What Are My Employers’ Responsibilities After An Accident At Work?
By Daniel Ringer. Last Updated 21st October 2021. This is our guide on employers’ responsibilities after an accident at work. You will need to know what your employer is responsible for in order to establish whether or not your injury can be blamed on them. Accidents at work can affect us physically through injury, mentally through psychological illness such as anxiety and depression and financially due to loss of earnings if you are unable to work. People often need to make a claim against their employer if they do not receive enough financial support from sick pay, or if their sick pay runs out. Some people such as those who are self-employed are not even entitled to sick pay. The Health and Safety Executive offer a lot of useful information about employers’ responsibilities and we have included helpful links here for your information.
Select a section
- A complete guide to Accidents at work and employer’s responsibilities
- What are an employer’s responsibilities after an accident at work?
- What are my employer’s responsibilities for my health and safety?
- What is an employees’ responsibility for health and safety?
- Accident at work statistics
- An accident at work – will I get paid?
- An accident at work – will I be sacked?
- What are the rules for accident at work sick pay?
- Accident at work claims we can cover
- Accident at work no PPE – Can I claim?
- Accident at work no training – Can I claim?
- Slips, trip and falls at work – Am I allowed to claim?
- Violent behaviour at work – Could I claim against my employer?
- Accident at work while driving – Could I claim?
- Accident at work faulty equipment – May I make a claim?
- Accident on the way to work – Should I claim?
- What can I claim for after an accident at work employer’s responsibility
- Why choose Legal Expert for an accident at work case?
- Get in touch for compensation advice and claims
It can be difficult to know your employers’ responsibilities. Sometimes we needlessly blame ourselves when in fact our employer should have given us the right training, or protected us from risks that they should have known or did know about.
Your employers’ responsibilities after an accident at work can be difficult to prove. Especially if they are not clear-cut cases such as an employer asking us to do something dangerous or failing to provide adequate equipment to do a job safely. Stress at work for example can be tricky to prove, as well as if you have suffered harassment at work. However, it can be done and if you have a valid claim it is something you should do. It will help prevent the same thing from happening to others, as well as supporting you if you have lost out financially due to the issues you’ve faced.
In this guide, we take you through the information you need to know about accident at work employer’s liability claims as well as looking at what types of payout you could receive. If you have further queries after reading the guide, or are ready to begin claiming straight away, then calling 0800 073 8804 connects you to our friendly team. Otherwise, read on to find out more about accident at work employer’s liability claims.
You may be unsure what to do after an accident at work. If you have had an accident at work, it is your employer’s responsibility to follow the accident at work procedure which requires them to enter the accident into an official accident book.
They should also write up a RIDDOR (Reporting of injuries, diseases and dangerous occurrences regulations 2013) report. RIDDOR require that employers report any work accidents that are deemed to be serious. The responsibility to do this lies with your employer. If you wish to see a copy of the accident book, then you are legally entitled to request a copy of this.
If you have an accident at work, it is your employer’s responsibilities in the UK to properly record and report the accident. Even more important than this is to prove that they have done everything they can to prevent the accident from happening in the first place.
According to the Health and Safety at Work Act 1974 it is an employer’s responsibility to take all reasonable steps to safeguard the health, safety and welfare of the people working for them. They should be carrying out risk assessments, removing obstructions and offering thorough training to employees who carry out risky procedures such as manual handling and working on sites where danger is present.
If a hazard cannot be completely removed, then your employer has a responsibility to provide you with personal protective equipment should you need it for your specific role. Personal protective equipment (PPE) covers a wide range of gear including helmets, gloves, boots, eye protection, ear defenders and slip-resistant soles.
Your employer also has a duty to ensure that this equipment is well maintained under the Personal Protective Equipment at Work Regulations 1992. You should be fully trained on how to properly use the equipment as well.
If you are injured at work, it can be the employee’s responsibility. Employees also have some responsibility to look after their own health, safety and well-being according to the Health and Safety at Work Act 1974.
They should not purposefully put themselves at risk and should look out for the health and safety of others who may be injured by their unsafe actions at work. Employees have a responsibility to comply with the health and safety requirements of their employer.
Accident at work examples include slips, trips and falls at work, lifting and handling, work at height causing an accident at work, being hit by an object, violence in the workplace and injuries caused by machinery. Some of the most common causes of these on the job accidents are slips, trips and falls at work and lifting and handling injuries.
When the claimant dies as a result of their injury in the workplace, this is known as a fatal accident. Unfortunately, this happens across Great Britain every year. Statistics from the HSE are kept to track these occurrences.
In 2020/21, there were 142 fatal workplace accidents recorded. Of these, 39 happened in the construction industry. No other sector had more deaths caused by accidents over this period of time. The graph below displays the breakdown of some of the other industries that recorded deaths in 2020/21.
One of the biggest concerns following an injury is after an accident at work, do I get paid? If you have sustained a bad injury you will probably need time off to get better. Depending on your contract you may or may not be entitled to sick pay. Workers on a contract will usually be entitled to statutory sick pay which is worth £92.05 per week.
This will be paid up to a maximum of 28 weeks. You can check the government website to see if you meet the eligibility criteria to claim statutory sick pay. Some employers will offer additional benefits which means that you will receive extra payment on top of the statutory pay.
Your entitlements will depend on your contract so it is best to check out your terms and conditions before speaking to your employer, the Citizen’s Advice website is also helpful in establishing whether you can claim statutory sick pay. If you are a self-employed subcontractor and have had an accident at work, unfortunately you will not be eligible for statutory sick pay.
If you are self-employed you may suddenly find yourself in a difficult financial situation. Even if you have a contract, you may find that statutory sick pay does not leave you with enough money. Another way to recoup your financial losses as a result of a workplace injury is to claim compensation for loss of earnings as part of a personal injury claim. Our team at Legal Expert will be happy to advise you what you may be entitled to.
You may be worried that you could be dismissed after an accident at work and you probably want to know ‘I had an accident at work, what are my rights?’. The truth is that you cannot be dismissed if you decide to make a claim against your employer for an accident at work. Employers responsibilities are legal obligations and if these responsibilities have been breached due to your employer’s negligence then you have every right to make a claim against them.
Many employees choose not to make a claim because they are worried that it will affect their relationship with their employer or worse that they will be sacked. Your employer cannot legally sack you for bringing a claim against them. The Employment Rights Act 1996 created a duty on employers to ensure that they are insured against compensation claims by workers who have been injured at work, therefore you will not be endangering the business by making a claim.
‘If I have been injured at work, what are my rights with regards to sick pay?’ If you are forced to take time off sick as a result of an accident at work, then one of your employer’s responsibilities to pay you sick pay if you are eligible for it.
There are two types of payment that you may be able to access. Contractual sick pay and statutory sick pay. If your contract does not entitle you to company sick pay, then you should still be able to claim statutory sick pay which is a legal minimum requirement. Your contract should tell you what you are entitled to claim following your injury.
Contractual sick pay will vary from company to company as each workplace will have their own scheme. The length that the contractual sick pay will last for will also vary depending on your employer. A standard contractual sick scheme will begin after your probationary period and then you will receive full pay for a set amount of time and then a reduced level of payment, usually half pay, for another set period of time after that. After you have reached the time limit you will then usually be unpaid.
In order to claim sick pay, you will need to prove that you are too unwell to go into work and will need to evidence this with a doctor’s note after one week. For the first week you can self-certify. Be aware that statutory sick pay does not begin until you have been off work for four days, so you may be completely unpaid for the first 3 days sick leave.
Even if your contract states that you are not eligible for company sick pay, your employer may choose to make an exception for you. This will be discretionary.
If you have had an accident at work which was your employer’s responsibility then you may be eligible to make a claim. Accident at work examples that we can help you with include injuries caused by not wearing PPE, slips trips and falls at work, lack of appropriate training leading to injury, injury caused by violence at work and faulty equipment accidents at work. Employers responsibilitiesare broad and if we can prove that their negligence caused your injury then you may have a claim.
If you have suffered a PPE related accident because your employer has not provided equipment or had not recognised the consequences of not wearing PPE,then you may be able to make a claim against your employer. Your employer has a duty to ensure your health and safety at work.Your employer should have carried out risk assessments and be fully aware of the hazards of not wearing PPE.
Once this hazard has been identified then they should provide well maintained PPE free of charge. Employees should also be trained on how to use the PPE to maximise their safety. If you are wondering ‘do I have to wear PPE at work?’ then the answer is yes if your employer requests that you do so. Failure to wear PPEif you have been advised to do so can lead to disciplinary action for not wearing PPE.
If you have had an accident at work due to no PPE, then speak to Legal Expert today to begin your claim.
Depending on the industry you work in there will be more or less risk of having an accident at work. Your employer’s responsibilities are to ensure that you are safeguarded from having an injury at work and one of the best ways to do this is to provide training to employees. Health and safety training is crucial in preventing injury and if you have not received adequate training then you may have a claim.
If there is any requirement for you to lift things at work, then you should receive manual handling training to find out how to lift safely. You should also be trained on using work equipment that poses risk to you. If PPE equipment is required, then you should be trained on how to use PPE to avoid accidents at work.
If you feel that your accident at work was caused due to a lack of training, then speak to Legal Expert today to find out how to begin your claim.
29% of workplace injuries are caused by slips trips and falls. Slip trips and Falls leading to injury are usually caused by flooring, which for example may be uneven or slippery or inappropriate footwear for the environment. To avoid slip trip accidents at work it is the employer’s responsibility to carry out risk assessments and put measures in place to prevent accidents from happening.
If you feel that your slip, trip or fall at work was caused by your employer’s negligence then you may be eligible to make a claim.
If you have been subjected to violent behaviour at work, then you may be able to make a claim against your employer if they have failed to find ways to keep you safe. This guide can help you understand what protection you should be able to expect from your employer. Some workplaces are riskier than others but even if a risk of violence exists, your employer should seek ways to safeguard you.
This could include enhanced training, PPE and following up on previous incidents of violence. Employees should not be expected to tolerate physical abuse and if you have been injured as a result of violent behaviour at work then speak to Legal Expert and our team can advise you on the best way to proceed.
Under the Health and Safety at Work Act 1974 employers have a responsibility to ensure the safety and wellbeing of employees so far as reasonably practicable. Employers have a responsibility to manage the risks facing people who drive as part of their job.
This does not include the time they spend commuting to their regular place of work but does include all other journeys essential for work. In order to safeguard employees whilst they are driving an employer should be able to show an up-to-date policy, recent risk assessments and proof that they have done everything they can to manage and control the risks.
Employees who are expected to drive should receive relevant training and their performance should be monitored. If you have been injured whilst driving for work and your employer cannot show that they have taken the proper steps to ensure your health and safety, then you may be able to make a claim against them. Our team of specialists at Legal Expert will be able to offer further advice on how you can make a claim.
When you turn up to work you have an expectation that the equipment you are expected to use will be safe and in good condition. If it is not and you have an accident at work, it is your employer’s responsibility. If you are injured by defective equipment then you may be able to make a claim against your employer.
The Provision and Use of Work Equipment Regulations (PUWER) 1998 state that your employer has a duty of care to safeguard employees against accidents caused by faulty equipment. Your employer is responsible for carrying out risk assessments, training and checking that equipment is serviced and repaired on a regular basis. Therefore, if you have been harmed as a result of your employer’s negligence then speak to us today about how to begin your claim.
If you have an accident on the way to work in the UK as part of your regular commute, then you will not usually be able to claim against your employer. However, there are some circumstances that may offer exceptions. It really depends on who was to blame for the accident, where the accident happened, if you were in a company vehicle on company time or if a colleague was driving you whilst on company time.
If for example, your accident happened as you pulled into the company car park as a result of poor maintenance of the car park, then you may be able to make a claim against your employer. You may also be able to claim against your employer if you were driving during your working hours or in a poorly maintained company vehicle.
General damages – general damages usually covers any pain and suffering you have experienced as a result of your injury. This is usually with regard to physical and psychological suffering. Whilst physical injury is reasonably easy to quantify, psychological injury is more difficult. This covers conditions such as anxiety and depression or post-traumatic shock.
Special damages – special damages are to compensate any expenses that have been paid as a direct result of the injury. This can include loss of earnings, medical expenses, travel expenses, child care expense and caring expenses, it also includes damages to cover financial costs if you have been unable to attend an event due to the injury.
Contact us today to talk about the details of your case and we will help you to work out what kind of damages you are eligible to claim for.
If you have had an accident at work that was your employer’s responsibility, then choose Legal Expert to help you with your case. Our team of legal experts are friendly, experienced and quick to respond to your queries. We have many years experience in dealing with these kinds of claims and can offer our expert advice for free, with no obligation.
Explains your employer’s responsibilities to look after your health and safety at work.
Explains the requirement to report any work accidents.
Explains how you could make a claim if you have been injured as a result of defective equipment at work
Why you might be able to claim if you have been injured whilst driving for work.
This link clarifies the law on slips, trips and falls at work
This link shows the statistics on the causes and injuries sustained by accidents at work
An explanation of the Health and Safety at Work Act
Thank you for reading our guide on employers’ responsibilities for an accident at work.