By Jo Anderson. Last Updated 2nd January 2024. Within this guide, we are going to take a look at hazards and accidents in the workplace. In it, we look at who is responsible for making accident reports, and explain the importance of reporting accidents and injuries at work.
We will also outline how a personal injury lawyer could offer to handle your work injury compensation claim, answer critical questions about who has overall responsibility for recording injuries at work and injury at work compensation payouts for claims, and offer free legal advice and reporting hazards in the workplace. If you’re wondering what’s the average personal injury settlement for a work injury compensation claim, this guide could help.
Reporting an accident at work
If you’ve been harmed in the workplace due to negligence, you may be wondering who should be reporting an accident at work?
We have created this guide to help you understand the reporting of injuries at work, when it should be done and whose responsibility it is. We’ll also discuss situations that may lead to you making a claim against an employer for an accident at work that was not your fault and give you an overview of how we could help you begin such a claim.
We hope you find all the information you need here in this guide, but if there are any questions remaining, then do call us for clarification on 0800 073 8801.
Select A Section
- Who Is Responsible For Making Accident Reports Under RIDDOR?
- Reporting Hazards In The Workplace – Why It’s Important
- When Can I Claim For An Accident At Work?
- What Is The Time Limit When Claiming For Accidents In The Workplace?
- What Evidence Can Support A Work Accident Claim?
- Injury At Work Compensation
- Claiming For An Accident At Work With A No Win No Fee Solicitor
- Essential References Relating To Who Is Responsible For Making Accident Reports
Who Is Responsible For Making Accident Reports Under RIDDOR?
The Reporting of Injuries, Diseases and Dangerous Occurrences 2013 (RIDDOR) is a piece of legislation that requires those in charge of work premises, and employers, to report certain injuries and incidents to the Health and Safety Executive (HSE), Britain’s national regulator for workplace health and safety. It also requires them to report:
- Work-related accidents that lead to specific reportable injuries
- Industrial diseases
- Work-related deaths
- Dangerous occurrences that could cause harm
When it comes to who is responsible for making accident reports, ‘responsible persons’ that should make a RIDDOR report include:
- Those in charge of workplace premises
- Self-employed people
- Employers
To learn more about reporting accidents at work please see the HSE website or to find out more about claiming compensation, please read on. Alternatively, contact an advisor to discuss whether you could claim.
Reporting Hazards In The Workplace – Why It’s Important
In accordance with RIDDOR, it is a legal requirement to report and record certain injuries and accidents at work. By reporting a workplace incident, it helps inform enforcing authorities for occupational health and safety about serious cases of diseases and accidents. From this report, they can then identify how and where risks arise and whether any of them need to be investigated.
It also allows enforcing authorities, such as the HSE, to provide advice on how to avoid work-related ill-health, accidents, injuries and deaths. The information provided in these reports could be used to aid risk assessments to help prevent similar incidents from happening again in the future.
Contact our advisors today for more guidance on the importance of reporting hazards in the workplace. Additionally, they could offer you free legal advice regarding your potential personal injury claim and answer any questions you may have.
Reporting An Accident In The Workplace – What Information Needs To Be Included?
If you have been injured in a workplace incident, a report should be made in certain circumstances. For an incident report in the workplace, there are a few key details that need to be included.
For example:
- Your name
- The nature of the injury
- How severe the injury is
- When it took place
- Whether there were any witnesses
- Witness contact details
Depending on the accident and the injury it causes, there could be other details you need to record too. If you need more information about reporting an accident in the workplace or any other topics related to your claim, reach out to our advisors today.
When Can I Claim For An Accident At Work?
Now that we have provided you with some information about the process of reporting an injury at work, you may be wondering when you could be eligible to make a personal injury claim.
All employers owe their employees a duty of care to take reasonable steps to protect them from harm at work. This is set out under the Health and Safety at Work etc. Act 1974. The steps they may take would depend on the work you do and the workplace, but could include:
- Ensuring you have received sufficient training.
- Providing personal protective equipment (PPE) to you where there is an identified need for it.
- Performing regular risk assessments.
These are just a few examples. If your employer were to fail to adhere to their duty of care, this could cause a variety of accidents in the workplace.
In order to have an eligible personal injury claim, you will need to prove:
- Your employer owed you a duty of care.
- They breached this duty.
- Due to this breach, you suffered an injury in a workplace accident.
To check your eligibility to make a personal injury claim, or to ask questions about making a work accident report, you can call an advisor.
What Is The Time Limit When Claiming For Accidents In The Workplace?
There is a time limit of three years in place for starting a personal injury claim for an accident in the workplace. This is set out by the Limitation Act 1980, and starts on the date you were injured in the accident.
However, there are some exceptions. For claimants under the age of eighteen, the time limit is frozen until their eighteenth birthday. From this date, they will then have three years to start a claim. However, prior to this date, a court-appointed litigation friend could make a claim on their behalf.
For those who lack the mental capacity to claim for themselves, the time limit is suspended indefinitely. During this suspension, a litigation friend could make a claim on their behalf. Should they recover this mental capacity, they will have three years to start a claim from the date of recovery if one has not already been made.
Our advisors can offer more information on personal injury claims for accidents in the workplace and the importance of accident reporting in a professional setting. Get in touch today to learn more.
What Evidence Can Support A Work Accident Claim?
If you are eligible to make a personal injury claim following a workplace accident, you will need to gather sufficient evidence to support your case. Examples of evidence that could be useful include:
- Medical evidence – For example, a copy of your medical records stating the type of injury you have suffered and the treatment you have required for it.
- Witness details – If someone witnesses your accident, they could then provide a statement about the incident at a later date.
- A copy of the work accident report in the accident book.
- Video footage – Such as CCTV footage.
- Evidence of financial losses – For example, a copy of your payslips could help with proving a loss of earnings.
For further advice on the evidence that could help support personal injury claims for accidents in the workplace, or about reporting an injury at work, then you can contact one of our advisors.
Injury At Work Compensation
Compensation payouts awarded in successful personal injury claims for accidents in the workplace could consist of general and special damages.
General damages compensate you for the pain and suffering caused by your injuries. Those responsible for valuing this head of your claim may refer to the Judicial College Guidelines (JCG). This document provides guideline compensation brackets for a range of injuries at different severities.
The table below contains figures from the 2022 JCG. However, we should mention that the first figure is not from the JCG.
| Injuries | Notes | Amount |
|---|---|---|
| Multiple severe injuries with financial expenses and losses. | Severe combinations of injuries with associated financial costs and losses, such as care costs, for example. | Up to £1,000,000+ |
| Back Injuries | Severe (i) – A severe injury that causes damage to the spinal cord and nerve roots, which causes pain and other severe consequences. | £91,090 to £160,980 |
| Back Injuries | Moderate (i) – Injuries could include crush or compression fracture of the lumbar vertebrae that causes constant discomfort and pain. | £27,760 to £38,780 |
| Neck Injuries | Severe (i) – An injury generally associated with incomplete paraplegia or that results in spastic quadriparesis that is permanent. | In the region of £148,330 |
| Neck Injuries | Moderate (i) – Severe immediate symptoms from a fracture or dislocation. The injury may also need spinal fusion surgery. | £24,990 to £38,490 |
| Arm Injuries | Severe (a) – An injury that falls short of requiring amputation but is still very serious, such as a severe brachial plexus injury. | £96,160 to £130,930 |
| Arm Injuries | Less Severe (c) – Whilst the person will have suffered with significant disabilities a good degree of recovery will have or is expected to take place. | £19,200 to £39,170 |
| Knee Injuries | Severe (ii) – A leg fracture that has extended into the knee joint which causes constant pain, with limited movement and impaired agility. | £52,120 to £69,730 |
| Knee Injuries | Moderate (ii) – Lacerations or bruising and twisting injuries that cause discomfort and aching. | Up to £13,740 |
| Shoulder Injuries | Severe (a) – Usually associated with neck injuries that involve damage to the brachial plexus. It will also cause significant arm and neck symptoms. | £19,200 to £48,030 |
| Shoulder Injuries | Moderate (c)- A frozen shoulder with symptoms such as limited movement and discomfort, lasting for 2 years. | £7,890 to £12,770 |
Special damages is the head of claim that compensates for financial costs and losses caused by your injuries. These can include:
- Care costs – if you’ve needed care at home due to your injuries.
- Medical expenses – if you have incurred prescription fees, for example.
- Travel costs – if you’ve had to pay for travel to medical appointments or to meet with your solicitor, for example.
- Loss of income – if you’ve lost out on your usual pay because you’ve been absent from work due to your injuries.
You would need to prove that any special damages you were claiming for were incurred as a direct result of your injuries.
To learn what evidence could be useful or to ask further questions about reporting an injury at work, please contact an advisor.
Claiming For An Accident At Work With A No Win No Fee Solicitor
Now that we have explained who is responsible for reporting an injury at work, you might want to see if you could get help with making a claim.
If you have a valid personal injury claim, one of our solicitors could offer to take on your claim under a No Win No Fee agreement, such as a Conditional Fee Agreement. Under this arrangement, you wouldn’t have to pay them anything upfront or throughout the progress of your claim for their services. Furthermore, should your claim not be successful, you will not need to pay your solicitor for the work they have done on your case.
Alternatively, you will pay them a success fee if they succeed with your claim. This fee is a legally capped percentage that is deducted from your compensation settlement.
For more information on when you should make an accident report at work, or to learn whether you could be eligible to work with one of our No Win No Fee solicitors, you can contact our advisors. They can be reached by:
- Calling 0800 073 8801
- Complete the online contact form for a callback.
- Using our live chat.
Essential References Relating To Who Is Responsible For Making Accident Reports
HSE – RIDDOR – Here, you will find more information on the reporting of accidents at work.
Specified Injuries – Here you can see the specified injuries that should be reported to RIDDOR
Understanding The Accident Book – This shows what should be reported in an accident book.
Back Injuries – You can read more about making workplace accident claims for back injuries here.
Your Legal Rights – Here we look at what your legal rights are after you’ve suffered an accident at work.
What Happens If You Are Self-Employed -Here you can find out more about claiming as someone who is self-employed.
Get more information on potential chronic pain compensation amounts with our helpful guide.