By Lewis Winehouse. Last Updated 19th May 2023. If you suffer an injury whilst at work, filing an accident report is essential so there is a record of the incident. When you seek compensation by making an accident at work claim, this record is of paramount importance.
If you have suffered a work related injury, you may be able to make a claim for compensation. However, to do this you must prove that your injury was caused by your employer breaching their duty of care to you.
The Health and Safety at Work etc. Act 1974 (HASAWA) states that your employer owes you a duty of care to keep you practically safe whilst in the workplace and performing work-related duties.
If your employer were to breach this duty of care, causing you to become injured in an accident, you could make a work injury claim.
If you would like to know more about how injury claims work and would like more information on the importance of filing an accident report, please contact a member of the Legal Helpline team today on 0161 696 9685.
For more information on why it is important to record an accident in the workplace, please continue reading our guide by clicking on the sections below.
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- A Guide On The Importance Of Filing An Accident Report At Work
- What Are Workplace Accident Reports And Records?
- Workplace Accident Statistics
- What Is The RIDDOR
- Is There A Legal Requirement To Report An Accident In The Workplace?
- Reporting An Accident At Work – Does It Affect My Claim Time Limit?
- Why Record Your Injury In An Accident Report Book?
- Common Reasons For Not Filing An Accident Report At Work
- Accidents At Work Compensation Calculator
- No Win No Fee Damages Claims For Accidents In The Workplace
- Contacting The Legal Helpline Team
- Supporting Resources
If you have been injured in the workplace, you might be wondering why it is so important to report your injury through the proper channels. In this guide, we will explain the many benefits of ensuring you properly report any accidents in the workplace, and will explain the legislation behind this.
First, we will explain what the Reporting of Injuries, Diseases, and Dangerous Occurrences Regulations 2013 (RIDDOR) is, and how this piece of legislation affects reporting accidents in the workplace. Under RIDDOR, your employer must report certain injuries and accidents to the HSE by law. If they fail to do so, they may face penalties. However, in some cases, certain accidents or events may not be recorded. We will go into more detail on this later in the article.
When filing an accident at work claim, a RIDDOR report or any kind of accident at work documentation could be used to help strengthen your claim. We discuss this in detail later on in the article, along with how a No Win No Fee solicitor could help you gather further evidence to help you prove your claim.
To get more information on reporting an accident at work, contact our team of expert advisors today. Alternatively, read on to learn more.
Employers in the UK are obliged to follow health and safety legislation and UK laws that protect employees and other workers. This a legal requirement that employers must abide by to ensure the safety of everyone who works for them, whether onsite or offsite. Should an employer fail to follow the law, harsh penalties could be levied against them.
Health and safety legislation also covers how accidents at work must be reported, and the procedure which all employers must follow when someone who works for them is injured in the workplace. This includes having an Accident Book where injuries can be recorded, with some accidents and injuries having to be recorded by law.
Other reasons why employers should keep an Accident Book includes the following:
- It meets legal requirements as set out by health and safety legislation which includes requirements relating to Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR)
Keeping an Accident Book also helps employers identify and mitigate any hazards that may be present in the workplace. It is of great help when it comes to staff training in protocols relating to health and safety in the workplace.
To speak to an adviser about an accident at work and the consequences of not reporting an accident at work, please call Legal Helpline today.
Health and safety workplace accident statistics in the UK are as follows:
- There were 2,446 deaths due to mesothelioma as a result of past exposure to asbestos (2018)
- There were 111 workplace fatalities during 2019/2020
- Nearly 700,000 workers suffered a workplace injury (Labour Force Survey)
- Over 60,000 employees suffered workplace injuries which were reported to RIDDOR
- £16.2 billion is the estimated cost of ill-health and injuries as a result of working conditions (figures taken for the period 2018/19)
RIDDOR stands for the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013. It is a health and safety government body that places duties on employers, those in control of the workplace (the Responsible Person), as well as the self-employed. These duties include reporting specific workplace accidents deemed serious as well as work-related diseases, and dangerous occurrences which are also referred to as ‘near misses’ in the workplace.
The following must, by law, be reported to RIDDOR:
- Violence in the workplace
- Gas incidents
- Injuries in schools
- Mental health issues
- Occupational diseases
- Dangerous occurrences
- Construction incidents
- Incidents involving children
- Incidents on countryside visits
- Sporting injuries
- Fairground injuries
- Catering and hospitality accidents
Employers, the person in charge of a workplace, or the self-employed, must by law, report serious accidents, injuries and near misses to The Health & Safety Executive which includes the following:
- If the injury involves fractures to the skull, pelvis, or spine
- If major bones in the arm, wrist, ankle, or leg are fractured
- If a hand or foot is amputated
- If a toe, finger, or thumb is lost (partially or fully)
- Injuries to the eye, or the loss of an eye
- Electric shock resulting in the loss of consciousness, or which requires urgent medical treatment
- Loss of consciousness as a result of a chemical or biological hazard, or where asphyxia is an issue
- Decompression sickness
- A workplace injury results in hospitalisation for over 24 hours
To find out more about the importance of reporting a workplace accident, please get in touch with a member of the Legal Helpline team today.
Generally, reporting an accident in the workplace does not impact the time limit for a worker’s injury claim. However, when reporting an accident at work, you need to make sure you put all the correct information.
The Limitation Act 1980 states that you will generally have three years to start a personal injury claim. This runs from the date of the accident that caused your injuries.
However, in some circumstances, there are exceptions to this three-year time limit. For example:
- The time limit is paused for those under the age of 18. Once they turn 18, they will have three years to start a claim. Prior to this date, a court-appointed litigation friend could make a claim on their behalf.
- The time limit is suspended indefinitely if someone lacks the mental capacity to make their own claim. During this suspension, a litigation friend could claim on their behalf. If the person were to regain this mental capacity, they would have three years from the recovery date to start a claim if one has not already been made.
If you have any further questions about reporting accidents in the workplace or how long you have to claim, speak to our advisors.
If you are injured in a workplace accident, you should record details in an Accident Book if there is one. If there is no accident report book, send a private email or letter to the person in charger detailing the incident and the injuries you sustained, keeping a copy for your own personal records.
The sort of injuries which should be recorded are as follows:
- Minor cuts and burns
- Trips, slips, and falls
- Serious work-related health issues/illnesses
- Serious injuries
- Serious accidents
- Near misses
The details to include when it comes to a workplace accident and injury are as follows:
- Date and time of the workplace accident
- Your name and position within the company
- As many details as possible and this includes first-aid you were given as well as treatment received in an A&E
Having an Accident Book in a workplace also helps identify all new and existing hazards which helps prevent future incidents where employees could be injured while carrying out work for the employer.
For more information on claiming compensation for an injury sustained in a workplace accident, please contact a member of the Legal Helpline team.
Workplace Incident Report – What If It’s Missing?
You may wonder why it is important to report accidents at work. A workplace incident report could be used as evidence to support a claim. If you suffered due to a workplace incident, a report may not have been made. However, you could still claim if the workplace incident was due to employer negligence. For a claim to be valid, it must be supported with evidence.
Evidence other than a workplace incident report could include:
- CCTV or mobile phone footage.
- Witness contact details.
- Medical records.
- Photographs, either of the scene or of any visible injuries.
The above list is not exhaustive. You may have other items as proof that you suffered due to a workplace incident. A No Win No Fee solicitor could advise you on what other evidence could be used to support your workplace injury claim.
Call our advisors to learn more about claiming for suffering due to a workplace incident.
The majority of employees report injuries and workplace accidents. However, a percentage of incidents and injuries do go unreported. The reasons for this being:
- Fear of losing a job
- Worried that if an accident at work is reported, the employer would not consider an employee for promotion
- Fear of being harassed
- The process of reporting an accident at work is made too complicated
To speak with a Legal Helpline adviser about the importance of reporting an accident at work, please get in contact today.
In order to find out what you could be eligible to claim, your case needs to individually be assessed. However, we can give you a rough idea as to the value of similar injuries in this section.
The amount calculated by legal professionals to compensate you for your pain and suffering is called general damages. There are a variety of materials that can be used during the valuation process. Alongside medical evidence, there is also a publication called the Judicial College Guidelines (JCG). We have included some entries regarding examples of what compensation for accident at work injuries you could receive in the latest edition in the table below. The JCG was last updated in 2022.
|severity of Injury
|Compensation awarded in General Damages
|Brain and Head Injury - Moderately Severe
|The person will be significantly disabled. They will need constant care and may suffer from limb paralysis or cognitive impairment.
|£219,070 to £282,010
|Brain and Head Injury - Less Severe
|A good recovery will have been made and the person will be able to participate in normal daily life.
|£15,320 to £43,060
|Foot Injury - Very Severe
|The injury causes severe permanent pain and disability. Such as the traumatic amputation of the forefoot.
|£83,960 to £109,650
|Foot Injury - Severe
|Both heels have been fractured which causes permanent pain and restricted foot mobility.
|£41,970 to £70,030
|Arm Injury (b)
|Serious fractures to one or both forearms that cause a significant cosmetic or functional disability.
|£39,170 to £59,860
|Arm Injury (d)
|The forearm has suffered simple fractures.
|£6,610 to £19,200
|Leg Injury - Severe (iv) Moderate
|Severe crush injuries, multiple or complicated fractures to one leg.
|£27,760 to £39,200
|Leg Injury - Less Serious (i)
|Soft tissue injuries and fractures with an incomplete recovery.
|£17,960 to £27,760
|Wrist Injury (b)
|A significant and permanent disability in the wrist, but some useful movement will still remain.
|£24,500 to £39,170
|Wrist Injury (d)
|A soft tissue injury or wrist fracture that takes longer than a year to recover.
|£6,080 to £10,350
As mentioned, these figures are not assurances of what you will be awarded. You can get in touch with us for a more accurate valuation of your general damages payment. We can also tell you more about other subjects such as the process of accident reporting at work and who is responsible for reporting accidents at work. Reach out today to find out more.
What Damages Could I Claim?
Compensation for a successful accident at work claim can be made up of two parts:
- General damages for the pain, impact on your quality of life, and suffering you endured (see table above)
- Special damages for all losses and costs you incurred both in the past and in the future.
Special damages account for expenses incurred because of the injury, which means you must provide proof in the way of receipts and documentation relating to those losses. The sort of thing you could include in a successful accident at work claim includes the following:
- Any medical costs – prescriptions, the cost of medical treatment/therapy/rehabilitation that is not covered under the NHS
- Any travel costs – parking fees at a hospital or another medical facility where you are being treated. The cost of getting there and back can also be claimed
- Care costs – for help around the home during the time it takes you to recover
- Loss of any earnings while you are off work recovering
- Loss of future earnings if you cannot work again
- Any other expenditure you incurred that is linked to the injury sustained in an accident at work
To speak to a Legal Helpline adviser about special damages, please get in contact today.
At Legal Helpline we provide people who have valid claims with No Win No Fee terms. This means that a solicitor from our panel would not ask you to pay any fees whether upfront or ongoing.
The only time you pay a No Win No Fee lawyer is when you receive compensation for an injury sustained in the workplace. If your accident at work claim is not successful, you would not have to pay the solicitor any fees because they signed a No Win No Fee Agreement with you.
For more information on how Conditional Fee Agreements work, please contact a member of our Legal Helpline team today.
You’ve reached the end of our guide on the importance of filing an accident report at work.
There are several ways to contact a member of the Legal Helpline team if you are ready to begin an accident at work claim, or you would like to discuss the importance of reporting an accident in the workplace. These are as follows:
- By telephone on 0161 696 9685
- By email at [email protected]
- By completing our online claims form
- By chatting to a member of our team on our online chatline
Thank you for reading our guide on the importance of filing an accident report at work. Below, we’ve included some other guides you may find useful.
The link below provides lots of answers to frequently asked questions relating to compensation awarded in personal injury claims relating to wheat allergies:
If you would like more information on the law relating to Health and Safety in the workplace, please click on the link provided below:
- Claiming compensation for an accident at work
- Accidents at work caused by tiredness and fatigue
- Claim compensation for slipping at work and hurting your back
- How to make an NHS accident at work claim
- How to claim compensation for an accident at work during your probationary period
- I was injured due to no workplace training, can I claim?
- How to claim for a back injury suffered while working for the NHS
- Office-based accident at work claims
- How to make a workplace back injury claim
- Employee rights after an accident at work
- Assault at work compensation claims
- Agency worker accident at work claims
- Tendon injury at work claims
- How to make a claim for an injury caused by defective work equipment
- How to claim for a back injury at work caused by lifting?
- Inadequate protective equipment compensation claims
- Ladder accident at work compensation claims
- Stuck in a lift at work? See if you can claim compensation
- Fatal accident at work claims
- Claiming when injured due to lack of work safety boots
- Manual handling claims
- Slip, trip, fall at workplace compensation claims
- Forklift accident compensation claims
- Warehouse accident claims
- Accident working abroad compensation claims
- Construction accident claims
- Self-employed accident at work claims
- Scaffolding accident compensation claims
- Could I be sacked for an accident at work claim?
- Firefighter injured at work claims
- Employers’ responsibilities after a work accident
- Claim for carbon monoxide poisoning at work
- I did not take time off work after an accident, could I claim?
- Chemical burn at work – can I claim compensation?
- Claiming for a work accident after leaving the company
- Do employers pay for work-related injury claims?
- Do you have to be an employee to make a work accident claim?
- Time limits for work injury claims
- Part-time employee injury claims
- I got hurt at work, do I need a lawyer?
- The personal injury claims process explained
- Temporary worker’s rights to claim compensation
- The Management Of Health And Safety At Work Regulations 1999
- Who to notify if a fatal accident occurs at work?
- How to use an accident at work claim calculator
- Fatal accident at work claims guide
- Contractor injured at work – can you claim?
- How many lone workers are attacked every day?
- Bulging disc workers’ compensation claims
- Learn about accident at work procedure in the UK and get more help with our guide.
Guide by HD
Edited by REG