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Who Has The Overall Responsibility For Recording Injuries At Work? – Advice Guide

By Cat Soong. Last Updated 26th April 2022. Have you been involved in an accident in the workplace that wasn’t your fault? Looking for advice and support in securing compensation? You no doubt want to make sure you handle the situation appropriately. This is especially the case when it comes to workplace accidents, as you know the person you are making a claim against. You do not want to cause any friction between you and your employer, and you do not want to experience any hurdles later down the line. That’s one of the main reasons why recording injuries at work when they occur is a crucial procedure for workplaces to follow.

Accident At Work

Recording injuries at work

If someone is injured at work, it is imperative to report the accident correctly. Who has the overall responsibility for reporting injuries at work? A lot of people make the mistake of ignoring the issue and failing to tell their employer about it, instead waiting until they receive a letter in the post from their solicitor. Nevertheless, not only is this likely to cause more problems later on, but it could anger your boss too, who would no doubt prefer you to be upfront with them. Instead, you need to tell your employer about the accident as soon as you can. This will ensure that they can deal with it while also taking care of their legal requirements, as all employers need to have an accident book by law, and the incident must be recorded in this.

With that in mind, read on to discover more about recording injuries at work. If you have any queries or you would like to start the claims process, you can reach us on 0800 073 8804, or start your claim online.

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An Introduction To Reporting Accidents At Work

From construction accidents to industrial hearing loss, there are many different accidents and injuries that can happen in the workplace. In this guide, we are going to reveal everything you need to know about workplace accidents and recording injuries at work correctly. This includes information on the time limits for such incidents and what damages you could receive. You will also find out why reporting an accident is so critical.

Examples Of Accidents In The Workplace

Let’s begin by taking a look at a selection of regular accidents in the workplace, so you can get an idea of the sheer diversity of workplace accident claims. The following is just a mere handful of examples:

  • Repetitive strain injury
  • Industrial hearing loss
  • Fall from a height
  • Vibration white finger
  • Construction accidents
  • Accidents that have occurred because of poor health and safety
  • Asbestos related injuries
  • Industrial diseases
  • And much, much more

RIDDOR: Reporting accidents, incidents, and diseases

RIDDOR is the regulations that are in place for reporting diseases, incidents, and accidents Recording and reporting are legal requirements. All of the following need to be recorded:

  • Injuries to an individual who does not work at the premises yet have suffered due to a problem at the site
  • Certain ‘dangerous occurrences’ – i.e. near-miss accidents
  • Causes of industrial diseases
  • Work-related accidents that have caused certain serious workplace injuries
  • Work-related deaths

No matter what industry you operate in, these recording injuries at work regulations must be adhered to.

Reporting Accidents As An Employee

If you are an employee, your employer has a legal obligation to make sure the workplace is a safe and healthy one. If your employer has failed in this and you have had an accident at work, it is important to make sure that this is recorded in the accident book. All companies need to have an accident book, unless it is a very small business. Reporting an accident at work will help you to make a personal injury claim because it will act as proof of what has happened.

Why Do You Need To Report Your Accident?

You may be wondering why recording injuries at work is so important. It is vital to stress that you need to report the incident to your employer and/or your safety representative. A lot of people don’t tell their employer, and simply wait for their solicitor to send a letter about the claim.

Not only do you risk creating ill-feeling between you and your employer by doing that, but also you could create hurdles for yourself when it comes to making a claim. This is because all business owners must have an accident book by law if they have 10 or more employees, to aid in reporting an accident at work. Thus, it is imperative that you tell them about the incident as quickly as possible.

Reporting Accidents As An Employer

As per RIDDOR – the regulations that were touched upon earlier – you need to report any incidents whereby a member of the public has been taken to hospital, dangerous occurrences, work-related disease, major injuries, and deaths in the workplace. It is imperative you begin reporting accidents and incidents at work to HSE at the earliest chance. You can use an online report form via the HSE website to do this. If you are wondering what counts as a major injury and what does not. As per HSE, major injuries include:

  • Acute illness that requires medical treatment
  • Loss of consciousness
  • Injuries leading to resuscitation, unconsciousness, heat-induced illness, hypothermia, or hospital admittance for more than 24 hours
  • Injuries from an electrical burn or shock
  • Hot metal or chemical burn to the eye
  • Loss of sight
  • Dislocation injury of the spine, knee, hip or shoulder
  • Limb amputation
  • A fracture, apart from those to toes, thumbs, and fingers

Do You Have The Basis For A Workplace Accident Claim?

The best way to determine whether you have grounds for a case is to see whether you can answer yes to the following three questions. If you can, you should definitely pursue your claim.

  1. Did the incident happen in the past three years?
  2. Did it occur through someone else’s error or negligence?
  3. Did you receive medical attention as a result?

If you have answered ‘yes’ to these questions, you definitely have the basis for a claim. If you are unsure, please do not hesitate to get in touch for more information and tips on reporting an accident at work.

What Damages Can You Get When Claiming For Accident At Work?

There are two kinds of damages you can pursue under an accident at work claim, which may come together to form your final sum. The first head of claim you can pursue is called general damages, and this compensates you for your injuries and the effect they have had on your life.

The table below provides examples of what you could receive in general damages, using figures taken from the Judicial College Guidelines (JCG). It’s important to note that these figures are guidelines, and the actual compensation you may receive can vary.

Injury TypeCompensation BracketNotes
Moderate Brain Damage (i)£140,870 to £205,580Cases of personality change, effect on sight and speech, with an epilepsy risk and intellectual deficit.
Total Loss Of One Eye (d)£51,460 to £61,690Complete loss of one eye.
Total Loss Of Hearing In One Ear (c) £29,380 to £42,730Total loss of hearing in one ear, with consideration given to tinnitus, dizziness and headaches.
Chest Injuries (c)£29,380 to £51,460Damage to lungs and chest, causing some disability.
Digestive System Injuries (ii)£15,750 to £26,050Non-penetrating, serious injuries causing lasting or permanent complications.
Kidney Injuries (a)£158,970 to £197,480Serious damage or loss of both kidneys.
Bowel Injures (e)£11,820 to £22,970Permanent damage caused by penetrating injuries.
Hernia (a)£13,970 to £22,680Lasting pain and limitation of physical activity after repair.
Severe Back Injuries (a) (i)£85,470 to £151,070Cases of damage to the spinal cord and nerve roots.

You may also be eligible for special damages. Special damages cover the financial costs you might incur as a result of your injuries– for example, you may need to travel to and from hospital appointments. You could claim the cost of this back under special damages.

For a free estimation of what your claim could be worth, and for more tips on reporting an accident at work, contact our team of advisors today.

Time Limits On Accident At Work

You will seriously hinder your chances of a successful claim if you leave it too late. Most personal injury claims have a three-year personal injury claims time limit. So, for example, if you suffered an injury at work on December 12th 2021, you would have until December 12th 2024 to make a claim. Nevertheless, you don’t want to leave it too late, especially as you would actually need to issue court proceedings before the deadline.

If court proceedings aren’t brought within the three-year period, your opportunity for compensation will be lost altogether. There are exceptions to this rule, yet they don’t occur regularly. Nevertheless, it is worth pointing out that disease and repetitive injury claims are slightly different. The claim period starts from the moment a significant injury is diagnosed, not from the moment you begin to experience symptoms. Therefore, there is a bit more leeway.

No Win No Fee Accident At Work Claims

We always advise using legal representation to proceed with your claim. This is because the claims process can seem difficult and complex, especially if you do not have a background in law. A No Win No Fee solicitor can guide you through this process with their years of legal experience and knowledge.

First and foremost, there are considerable financial benefits you will gain if you choose a No Win No Fee solicitor. Using a No Win No Fee service means no upfront or ongoing fees will be paid to your solicitor. Moreover, if you were to opt for a traditional solicitor, you put yourself at great risk if your case is not a success. This financial risk is eliminated if you go down the No Win No Fee route.

It will only become necessary to pay your solicitor’s legal fees if your case is a success. Your solicitor will take a legally capped percentage of your compensation as payment. You won’t have to pay your solicitor’s legal fees if the case doesn’t succeed. You also won’t need to at any point before the case concludes.

At Legal Expert, we are pleased to say that all the solicitors we can provide work on a No Win No Fee basis.

Why You Should Make Your Claim With Us?

There are a number of reasons why we are the best choice for you.

  • Free Advice – There is only one place to begin, and this is with the fact that our advice is one hundred per cent free! Our advice line is available seven days per week. You will speak to one of our friendly, experienced and helpful advisors, who will be more than willing to answer any questions you have.
  • No Win No Fee – Our solicitors work on a No Win No Fee basis. This is extremely beneficial, as you do not require any money to begin your case, nor do you have to worry about the losses you could incur if you lost your case whilst using a solicitor who does not operate on a No Win No Fee basis. Moreover, you can be confident you will benefit from the best possible service, as the solicitor is impacted by the outcome of your case as well.
  • Experience – We have many years’ experience and have help thousands of personal injury victims during this time. All you have to do is see what previous clients have said about our service. We are sure you will be impressed.

Speak To Legal Expert Today

If you want to make a claim, we can help you to get the compensation you deserve. We will also happily answer any questions you may have about workplace incidents and the claims process and we can give you accident at work examples. You can reach us on 0800 073 8804.

This line is open seven days per week. Alternatively, you can use the live chat feature on our website, fill in the contact form, or send an email. No matter how you choose to get in touch, you can be sure of 100 percent confidentiality at all times.

Resources And Useful Links

Hopefully, you have found this guide useful on your quest for more information. If you need any further advice, see below.

GOV – Accidents at Work – You can use this link to the Accident at Work Gov UK website to find out more about reporting accidents and incidents in the workplace.

HSE – Work health and safety statistics – This page on the Health and Safety Executive website gives you access to the organisation’s latest statistics on reported work accidents.

Health and Safety at Work etc. Act 1974 – Here you can read a piece of legislation which is crucial to providing employees with legally-required protection while at work.

Accident at work claim guide – You can also read this comprehensive guide on workplace accident claims.

Manual handling accidents claims guide – This guide explores how you may be able to claim compensation if you’re harmed by manual handling due to another party’s negligence.

Back injury at work claim guide – Check out this guide to learn more about potentially claiming for a back injury which occurred while working.

More Useful Guides

Frequently Asked Questions – Recording Injuries At Work

In this final section of our guide on how to report injuries in the workplace, we’ve answered some frequently asked questions related to this topic.

Tips on recording injuries at work

Our advisors can provide more tips on recording injuries at work, and can offer further steps you could take to strengthen your claim.

Who records injuries at work?

The person responsible for recording an injury at work can vary. It will depend on the circumstances of the incident which caused an injury. However, it is ‘responsible persons’ such as an employer or someone in charge of the work premises who should record an injury if it needs to be reported under RIDDOR.

Why is it important to report accidents in the workplace?

Employers have a legal duty to report certain injuries which may occur under RIDDOR. Also, under legislation such as the Health and Safety at Work etc. Act 1974 employers need to follow the duty of care they owe their employees to protect them from preventable harm. Recording and responding to any accidents that occur makes up part of this duty. Furthermore, if you are injured in a work accident that wasn’t your fault, then a report of it could potentially be used as evidence that allows you to claim.

If you would like to speak to an adviser about recording injuries at work and potentially claiming for such injuries, contact Legal Expert today.

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