What Duty Of Care Or Responsibilities Do Employers Have After Workplace Accidents?
By Mark Anderson. Last Updated 15th March 2021. Welcome to our guide, which asks, “what are your employers’ responsibilities after an accident at work?” What is an employer’s duty of care? All employers have a duty of care towards their employees whilst using the organisation’s premises or when they are working off-site. This means that they are legally responsible for providing their employees with a hygienic and safe work environment in which to work. If the employee is injured in an accident at work caused by negligence on the part of their employer, the latter could be held liable for the employee’s injuries or illness and have to pay them compensation as a result.
Legal Helpline has put together this accident at work employer’s responsibilities UK guide for people who have experienced an accident at work that was not their fault. This guide explains how employers should respond to workplace injuries and what an employee’s rights are if they are involved in an accident at work. If you have been injured or made ill because of an accident at work caused by negligence on the part of your employer, you should be able to claim compensation for the pain, suffering and loss of amenity that you suffered.
Legal Helpline can offer you advice for making an accident at work claim, and we can help you if you believe your employer isn’t fulfilling their responsibilities towards you. We can also provide you with an excellent personal injury solicitor from our panel to handle your accident at work compensation claim.
Jump To A Section
- A Guide To Employers Responsibilities After Accidents At Work
- What Is An Accident In The Workplace?
- How Common Are Workplace Accidents In The UK?
- Employers Responsibility To Report And Record Workplace Accidents
- Employee And Employer Health And Safety Responsibilities
- Employer’s Responsibility To Provide PPE Equipment
- Employers Responsibility To Provide Proper Training
- Employers Responsibility To Pay Injured Workers
- Types Of Workplace Accident Claims You Could Make
- Slips, Trips And Falls
- Faulty Workplace Equipment
- Work Road Traffic/Vehicle Accidents
- Compensation Calculator For Work Accident Claims Against Employers
- What Type Of Losses Or Costs Are Included In Compensation Claims?
- No Win, No Fee Accident Claims Against Employers
- Why Trust Legal Helpline To Help You With Your Case
- Start Your Claim Today
- Where To Find Out More
So, then, what are your employers’ responsibilities after an accident at work? As we have established, when you are at work, your employer has a legal duty of care towards you. In this guide, we will look at what the responsibilities of an employer are after an accident at work. We will advise you on what to do if an accident occurs in the workplace and explain how to report accidents and incidents at work. We will also answer questions that you may have, such as, “What does failure in duty of care mean?”, “I had an accident at work, what are my rights?” and “Can I be sacked for having an accident at work?”
If you had an accident at work and believe that your employer has not acted responsibly towards you in the aftermath, you can call Legal Helpline, and one of our advisors will be able to speak to you about your options. If we can see that you are eligible to make an accident at work claim, we will be able to provide you with an excellent personal injury solicitor from our panel. Call us to begin your personal injury claim today.
Employers are responsible for the health and safety of their employees. This is coded in laws such as the Occupiers’ Liability Act 1957 and the Health And Safety at Work etc. Act 1974. An accident in the workplace is an unwanted occurrence that leads to an employee becoming injured or ill.
An accident at work could include an employee tripping on a broken floorboard and breaking their ankle, an employee working with harmful chemicals and becoming ill because their employer didn’t provide them with adequate protective equipment, or an employee being assaulted at work because of inadequate security measures. We will look at different types of accidents at work and the injuries that they can cause in more detail later.
In the United Kingdom, RIDDOR (Reporting of Injuries, Disease and Dangerous Occurrences Regulations) states that workplace accidents that meet certain criteria must be reported to the Health and Safety Executive (HSE). Government accident at work statistics for the year 2019/20 (the most recent available, at the time of writing) show that despite legislation to protect employees from hazards in the workplace, accidents at work occur.
- In the UK, 1.6 million people are suffering from a work-related illness. Some of these people will have become ill recently. Others will be suffering from a long term or lifelong condition caused by poor health and safety conditions at work.
- Also, 65,427 workers were injured at work, according to RIDDOR statistics. This may be the tip of the iceberg because not all injuries or illnesses sustained at work are reportable to RIDDOR, and some employees may not inform their employers about what happened to them. The Labour Force Survey estimates that 693,000 workers suffered an injury at work during the same period.
- 111 workers were killed at work.
- 38.8 million workdays were lost due to work-related injuries.
HSE statistics from the year 2019/20 show that injuries and illness caused by workplace accidents cost £16.2 billion a year.
How should employers respond to workplace injuries? All workplaces are supposed to keep an accident log book. If an accident occurs in a workplace or when employees are working offsite, the employer should accurately record the accident’s details in their logbook.
The Reporting of Injuries, Disease and Dangerous Occurrences Regulations 2013 state that employers should have an accident at work procedure. Any accident at work that meets the following criteria should be reported to the Health and Safety Executive.
Businesses and organisations should report accidents and incidents at work that result in the following outcomes:
- Requires the injured worker to have three or more days off sick.
- Has an impact on the worker, which lasts seven or more days.
- Requires the worker to be admitted to the hospital for 24 hours or more.
- Loss of sight or damage to sight.
- Crushes to the head, resulting in brain damage or crushed to the torso resulting in internal organ damage.
- Serious burns, scalding over 10% of the body or damaging the eyes, internal organs or the respiratory system.
- Asphyxia or a head injury leading to loss of consciousness.
- A heat-induced illness or hypothermia.
Remember, your injury does not have to be reportable to RIDDOR for you to claim compensation. If you believe you are owed compensation for an injury at work, call Legal Helpline to see if you are entitled to compensation.
We’re already covering the question, what are your employers’ responsibilities after an accident at work? But when it comes to health and safety in the workplace, what are the employer’s responsibilities and what are the responsibilities of the employee?
As we have already discussed, employers have a duty of care towards their employees. This means that whilst their employees are working on the premises, the employer is responsible for the employee’s health and safety and must ensure that their working environment is free of any risks or hazards that could lead to a workplace injury or illness.
To avoid employees having an accident at work, employers must follow regulations, including industry-specific regulations on keeping their employees safe. For example, an engineering plant where noises can be exceptionally high will have to ensure they follow The Control of Noise at Work Regulations 2005. These regulations inform employers about how to protect their employees from noise-induced hearing loss at work.
Is it the responsibility of an employer to predict when an accident will happen? In a way, yes. Employers are supposed to conduct regular risk assessments to look for hazards in the workplace or other environments where their employees might work.
What are the responsibilities of the employer regarding health and safety hazards? The employer must fix or eliminate any hazards that they can (for example, fixing a broken staircase bannister). If the hazard is not removable, for example, a piece of industrial machinery that carries certain inherent risks, the employer must make sure that they apply control measures to neutralise the risk. For example, in the case of the machinery, the employer must carry out routine safety inspections, make sure they maintain the machinery to an adequate standard, and ensure that only properly trained workers use the machinery. If an employee works with hazardous substances, the employer must provide them with personal protective equipment such as goggles and gloves to reduce the risk of an injury.
PPE (personal protective equipment) is equipment that protects employees when working in a potentially hazardous environment. Examples of personal protective equipment include hard hats and protective boots worn on a construction site or a respirator to protect employees from inhaling harmful chemicals.
Regulation 4 of the Personal Protective Equipment Regulations 1992 states that employers must provide PPE as needed to control risks to an employee’s health and safety if there is not another way to manage the risk. The employer is also responsible for ensuring that the PPE is properly maintained to adequate standards.
The Health and Safety At Work Act 1974 requires employers to provide their employees with adequate health and safety training in relation to their role. It also states that in situations where there is a particular risk to health and safety, employers must provide specialist training to relevant members of their workforce. The Health and Safety (Training for Employment) Regulations 1990 also state that employers are responsible for ensuring that trainees or people on work experience placements receive adequate health and safety training.
What are the responsibilities of the employer to pay injured workers? This is a concern for injured or ill workers, who are scared about not earning an income whilst they are on sick leave. The answer will depend on your contract. Depending on the inwork benefits you are entitled to, you may be able to claim sick pay or paid statutory sick leave for a maximum of 28 weeks.
Unfortunately, not all employees are entitled to sick pay. If you make an accident at work injury claim, you will be able to claim for any loss of income you suffered when you were incapacitated as special damages. This Citizens Advice guide can give you more information about what pay you could be entitled to if you are injured at work.
Our clients often ask us, “Can I be sacked for having an accident at work?” It is illegal for employers to sack their employees for suffering an injury at work. If your employer does this, you can also claim against your employer for unfair dismissal. Some employees understandably worry that making a personal injury claim against their employer may create tensions. However, your employer is legally required to have insurance to protect employees, and the claim will be paid by the insurance company.
What are your employers’ responsibilities after an accident at work? Well, ask yourself: have you suffered an accident at work because your employer neglected their responsibilities? Then you may be eligible to make a personal injury claim against your employer for any illness or injuries you sustained as a result.
Here are some examples of accidents that employees make personal injury claims for:
Slip, trip and fall accidents are the most common type of accident at work. This is because a small hazard, such as a spilt drink that has not been mopped up, or a broken floorboard, can cause a slip or trip accident. Other causes of slip, trip and fall accidents include broken staircases or protruding nails sticking out of the floor. Slip, trip and fall accidents can cause soft tissue injuries, too, such as strains and sprains. High impact slip, trip or fall accidents can cause employees to suffer broken or fractured bone injuries as a result, which may have a long-term effect on their mobility.
The Provision and Use of Work Equipment Regulations (PUWER) 1998 states that as part of an employer’s duty of care towards their employees, they must maintain their equipment to safe standards. This includes ensuring that employees are trained, risk assessments are conducted regularly, and the equipment is properly maintained to an acceptable standard. If an employee is injured because of improperly maintained equipment, they may have a right to claim compensation.
What are the responsibilities of the employer regarding driving at work? If your job involves driving, it is your employer’s responsibility to ensure that precautions are taken to protect your safety. This includes ensuring that your vehicle is maintained to an adequate standard, ensuring that you are adequately trained and certified to drive the vehicle safely and efficiently. Your employer should also not push you to drive long distances without a break or take unnecessary risks. If you have experienced a road traffic accident at work because your employer neglected their responsibilities, can you sue your employer for lack of duty of care? Yes, if your employer had a role to play in your road traffic accident, you may be able to sue them.
Let’s go back to the original question of, what are your employers’ responsibilities after an accident at work? If you are awarded compensation for an injury at work, you may receive a compensation package made up of two heads of claim: general damages and special damages. General damages compensate you for the pain, suffering and loss of amenity that you have experienced due to your injuries. You can use our personal injury claims compensation calculator to estimate how much you could be awarded in general damages. The calculator does not include how much you could be awarded in special damages.
Injury And Severity Comments Settlement with 10% Uplift
Le Fort fracture - fracture of the frontal facial bones - Single severity level These are specific types of facial bone fractures. £22,350 - £34,480
Facial bone fractures (multiple) - Single severity level There is a single level of injury and severity (for compensation purposes). The victim may have some facial deformity. £13,970 - £22,470
Fracture to the cheekbone - Level (i) Level (i) cheekbone fractures may be quite serious. They will require surgical intevention and there will be long-term symptoms. £9,570 - £14,810
Injury to the neck - Serious Serious neck injuries may include those affecting the discs in the neck or fractures to neck (spinal) bones. £61,710 - £122,860
Fracture of the clavicle - Single level How much compensation will be paid out will be based on the severity of this fracture. £4,830 - £11,490
Fracture to the jaw - Level (i) Level (i) jaw fractures could include either multiple fractures to the jaw, or a single serious fracture. Treatment may be required over the long-term. £28,610 - £42,730
Injuries to the hips or the pelvis - Severe The person injured could have sustained a serious hip or pelvic injury, such as extensive fractures to these bones. £73,580 - £122,860
Injury to the shoulder - Serious Serious forms of shoulder injury could include injuries to the humerus bone, other shoulder bones or soft tissue injuries. £11,980 - £18,020
Injury to the back - Moderate Moderate back injuries could present as compression or crush fractures. £36,390 - £65,440
Injury to the chest - Level G These types of chest injury could present as a soft tissue, a fractured rib or similar injuries. Recovery should happen in shorter periods of time. Maximum £3,710
If you make a successful claim, you may be awarded special damages, too. Special damages are intended to reimburse you for any expenses or financial losses that you may have experienced due to your injuries. Examples of what you can claim as special damages include loss of income expenses (especially helpful if you had to take unpaid sick leave), medical expenses, travel expenses, mobility equipment expenses and home adaptation expenses. To find out more about what else you can recover, speak to our team.
At Legal Helpline, we can provide you with an excellent No Win, No Fee solicitor from our panel to handle your accident at work claim. No Win, No Fee means that you will not have to pay an upfront solicitors fee or any fees during the claim. And if the case is unsuccessful, you will not have to pay any of the fees your solicitor has incurred in pursuing your case.
If your case is successful, your solicitor may seek a small contribution toward their fees. This contribution is known as a success fee and would be deducted from the compensation awarded at the end of the claim. Success fees are legally capped and will be agreed upon with you at the outset of the claim.
Pursuing a case under a No Win, No Fee agreement is a great way of reducing the financial risks involved and gives you the confidence to pursue justice.
Call Legal Helpline today to learn more about the benefits of making a No Win, No Fee claim. If you have legitimate grounds to make a compensation claim, we will be happy to provide you with an excellent personal injury solicitor to handle your case.
Legal Helpline can offer you free legal advice about your accident at work claim. If you have legitimate grounds to claim, we will provide you with an excellent solicitor from our panel to handle your case. Many of the solicitors we work with have three decades of experience handling personal injury claims and will always push to win you the maximum amount of compensation you could be entitled to claim. You will also get the option to make a No Win, No Fee claim, minimising the financial risk towards you.
Hopefully, we’ve answered the question, what are your employers’ responsibilities after an accident at work? Now, to begin your claim for an accident at work and to receive expert advice on what your employer’s responsibilities are, call Legal Helpline today for your free consultation. Alternatively, use our online claims form to reach us. If you have legitimate grounds to claim compensation, we will be happy to provide you with an excellent personal injury solicitor to take on your case, who will start working on your compensation claim right away. Call today on 0161 6969 685; we’re looking forward to hearing from you.
Employers Responsibilities – Responsibilities of employers for managing staff health and safety.
Citizens Advice Bureau – Information for accidents in the workplace.
What Are Your Employers’ Responsibilities After An Accident At Work FAQs
When an accident happens at work, what should an employer do first?
They should record the situation in the accident logbook, which includes references to any injuries suffered. It’s also possible that the employer may have to report it to the HSENI. From there, it’s about them arranging Statutory Sick Pay (SSP) for the victim during their recuperation.
Are employers responsible for any employee injuries?
Well, the employer has to create a working environment designed to prevent any workplace injuries from occurring. Therefore, any accidents that do take place should be unavoidable for various reasons. If this isn’t the case, then the employer may have to accept responsibility for the employee being hurt.
Is it the employer’s responsibility to predict when an accident will happen?
In some respects, it is. That’s because an employer has to periodically conduct risk assessments that identify any hazards within the workplace. By failing to do this, or not taking action quickly enough, they could predict the potential for a workplace accident.
What happens if an accident at work isn’t reported?
In this scenario, the employer is likely to receive a heavy fine. That’s because it is a legal requirement for them to report on all workplace accidents, regardless of severity or circumstance. So, it could be very damaging for the employer if an accident at work fails to be reported.
Guide by HE
Edited by REG
Thank you for reading our guide, which asks, “what are your employers’ responsibilities after an accident at work?”