fault, seeking legal support should be your next step in obtaining the justice you deserve.
How To Make a Workplace Accident Claim
Firstly, choose a solicitor firm that specialises in personal injury, specifically around accidents in the workplace, like CEL Solicitors.
Putting your trust in an experienced firm who have years of experience helping employees gain the compensation they deserve will ensure your case is as strong as it can be.
To begin your claim, simply get in touch with our expert team of personal injury solicitors by either filling in this online form or giving us a call to talk through your situation with a specialist.
We’ll ask for some details about your workplace accident and refer you to the most appropriate solicitor for the case. If your claim is successful, we will work with you to achieve compensation for your accident.
Choosing CEL Solicitors for Personal Injury Claims
Many people worry about making a claim against their employer for a workplace injury for fear of being fired.
That’s why working with a team of trusted, experienced personal injury solicitors with a strong track record of recovering millions for clients is crucial. Our expert team at CEL Solicitors specialise in personal injury claims, offering you peace of mind that your employee rights are protected while seeking the justice you deserve.
We also operate on a No-Win, No-Fee promise – this means that you won’t need to pay any fees up front, giving you access to the legal support you need without financial worry.
Not sure if your claim is strong enough? Talk things through with us – our expert consultation is completely free. We’ll listen, review your situation carefully and provide clear advice on your next steps.
Ready to pursue your personal injury claim for an accident in the workplace? Get in touch today for a free, no-obligation consultation. Call 0333 305 4982 for the support you deserve.
