Work Accident Claims
If you have had an accident at work, our local injury lawyers can help you claim compensation for your injuries.
Read moreHow to report an accident at work
If you are injured in an accident at work, it is important to report the accident to your boss or supervisor.
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If you suffered an accident at work and another party is liable, you may be eligible to make a work accident claim. However, before getting started with the claims process, it is necessary to report the accident to your employer.
Reporting an accident at work is essential, whether you want to claim compensation or not. That will ensure that your legal rights are protected and your employer can implement the necessary measures to prevent similar incidents in the future.
To learn more about the steps you should take after a workplace accident, please continue reading this guide. For free legal advice or to start a claim, call 0800 470 0474 today or use our contact form to request a call back.
By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy. With no win no fee you typically pay 25% of your compensation if your claim is successful, but the fee can vary. Termination fees may apply if you fail to co-operate with your solicitor.
If you have an accident at work, it is crucial to take the right actions to protect your health, safety, and legal rights. The key steps are detailed below:
It is essential to inform your employer of any accident that occurs at the workplace. Under the Management of Health and Safety at Work Regulations 1999, employees must cooperate with their employers to ensure a safe working environment. This includes reporting any hazards or accidents within the workplace.
Your employment contract may also contain clauses requiring you to report accidents. This will allow your employer to investigate the accident and take steps to prevent similar occurrences in the future.
Reporting an accident at work is beneficial for you because it provides a record of what happened, when it happened, how it happened and whose fault it was.
This can help you make a successful work accident claim and secure compensation for the pain and losses you have suffered.
To report your accident, you must refer to the relevant person or department in your company. Typically, this will be:
All companies that have more than ten employees are required by law to keep an accident book.
You must ask the responsible party in your company to fill out an accident report form and make sure you present them with all the details of the incident. You can read more about what should be recorded in the accident report in the section below.
If you work for a smaller company that does not have an accident report book, you should create your own written report, including all the essential details about what happened.
If you have been involved in an accident in the workplace, you must make sure that all the details of the accident are recorded in the company’s accident book. The accident report would typically contain the following information:
The information recorded in the company’s accident book may be used as evidence in a future claim for compensation.
You should report all workplace accidents and personal injuries to your employer, regardless of how minor they might initially seem, including:
This will create a record of the event and allow your employer to investigate potential hazards.
A near-miss incident is a warning sign that indicates potential hazards that could lead to serious injuries in the future if not addressed. You must report all near misses to your employer to help them identify and eliminate these risks to prevent future accidents.
Examples of near misses that are important to report include:
Keep in mind that any situation where an accident could have occurred should be reported as a near miss to create a safer workplace.
The near-miss record should contain information similar to that of an accident report, including the corrective measures taken to ensure future health and safety measures.
Following any workplace accident, your employer has several duties, which may include:
RIDDOR refers to the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013.
It is a piece of UK legislation under which employers, those in control of work premises and the self-employed are legally required to report certain types of workplace accidents and incidents to the HSE. These include:
No, you do not need to report accidents to the HSE as an employee. Such reports should only be submitted by the person responsible for this under RIDDOR, who would typically be an employer or person in control of work premises.
The only time when you would be required to submit a report yourself is if you are self-employed. The report should be made online and should contain the following information:
All accidents and incidents at work must be reported to your employer immediately or within the shortest time possible. Some employment contracts could specify a timeframe for reporting accidents, but this is not that common.
On the other hand, there are specific time limits for reporting workplace accidents to the HSE. Typically, a report must be submitted as soon as possible and within 10 days of the incident. There are a few exceptions:
It is the duty of your employer to ensure that you are protected from all risks of accidents and injuries at work. Under the Health and Safety at Work Act 1974, they must carry out regular risk assessments and adopt preventative measures to minimise any potential risks.
If this duty is breached and you have an accident, you may be entitled to make a personal injury claim. You will need various types of evidence to support your claim, such as photographs, witness statements, expert testimony and financial documents.
Workplace accident reports are essential when making a claim for a workplace injury. While you are not legally required to have one to make your claim, it can significantly strengthen it because:
Without the accident report, your employer could more easily contest your claim and deny liability. Also, if you were legally required to report the incident and you failed to do so, you would be in breach of the law, and this would significantly weaken your claim.
Under the Limitation Act 1980, you typically have three years to make a claim if you are injured at work, starting from:
It is worth mentioning that the three-year time limit is suspended if the injured party cannot handle a claim. This could be due to the severity of their injuries or a condition such as Alzheimer’s disease. In this case, a litigation friend could claim for them.
If you lost a loved one in an accident at work, you have three years to start a claim from the date of death.
If you suffer an injury or illness at work due to your employer’s negligence, you are entitled to claim compensation for your pain and suffering.
Under UK employment law, you have legal protection against being unfairly dismissed for making a legitimate claim against your employer. The Employment Rights Act 1996 makes it illegal for them to sack you solely for seeking compensation for a workplace accident.
Furthermore, all employers must have Employers Liability Insurance in place to cover any personal injuries to employees. If you make a successful claim, their insurance company will pay your compensation, and your employer will not be left out of pocket.
If you suffer any unlawful consequences for making your claim, a specialist lawyer can help you make a further claim at an employment tribunal.
While you are not legally required to have a solicitor in order to start a claim, this is highly recommended. Solicitors have specialist knowledge of the relevant legislation and can accurately assess the strength of your claim.
They can advise you on your legal rights and will know exactly how much your claim is worth. Your solicitor will help you gather the necessary evidence to support your claim and will also conduct all communication with your employer and their insurer.
Furthermore, your solicitor will offer you a no win no fee service, which means you won’t have to pay them unless your claim is successful. If you lose, you do not owe them a single penny.
For legal advice about claiming compensation for a workplace accident, do not hesitate to contact us by calling 0800 470 0474 or using our online claim form.