By Stephen Burke. Last Updated 26th September 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.
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?
- Why Do You Need To Report Accidents At Work?
- When Can I Claim For An Accident At Work?
- What Is The Time Limit When Claiming For Accidents In The Workplace?
- Will An Accident Report Help Me Prove My Claim?
- Claiming For An Accident At Work With A No Win No Fee Solicitor
- Essential References Relating To Who Is Responsible For Making Accident Reports
Why Do You Need To Report Accidents At Work?
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
There are a few reasons why it is important and beneficial to report an accident at work. These include:
- As previously mentioned, it is a legal requirement for employers to report certain types of accidents and work-related illnesses. Legal action could be taken against the company if an employer does not do this.
- Reporting workplace accidents can help prevent further similar accidents, as employers can identify how the accident happened and take the required steps to prevent it from happening again.
- Further health and safety measures could be implemented. For example, work policies could be updated.
- By reporting an accident at work, the employees’ rights are protected. This means that employees could claim compensation if they are eligible.
- Reporting workplace accidents can increase employee retention, as employees may feel safer.
What Information Needs To Be Included In An Accident Report?
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 which establishes that they should take reasonable steps in order 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 has failed to adhere to their duty of care, this could cause a variety of accidents in the workplace.
In order to move forward with an personal injury claim, you will need to prove:
- Your employer owed you (the injured party) 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 standard time limit of three years in place for starting a personal injury claim for an accident in the workplace. This is set out by a piece of legislation called the Limitation Act 1980, which also establishes that the time limit usually starts on the date you were injured in the accident.
However, exceptions can apply under specific circumstances. If the injured party is under the age of eighteen, then the time limit will be frozen until the day of their eighteenth birthday. From this date, they will then have three years to begin a claim. However, prior to this date, a litigation friend could make a claim on behalf of the injured party.
For those who lack the mental capacity to make a work injury claim, the time limit will be suspended indefinitely. During this suspension, a litigation friend could instead make a claim on behalf of the injured person. Should they recover this mental capacity, they will instead have three years to commence a claim from the date of recovery if a claim has not already been started.
Contact our advisors for more information on the eligibility criteria for work accident claims. Our team can also advise on other questions you may have, such as how accident reports and other evidence may support a work injury claim or who is responsible for reporting hazards and accidents in the workplace.
Will An Accident Report Help Me Prove My 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.
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 valid grounds to begin a work injury claim, one of our No Win No Fee solicitors could offer to take on your claim under a Conditional Fee Agreement. Under this particular arrangement, you wouldn’t need to pay them upfront or while your claim progresses for the services they provide. If your case is not successful, you will not need to pay your solicitor for the work they’ve done on your case.
Alternatively, you’ll pay them via 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 are eligible to start a clam with one of our No Win No Fee solicitors, you can speak to one of our advisors. They can be reached by:
- Calling 0800 073 8801
- Complete the online contact form for a callback.
- Using the live chat service on our website.
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.
