This guide will look at why accident at work reporting is an important part of the injury at work claims process. If you were injured in an accident at work as the result of your employer’s negligence, then you may be entitled to make a claim.
Accident at work reporting guide
Workplace accidents should be reported in the workplace accident book; having one of these on-site is a legal requirement for organisations with 10 or more employees. However, certain workplace accidents should also be reported to the Health and Safety Executive (HSE).
Our advisors are on hand 24 hours a day, 7 days a week to offer you free legal advice about filling out a report form after an accident at work caused by negligence. You can get in touch with us by:
- Clicking the button at the top of the page
- Contacting us via our website
- Using the live chat feature to the bottom of your screen
Choose A Section
- Accident At Work Reporting – When Is It Necessary?
- Examples Of Work Accidents
- What Does Accident At Work Reporting Cover?
- Accident At Work Compensation Examples
- Could I Get A No Win No Fee Agreement?
- Learn More About Accident At Work Reporting
Accident At Work Reporting – When Is It Necessary?
The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 is a piece of legislation that legally requires certain reportable incidents to be reported to the HSE. It’s good practice to record all work-related accidents that occur. However, only accidents that are caused by negligence could be grounds for a successful claim.
If you were injured in an accident caused by employer negligence, then you could be entitled to claim compensation. A report of the accident at work that is filled out at the time could strengthen your case.
Our advisors can give you free legal advice on accident at work reporting. They may also be able to connect you with a solicitor from our panel to represent you in your claim.
Time Limit When Making A Claim
You may be wondering, “how long do I have to claim for an accident at work?”. It is important to note that the Limitation Act 1980 sets out a time limit for starting a claim if you were injured in a workplace accident. Generally, this time limit is 3 years.
However, there are some exceptions to the rule:
- Claiming on behalf of a child: You can make a claim on behalf of a person under the age of 18 years old as a litigation friend. No time limit applies while they’re underage. Once they turn 18, they have three years to make their own claim if a litigation friend hasn’t already done this.
- Claiming on behalf of those who lack the mental capacity to claim: If you are making a claim on behalf of someone who lacks the mental capacity claim, then the time limit is suspended indefinitely. However, the three-year limit starts if the person regains the mental capacity to claim.
Typical Frequency Of Work Accidents
The HSE collect the official accident at work statistics for Great Britain. According to statistics based on reports made under RIDDOR to the HSE, the rate of employer-reported injuries per 100,000 workers has been steadily declining in recent years. In 2017/18, there were 265 non-fatal injuries reported per 100,000 workers. In 2020/21, there were 185 non-fatal injuries reported per 100,000 workers.
Examples Of Work Accidents
The Health and Safety at Work. etc Act 1974 (HASAWA) is one of the most important accident at work laws outlining the duty of care employers owe those working for them. It states that the employer is responsible for taking reasonable steps to ensure the safety of their employees. If they breach this duty, and an accident resulting in injury happens because of this, then you may be able to claim
As part of their duty of care, an employer is expected to:
- Provide training. Workers should be given free, relevant training that they need to do their job safely. If this isn’t provided, an accident could occur. For instance, if you’re not trained on proper manual handling techniques, this could result in a back injury.
- Protective equipment. Your employer should supply you with any personal protective equipment (PPE) that you need to keep you safe. Furthermore, this should be fit for purpose. For example, if you’re given a hard hat to wear, but this does not fit you, you could sustain a head injury.
- Good housekeeping. Walkways and floors should be kept free of the clutter that could cause someone to injure themselves. For example, you could slip and fall on a piece of packing tape that was left strewn across a corridor.
For more information on how accident at work reporting could strengthen your claim, speak with an advisor today. You could receive free legal advice from one of our advisors.
What Does Accident At Work Reporting Cover?
If you’re involved in a workplace accident, then you can fill out an accident at work report in the accident book. If the incident needs to be reported to RIDDOR, this can only be done by a “responsible person” in the workplace; this might be your employer or the party in control of the work premises.
A report might include:
- Details of how the accident happened
- Information on the impact of the accident (for example, what injuries were sustained)
- A summary of the next steps taken (for example, if you were taken from the workplace to the hospital in an ambulance)
Accident at work reporting is important in preventing future accidents as well as supporting a claim. Past accident forms can be referred to when performing risk assessments to see how these hazards can be reduced or removed going forwards.
It could be a good idea to seek legal advice when you are claiming; this can help clear any confusion you may have and lead you in the right direction. Speak with our advisors today, and you could be passed on to a No Win No Fee solicitor from our panel.
Accident At Work Compensation Examples
If you’re wondering how to calculate your potential compensation, then this section could help. The Judicial College Guidelines are a set of compensation brackets with associated injuries. Legal professionals use them to help assign a value to general damages in settlements.
General damages is the term for the head of your claim paid out for any pain, suffering and loss of amenity arising from injuries sustained in an accident caused by negligence. These damages may be psychological and/or physical.
| Injury | How Much? | Description |
|---|---|---|
| Brain injury- Very Severe | £282,010 to £403,990 | At the top of this bracket will be some ability to follow commands of a basic nature. The injured person will be unable to react with their environment in a meaningful way. |
| Brain injury Moderately severe | £219,070 to £282,010 | Very serious disability will happen as a result of the injury. These disabilities may be physical or cognitive. |
| Neck injury- Severe (i) | In the region of £148,330 | Resulting in paralysis to an incomplete degree despite the wearing of a collar 24 hours a day for years. |
| Chest injury | £65,740 to £100,670 | Where lungs, heart and/or chest of the injured person have been permanently damaged. Life expectancy will be reduced. |
| Kidney | £30,770 to £44,880 | Where one kidney is lost but the other does not sustain any damage. |
| Thumb injury- Very serious | £19,600 to £35,010 | Where the thumb has been severed and needs to be reattached. The digit will essentially be useless. |
| Foot injury- Moderate | £13,740 to £24,990 | Displaced fracture to the metatarsal. Ongoing symptoms and potential risk of future surgery |
| Shoulder injury- Serious | £12,770 to £19,200 | Where the shoulder has been dislocated and the brachial plexus damaged. There will be pain, impairment of grip and aching in the elbow. |
| Digestive system | £6,610 to £12,590 | Penetrating stab wounds |
| Wrist injury | In the region of £7,430 | A Colles' fracture without complication |
Special damages is the term used to refer to any financial losses that have been incurred as a direct result of the injuries. You need to prove that you have incurred these losses to claim these back.
Special damages can cover losses including the following:
- Childcare costs
- Loss of wages
- Travel expenses
- Prescriptions aids
- Additional house modifications that you need to cope with your injuries
The evidence that you would be required to submit to claim special damages would be items such as invoices, pay slips and receipts. When making your claim, ensure that you keep hold of this evidence as it could prove important. All of these pieces of evidence are used when reporting an accident at work.
If you would like to ask our advisors to value your claim for free, contact us today. You could receive free legal advice on the importance of reporting an accident at work.
Could I Get A No Win No Fee Agreement?
A Conditional Fee agreement is a kind of No Win No Fee agreement. This is a contract between you and your solicitor.
It gives you access to the services of a solicitor without paying any upfront or ongoing costs. You only pay for the solicitor’s services if your claim is successful.
This is done by your solicitor deducting a success fee from your claim. What’s more, the percentage of the fee is capped by law,
Our advisors can put you in touch with a personal injury solicitor from our panel. This service is available 24/7 so feel free to contact us with your questions.
Speak To Us About Reporting An Accident At Work
If you have any questions or queries about reporting an accident at work and the different processes that follow, our advisors are on hand to help. This service is available 24 hours a day, 7 days a week.
Feel free to contact us by:
- Clicking the button at the top of the page
- Contacting us via our website
- Using the live chat feature to the bottom of your screen
Learn More About Accident At Work Reporting
Here are some articles that may interest you for further advice on reporting an accident at work.
The NHS has a section on their website where you can locate information about services near you.
Gov.uk has information on requesting CCTV footage of yourself.
The HSE have guidance on reportable incidents.
We also have additional guides:
- Accident At Work Claims Guide – How Long Do They Take?
- How To Provide A Witness Statement As Evidence For An Accident At Work Claim
- Accident At Works And Sick Pay – Do You Receive It Following Your Accident?
- Can I Use A Compensation Calculator For Accident At Work Claims?
- Making A Claim For An Accident At Work
If you have any more questions on accident at work reporting, please get in touch with an advisor today.
Writer Lizzie Wyatt
Publisher Fern Styles