By Jo Anderson. Last Updated 22nd November 2023. If you had an accident at work, you might wonder what procedure to follow. This guide provides you with information about workplace procedures as well as when you might be eligible to claim compensation for your injuries.
There are certain workplace incidents that must be reported to the Health and Safety Executive (HSE). The HSE is the national regulator for workplace health and safety. This guide takes a look at some examples of the injuries and incidents that must be reported.
If you suffer injuries in an accident in the workplace, you might be eligible to make a personal injury claim. However, you will need to prove that your injuries were caused by your employer breaching their duty of care. In this guide, we will explain in further detail the duty of care your employer owes you.
We will also discuss how a report in your workplace accident book could be used as evidence to support your claim. To conclude this guide, we look at the benefits of working with a No Win No Fee solicitor for your claim.
If you have any questions, please contact our advisors. They’re available 24 hours a day, 7 days a week, with free advice.
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- Why Your Employer Should Have An Accident At Work Procedure
- Can I Make An Accident At Work Claim?
- What Should My Employer Do After An Accident At Work?
- Accident At Work Procedure In The UK – Gathering Evidence To Support A Claim
- Compensation Figures For An Accident At Work
- Make A No Win No Fee Personal Injury Claim
- Learn More About Accident At Work Procedures
It is vital that employers have an accident at work procedure. This includes ensuring that injuries are recorded. Some of these injuries may have to be reported to the Health and Safety Executive (HSE), which we look at later in this guide. The HSE is the regulator that ensures workplace health and safety in Britain.
Under the Health and Safety at Work etc. Act 1974 (HASAWA), employers owe their employees a duty of care to take all reasonably practicable steps to ensure their health, safety and welfare whilst performing work-related duties. Recording incidents that lead to an injury at work in the accident log book can help prevent further accidents of a similar nature. According to the HSE, by recording incidents employers can collect sufficient information to properly manage risks to health and safety. Even injuries that do not have to be reported to the HSE should be recorded. We look at the accident book later on.
Additionally, a record of the incident in the accident book could be submitted as evidence if you would like to make an accident at work claim.
Call our advisors if you have any questions or would like help to get your claim started. Any advice they give you is free.
If you’re keen to make an accident at work claim, it’s important to be aware of the criteria you need to meet to establish that your employer was negligent. If you can, on the balance of probabilities, satisfy these criteria, it’s likely a solicitor will offer to represent you on a No Win No Fee basis.
The criteria then, is:
- That you show that your employer owed you a duty of care
- They breached that duty
- And as a result, you suffered an injury
Generally speaking, all employers owe their staff a duty to keep them safe from harm so far as it’s reasonably possible for them to do so. This, then, is usually easy to prove.
You must also show that you’re in time to make the claim, which we’ll discuss next.
Accident At Work Claim Time Limits
It’s important to be aware of how long you have to begin a claim. If you miss your window of opportunity, you could find that your claim is time-barred. As per the Limitation Act 1980, you generally have 3 years from the date of the injury to begin the process of claiming.
There are two possible exceptions to the time limit if you had an accident at work:
- Those with a reduced mental capacity – If the injured party lacks the mental capacity to make a claim, their time limit is suspended. Due to this, a litigation friend must be appointed if a claim is to be made on their behalf. If the mental capacity of the injured party ever reaches a point where they’re deemed capable of making their own claim, the time limit would begin.
- Injured children – Those under 18 years of age can’t make their own claim. Therefore, a litigation friend must also be appointed. There is no time limit to consider until the injured child’s 18th Then, they have 3 years to start a claim, and this can be done without the need for a litigation friend.
To find out more about what to do after an accident work, and workplace accident procedure in general, get in touch with our advisors today.
After an accident in the workplace, your employer has certain steps that they should take. The accident at work procedure in the UK depends on the type of accident you were involved in and the injuries you sustained.
All accidents should be recorded in the workplace accident book. Your employer should provide this. If there is no accident book, it might be wise to report the accident to your employer in writing. Your employer must also investigate the accident and identify any remedial actions that could stop the accident from happening to someone else.
Your employer also has a legal responsibility under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) to report certain specific injuries. These include:
- Accidents that result in death.
- Specified injuries to workers, such as amputations and serious burns.
- Non-fatal accidents needing hospital treatment to non-workers.
- Dangerous occurrences.
Should you be wondering what to do if an accident occurs in the workplace and when you could make a personal injury claim, please contact an advisor.
Collecting evidence is an essential part of making a claim if you’ve had an accident in a work environment. Evidence helps strengthen and support your claim. For example, evidence can help demonstrate how your accident occurred, how severe your injuries are, and how your life will be affected going forward.
Some examples of evidence that you could use to support your claim if you had an accident at work include:
- Photographs: Taking pictures of your injuries can help prove their severity, and taking pictures of the accident site can help prove how the accident happened.
- Medical records: Your medical records can offer more insight into your injuries.
- CCTV footage: If your accident was caught on CCTV, then you may be able to request the footage. This could then be used to demonstrate how your injuries occurred.
- Accident book logs: All workplaces with ten or more employees must have an accident book. Logging your accident here creates a permanent record of what happened.
- Witness statements: While you will not be expected to take these statements yourself, taking the details of potential witnesses allows a professional to take their statements at a later date.
These are only a few examples of evidence that could help you support your claim. If you choose to work with a solicitor, they can help you source other relevant evidence. Contact our team of advisors today to get started, or read on to learn more about accident at work procedure in the UK
If you’ve had an accident at work, and you’re eligible to claim compensation, you may be wondering how much you could receive.
Typically, a payout for a successful workplace accident claim could include general damages and special damages.
The first head of claim, general damages, compensates you for pain and suffering caused by your injuries. When valuing your injuries, your solicitor may refer to the Judicial College Guidelines (JCG) for help. This provides guideline compensation brackets for a range of injuries at different severities.
We have compiled a table with some examples of these compensation guidelines from the 16th edition of the JCG below. However, please remember this is only to be used as guidance.
|What Type of Injury?
|How Severe Was It?
|Multiple Injuries Plus Special Damages
|Up to £150,000+
|Injuries, when combined, that cause serious consequences, and financial losses.
|Severe injuries (a)
|£96,160 to £130,930
|Injuries falling short of amputations, but that cause issues that are concurrent with having lost the arm.
|£24,500 to £39,170
|Permanent disability but with some useful movement remaining.
|Severe fractures to fingers (f)
|Up to £36,740
|Severe fracture injuries
|£13,740 to £26,590
|Fractures, ligamentous tears and the like which give rise to less serious disabilities.
|£13,740 to £24,990
|Displaced metatarsal fractures resulting in permanent deformity to injuries that will result in traumatic arthritis or the risk of future arthritis.
|£13,740 to £21,070
|These injuries begin with simple fractures possible exacerbation of an existing condition, crush or multiple fractures to crushing injuries leading to amputation.
|Simple femur fractures (c) (ii)
|£9,110 to £14,080
|Injuries including simple fractures to the femur bone.
|£5,720 to £13,280
|Bracket starts at crush injuries, penetrating wounds, soft tissue type and deep lacerations to such injuries which, for example, have reduced the hand to about 50 per cent capacity.
Following a successful personal injury claim for an accident in the workplace, you could also receive special damages.This head of claim compensates you for the financial losses and costs incurred because of your injuries. This could include:
- Loss of income.
- Travel expenses.
- Medical costs.
- Care costs.
You would need evidence that these costs or losses were a direct result of your injuries, such as a copy of your bank statements, payslips and invoices.
To learn more about evidence that could support your claim or to find out how much you could receive, please contact an advisor.
If you are wondering about the costs of hiring a solicitor, we can help. If you contact Accident Claims about your claim and you have a strong case, we could potentially connect you with one of our No Win No Fee solicitors, who could help you under a Conditional Fee Agreement (CFA).
Making a claim under a No Win No Fee agreement provides several financial benefits. For instance, you won’t typically be expected to pay your solicitor’s legal fees at the start of the claim. You also won’t need to pay a fee while your claim is being processed.
A legally capped success fee is required if your case succeeds. If your claim fails, you won’t generally be expected to pay your solicitor’s fees.
If you need more clarification about how this kind of fee structure works, or you have other questions about what to do if an accident occurs in the workplace, then please contact our advisors for more information. They can explain what is an accident at work claim, our service offering to you, and how it can help you to claim any compensation you are entitled to.
To speak to an advisor, you can:
These external pages contain additional useful information:
- Information On The Accident At Work Reporting Process
- Information About Employer’s Liability Insurance
- UK Health & Safety Statistics
Furthermore, you may like to take a look over these other guides:
- How To Make An Accident At Work Claim
- Claiming For A Back Injury At Work
- A Guide To Making A Claim For Forklift Accidents
- Check Your Rights After A Workplace Accident
- Building Site Accident Claims
Thanks for reading our guide on what to do after an accident at work. By following the right accident at work procedure for UK claims, you could maximise your chances of getting compensation.