How to report an accident at work

Accidents at work are one of the most common claims for personal injury. In this blog, Samantha Castle, explains the importance of reporting an accident at work and how this could affect a future workplace injury claim.

Legal requirements for reporting a workplace accident

Strictly speaking, any accident an employee has at work, whether a slip, trip, fall or something more severe resulting in a serious injury must be reported to their employer and recorded in the accident book. This is a RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations) requirement; RIDDOR requires employers and those in control of workplaces to report certain types of accidents, injuries, and dangerous occurrences.

Workplace accident records must include a name, the date, place and time of the incident, and the injury sustained.

Who is responsible for filling in the accident book?

Generally, it is good practice for the employee to fill out the accident book, if they are able. However, the report must be checked and signed by one of the employer’s First Aiders.

In terms of who is legally responsible for the work accident book, it is the employer’s responsibility to ensure it is filled out after every incident. It is also their duty to ensure all staff know where the accident book is and how to report an incident at work.

Recording incidents is not only important for compliance with Health and Safety Executive, (HSE) and RIDDOR requirements, but reports can be useful evidence when making a workplace accident claim.

Accidents must be recorded in the accident book where they result in a worker being away from work, or unable to do their normal work duties, for more than three consecutive days.

What accidents at work are reportable?

Work accidents that result in a reportable injury must be reported under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) by a ‘responsible person’ who will be:

• An employer
• A self-employed worker
• Whoever is responsible for work premises when a reportable accident has occurred

Those who are not responsible under RIDDOR do not need to make a report, this includes the injured person (unless they are self-employed), a member of the public and others with no duties under RIDDOR.

Accidents that are reportable to RIDDOR include, but are not limited to:

• Amputation of an arm, hand, finger, thumb, leg, foot or toe
• Any crush injury to the head or torso causing damage to the brain or internal organs in the chest or abdomen
• Any injury likely to cause permanent blinding or reduction in sight in one or both eyes
• Deaths
• Fractures (other than to fingers, thumbs, and toes)
• Gas incidents
• Occupational diseases
• Serious burns (including scalding)

Work-related accidents must be reported where they result in the employed or self-employed injured person being away from work, or unable to do their normal work duties, for more than seven consecutive days as the result of their injury.

Even accidents to members of the public or others who are not at work (such as customers or volunteers) should be reported if:

• They were involved in a work activity
• They result in an injury
• The person is taken directly from the scene of the accident to hospital for treatment of that injury.

Reporting the accident to RIDDOR

If you are the responsible person required to report workplace accidents to RIDDOR, this can be done online using the appropriate form. RIDDOR, recommends you read relevant guidance before making your report to help determine which form you need to complete. Online forms include:

• Report of an injury
• Report of a dangerous occurrence
• Report of a case of disease
• Report of a flammable gas incident
• Report of a dangerous gas fitting

There are separate forms and contacts for incidents relating to offshore and nuclear.

If a previously submitted form has subsequently resulted in a fatality or major injury, you must contact the Incident Contact Centre (ICC).

Workplace accident entitlements

If you’ve had an accident in the workplace, depending on the severity of the injury and what’s stated in your employment contract, you may be entitled to:

• Statutory Sick Pay (SSP)
• Occupational sick pay

How much can I claim for a workplace injury?

Our personal injury lawyers understand that knowing how much compensation you may be entitled to is likely to be one of your top concerns. The amount of compensation depends on numerous factors and there is no one-size-fits-all approach to workplace accident claims. Our expert team will advise you of your claim’s potential value once we have full details of your accident and a better understanding of the likely outcome.

The damages available for workplace injuries fall into two categories:

• General damages/injury element: these cover any non-financial losses resulting from your injuries e.g. pain and suffering, lifestyle changes, etc.
• Special damages/financial loss element: these cover any specific financial losses you have suffered or are likely to suffer in future due to your injuries. For example, lost income, treatment costs, etc.

Case study | Workplace injury leads to £700,000 settlement

Contact our workplace accident solicitors

If you’ve been injured in a workplace accident, whether negligent or accidental, our specialist personal injury solicitors might be able to help. Call our team on 0117 325 2929 or fill out an online enquiry form.