Who Has The Overall Responsibility For Recording Injuries At Work? – Advice Guide
By Stephen Hudson. Last Updated 2nd June 2023. 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.
Recording injuries at work
If someone is injured at work, it is imperative to report the accident correctly. The overall responsibility for reporting injuries at work lies with the employer, however he can delegate this duty. 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.
Select A Section
- An Introduction To Reporting Accidents At Work
- Example Injuries In The Workplace
- RIDDOR: Reporting accidents, incidents, and diseases
- Reporting Accidents As An Employee
- Reporting Accidents As An Employer
- Do You Have The Basis For A Workplace Accident Claim?
- Accident at Work Compensation Calculator
- Time Limits On Accident At Work Claims
- No Win No Fee Accident At Work Claims
- Why You Should Make Your Claim With Us?
- Speak To Legal Expert Today
- Resources And Useful Links
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.
Example Injuries In The Workplace
In this section, we want to focus on work related injuries and accidents that may be caused as a result of your employer’s negligence. We’ve listed different types of injuries in the workplace below:
- Fractures: For example, an employee may slip on a wet or slippery floor, or trip over others’ belongings, resulting in a broken bone. Therefore, it is important for your employer to follow the correct safety procedures to ensure that any spills are promptly cleaned and trip hazards are not left on the ground.
- Repetitive strain injury: This type of injury is likely to affect the hands, neck or shoulders and occurs following a period of poor posture or repetitive activity. For example, office workers may type a lot or be sitting at a computer for a long time. As such, it is important that your employer offers you the appropriate amount of rest breaks and provides the correct training to minimise the risk of a repetitive strain injury.
- Exposure to loud noise: If you work in an environment where you are exposed to loud noises for a prolonged period of time, your employer must provide you with adequate hearing protection to prevent you from suffering injuries like tinnitus.
- Vibration white finger: This could be caused if you are consistently exposed to or handling vibrating machinery without the appropriate PPE being provided by your employer.
Read on to find out about the workplace accident reporting procedure. If you would like to speak to an advisor, you can do so at any time by using our live chat function. They could connect you to our specialist accident at work solicitors.
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 have witnessed or been involved in an accident, you may be wondering how to report an accident at work.
All employers must take reasonable steps to protect their employees whilst in the workplace, as stated in the Health and Safety at Work etc. Act 1974. This is their duty of care. If an employer were to breach this duty of care, this could lead to an accident. If your workplace has ten or more employees, there should be an accident book on-site for reporting accidents and incidents at work.
When reporting an accident at work in your workplace’s accident book, you should provide information of the following:
- Your name.
- The date of the incident.
- Details of the accident.
- Any injuries sustained.
You should complete the accident book as soon as possible after the incident. You can also complete the accident book if you witnessed the incident and the person who was injured is unable to complete it themselves, for example, if they are unconscious.
Contact our advisors today if you would like further information on how and when to report an accident at work.
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
Who Is Responsible For Recording Accidents On Site?
Some people think all types of injury should be recorded; this isn’t necessarily true. As stated above, certain injuries must be reported to the HSE under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR). However, not all workplace injuries need to be reported to the HSE.
Workplaces with ten or more employees are required to keep an accident book to log workplace injuries. Although it’s the employer’s responsibility at work for recording incidents; it could fall to the appointed health and safety officer. The accident logbook should detail the injured party’s name, the date and time of the incident and any relevant details.
Call our advisors if you suffered in a workplace accident.
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.
- Did the incident happen in the past three years?
- Did it occur through someone else’s error or negligence?
- 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.
How Long Do I Have To Claim For Injuries Recorded At Work?
The Limitation Act 1980 states that the time limit for starting a personal claim is three years. This time limit runs from the date of the accident.
However, there are certain exceptions to this time limit. For example, if someone under the age of 18 is injured at work, the time limit is paused until their 18th birthday. Before they turn 18, a claim could be made on their behalf by a court-appointed litigation friend. If a claim is not made by the injured party’s 18th birthday, they will have three years to start a claim from that date.
If the injured party lacks the mental capacity to make their own claim, the three-year time limit will be indefinitely suspended. A litigation friend could make a claim on their behalf. Should the injured party later regain enough mental capacity to make their own claim, then the time limit will start from the day of recovery if one has not already been made.
Get in touch with our team of advisors today for more information regarding workplace accident claims. They could also inform you if you are within the time limit to start your own claim.
Accident at Work Compensation Calculator
You may want to use an accident at work compensation calculator to get more information regarding your potential compensation. You can find similar information to what you get from a calculator below.
There are two potential heads of claim that could result in you receiving compensation – general damages are one of these.
General damages compensation is for the suffering and pain caused from your injuries. Your loss of amenity is also accommodated for in this compensation figure. The amount you could receive for this in a successful claim depends on factors such as the features of the injury and whether any permanent side effects were caused.
The Judicial College Guidelines (JCG) are used by lawyers and solicitors to provide clients with a better idea of what could be received from a claim. The guidelines were last updated in April 2022. The figures below are from the latest edition. However, please remember that these figures are not guarantees as every claim amount is based on many different factors.
| Injury Type | Notes | Amount |
|---|---|---|
| Leg Injuries - Amputations (ii) | Both legs are amputated below the knee. | £201,490 to £270,100 |
| Moderate Leg Injuries (iv) | Multiple or complicated fractures or a serious crush injury to one leg. Extent of treatment among other factors will affect how much is awarded. | £27,760 to £39,200 |
| Moderate Brain Damage (i) | Cases of personality change, effect on sight and speech, with an epilepsy risk and intellectual deficit. | £150,110 to £219,070 |
| Severe Back Injuries (i) | Damage to the spinal cord and nerve roots that lead to serious consequences. | £91,090 to £160,980 |
| Minor Back Injuries (ii) | A sprain, strain, soft tissue injury or disc prolapse that fully recovers within 2 years. | £4,350 to £7,890 |
| Amputation of Arms (b)(ii) | One arm is amputated above the elbow. Success of a prosthesis will affect how much is awarded. | £109,650 to £130,930 |
| Total Loss Of One Eye | How much is awarded will depend on factors such as the person's age, the cosmetic effect and psychiatric consequences. | £54,830 to £65,710 |
| Chest Injuries | Damage to lungs and chest, causing some disability. | £31,310 to £54,830 |
| Serious Shoulder Injuries | A dislocated shoulder with the lower part of the brachial plexus being damaged. This causes neck, shoulder and elbow symptoms. | £12,770 to £19,200 |
| Modest Ankle Injuries | Ligamentous injuries, undisplaced or minor fractures and sprains. Recovery rate will affect how much is awarded. | Up to £13,740 |
Special damages can also contribute to your compensation for an accident at work. These relate to the financial losses caused by your injury. You could claim for losses such as:
- Adaptations to your home
- Loss of earnings
- Care costs
- Medical costs
- Travel expenses
Financial evidence, such as bank statements and invoices, would be needed to prove the validity of your claim for special damages. To see if you’re eligible to receive compensation, contact our advisors now for a free consultation.
Time Limits On Accident At Work Claims
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.
Below, you can find a list of guides which may tell you more about accident at work claims:
- Discover more answers to your queries on our accident at work FAQs page
- Can I claim compensation if I’ve left the company?
- Can you lose your job if you claim against your employer?
- Injured due to tiredness or fatigue – can I claim?
- I hurt myself at work, can I make a claim?
- What to do if you cut off your finger at work
- I suffered a burn injury at work, how much could I claim in compensation?
- How to claim compensation for industrial dermatitis
- I was injured at work – what are my rights?
- Is my employer liable for an accident at work?
- What should I do if I hurt myself at work?
- Who pays my medical bills if I’m injured at work?
- Can I make a claim if injured in my probation period?
- Who pays damages in an accident at work claim?
- I slipped on water at work, can I make a claim?
- Does my employer pay my medical bills if I’m injured at work?
- Can you still claim compensation f you didn’t take time off work?
- Do you have to be an employee to make a workplace injury claim?
- I am a new employee, can I make a claim?
- How do you prove an accident at work claim?
- Do you need to be an employee to make a workplace accident claim?
- What happens if you do not report an injury or accident?
- Can I make a claim if I’m an agency worker?
- I was dismissed after an accident at work, what should I do?
- If I was partly at fault for an accident can I still make a claim?
- I am self-employed and had an accident at work, can I make a claim?
- I had an accident at work due to no safety boots – can I make a claim?
- Can an apprentice make an accident at work claim?
- I suffered a head injury due to no helmet – can I make a claim?
- Can I claim if injured because of no safety goggles?
- What is the time limit for an accident at work claim?
- What are my employers’ responsibilities after an accident at work?
- Will suing my employer create problems?
- How to make a claim for inadequate tools and equipment
- What is the maximum weight I can lift at work?
- I had an accident at work, what are my rights?
- How long after an injury at work can I make a claim?
- I fell down the stair at work, can I make a claim?
- Learn more about accident at work claims here
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.
We hope you found this guide on recording injuries at work helpful. For more information, get in touch with our advisors at any time.
