In this article, we consider how reporting an accident at work can help your potential claim.
Workplace accidents can cover a wide variety of scenarios. Some may have been genuine accidents where all health and safety policies were being observed. Even if the utmost care is taken to reduce the risk of employees being injured at work, it’s possible that someone may still be injured. Unfortunately, these are the scenarios where making a claim for compensation becomes unlikely.
In order for you to claim, there needs to have been a breach of their duty of care that caused the workplace injury. However, reporting a work accident regardless may help reduce the likelihood of it happening again to someone else in future.
When an employer breaches their duty of care towards employees (which is outlined in Section 2 of the Health and Safety at Work etc. Act 1974) and injuries take place as a direct result, this is when a claim for compensation could be made.
It is important to know who is at fault.
If you need any further information or advice on making a workplace accident claim, you can click one of the banners on this page to get in touch.
Choose A Section
- What Must I Know About Reporting An Accident At Work?
- Examples Of How You May Suffer A Workplace Accident
- What Else Do I Need To Do When Reporting An Accident At Work?
- Example Payouts For An Accident At Work Claim
- What Are The Benefits Of Using A No Win No Fee Solicitor?
- More Resources About Reporting An Accident At Work
What Must I Know About Reporting An Accident At Work?
Reporting an accident at work is important. Not only is it instrumental in the process of making a claim for compensation, but doing so can also help employers prevent similar accidents in future.
Under The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) employers should report certain workplace accidents, injuries, illnesses and near misses.
Reportable incidents include:
- Amputations
- Scalping that requires hospital treatment
- Crush injuries that damage the brain or internal organs
- Instances of head injuries or asphyxia that cause unconsciousness
- Serious burns that cover more than 10% of the body and cause significant damage to the eyes, respiratory system or other vital organs
- Broken bones (other than fingers, thumbs or toes)
- Death
This is not a complete list, but it should give you an idea of the level of injury that needs to be reported through RIDDOR. As you can see, reporting a minor accident at work is not always a requirement. This is especially true if no injuries arose as a result of the incident.
If your employer does not report the notifiable incident, then you can approach the Health and Safety Executive (HSE) directly and inform them of this.
A workplace accident report not being filed can affect your ability to claim, and may also lead to a possible safety issue not being rectified. This means that a similar incident may occur again to another employee, or possibly even yourself.
Key Statistics About Workplace Accidents
HSE statistics show the most common accident causes of non-fatal workplace injuries in 2020/21. The most common cause over this period was slips, trips and falls on the same level at 33%. This was followed by handling, lifting or carrying at 18%.
Improvements can be made to a workplace’s health and safety by signs being displayed when a floor is wet, for example. Regular assessments and corrective action by the employer can help reduce accidents caused by slips and falls, amongst others.
Examples Of How You May Suffer A Workplace Accident
As mentioned earlier, an employer has a duty of care towards their employees. This means that all reasonable steps should be taken so that the risk of injury in the workplace is kept as low as possible. In this section, we’ll give some examples of some scenarios where this duty of care is not upheld, and possible injuries that could occur.
Unsafe Walking Surfaces
For example, the floor in a corridor of an office building may be wet due to cleaning taking place or a recent spillage. If your employer is made aware of this and does nothing to correct it then this could lead to someone slipping and suffering injuries such as a bone fracture or dislocation.
The injury could have been avoided by erecting a wet floor sign or having the floor dried as soon as possible. By not taking any action, your employer could be said to have acted negligently.
Inadequate Training
Some roles require the use of specialist equipment or specific techniques in order to be performed safely. Your employer should provide you with training if this is the case. If you are not trained, then you could risk hurting yourself or others.
To illustrate, your employer may ask you to engage in manual heavy lifting tasks. If you have not been told the correct way to do this, then you could suffer back injuries.
Lack Of Personal Protective Equipment (PPE)
PPE is equipment that’s designed to reduce the risk of specific injuries. For example, those who work in noisy environments such as a construction site may need ear protection. If they are not supplied with ear protection, then their hearing could be affected.
Medical settings also need certain PPE to protect staff from contracting illnesses. If a medical professional’s employer does not make sure there is adequate PPE, then the staff could contract a virus or other illness that could have otherwise been avoided.
It is your employer’s legal responsibility to supply their employees with PPE where it’s necessary.
Alternatively, it could be that you are told to operate potentially dangerous equipment such as a forklift truck without ever having been trained in how to do so. Not ensuring you’re trained but asking you to complete the task anyway could be another instance where your employer can be said to have acted negligently.
We understand that sometimes it can be difficult to know whether or not your injury was caused by employer negligence. Click one of the banners on this page to find our contact details if you need specific guidance.
What Else Do I Need To Do When Reporting An Accident At Work?
Whilst reporting an accident at work is important, your own health should take precedence. We advise seeking medical attention as soon as possible after being injured. Even if you think that your injuries aren’t serious, the symptoms could be a sign of a more sinister effect on your health. It’s always best to be safe.
Gathering Evidence
Being treated by a medical professional could also generate helpful evidence regarding your injuries. Your medical records may contain details regarding the severity of your injuries. You can present your records as a form of evidence during the process of making a claim.
You can also acquire proof like photographs of your injuries or the cause of them. For example, you could take a picture of your faulty Personal Protective Equipment or even damage to a staircase at your place of work that caused you to fall.
If there were any witnesses to your accident, you can also ask them for their contact details. Your solicitor could request statements from them.
Seeking Legal Advice
Some people choose to enlist the services of a legal professional to help them make a claim. This can be a helpful step and it’s something that we advise. There can be questions and issues that arise during the process of making a claim. Having a solicitor by your side could make the process easier.
Example Payouts For An Accident At Work Claim
This section lets you know how much you could be awarded for your mental and physical injuries sustained in a workplace accident caused by employer negligence.
The compensation table below is made up of example entries from a publication called the Judicial College Guidelines (JCG). This is a publication made up of a list of injuries and potential amounts of compensation.
Legal professionals use it to assist them in arriving at a suitable value for injuries. The sum is known as general damages.
| Injury | Description | Amount |
|---|---|---|
| Psychiatric damage | (c) Moderate - issues associated with worse cases will have been present, but there is also a good prognosis | £5,500 to £17,900 |
| Mental anguish | (E) When the victim thinks their life is about to be made shorter or end completely | £4,380 |
| Sight | (e) Sight will be completely lost in one eye | £46,240 to £51,460 |
| Deafness/Tinnitus | (b) Complete loss of hearing in 1 ear | £85,170 to £102,890 |
| Chest | (g) Soft tissue damage or rib fractures with serious pain and/or disability lasting only weeks | Up to £3,710 |
| Asbestos-related disease | (a) Asbestos-related disease - causes pain of a severe nature with function and quality of life is impaired | £65,710 to £118,150 |
| Shoulder | (e) Fracture of the clavicle | £4,830 to £11,490 |
| Arm | (a) Severe - injuries that fall short of being amputated but not by much | £90,250 to £122,860 |
| Arm | (a) Simple forearm fractures | £6,190 to £18,020 |
| Teeth | (i) When several front teeth are lost or seriously damaged | £8,200 to £10,710 |
Your compensation can also include a figure called special damages. This is compensation for financial losses associated with your injuries. These can include:
- Loss of earnings
- Medical costs
- Travel expenses
- Damage to personal property
Click one of the banners on this page to reach out to us for more information on how your compensation could be calculated after the reporting of an accident at work.
What Are The Benefits Of Using A No Win No Fee Solicitor?
Working with No Win No Fee solicitors means that you aren’t required to pay them their fee unless your claim is successful. Their payment is covered by a small percentage of your settlement. What’s more, the percentage that they can take is capped by law. This percentage is agreed beforehand so you’ll be aware of it before agreeing to using the solicitor’s services.
You also wouldn’t need to pay any upfront or ongoing solicitor’s fee. It’d only be taken after the compensation comes through.
Speak To Us For Help Reporting An Accident At Work
If you have any questions:
- Click on one of the banners on this page.
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More Resources About Reporting An Accident At Work
Here are some links to additional sites that may help you.
A litigation friend may be able to claim on your behalf if you’re under 18 or lack the mental capacity to claim – find out more.
Make a request for CCTV footage of yourself as evidence.
Generally, you have a 3-year time limit to start a claim, according to the Limitation Act 1980.
You can also view other guides we have on our website:
- Filing A Lawsuit Due To Employer Negligence
- Burned At Work Due To A Faulty Fire Alarm Claims
- Worker’s Rights In An Accident At Work Claim
- Claiming After Suffering A Fall From A Height At Work
- Shoulder Injury At Work Claims
- Could I Start An Industrial Accident Claim?
- What Are The Stages Of The Accident At Work Claims Process?
- Do I Get Sick Pay After An Accident At Work?
- How To Make A Construction Site Accident Claim
If you have any further questions on our guide on reporting an accident at work, get in touch.