Who Has The Overall Responsibility For Recording Injuries At Work?
By Stephen Hudson. Last Updated 19th September 2024. If you have suffered an injury in the workplace, you might have questions about who should report or record the incident, such as ‘Who is responsible for filling in accident book?’ and ‘Who needs to report the accident to the Health and Safety Executive?’. If so, this guide could help as we discuss whose responsibility it is for reporting and recording injuries at work.
Employers have an obligation to report certain injuries and accidents that occur in the workplace. Additionally, employees have a responsibility to inform their employer or another relevant party that they have been injured in an accident at work. Read on to learn more about the process that must be followed when a workplace accident occurs.
Additionally, we discuss when you could be eligible to begin a personal injury claim following a workplace accident, examples of injuries you could potentially be compensated for, and how compensation is calculated for a successful claim. Furthermore, we discuss how Legal Expert could help you by connecting you with one of our solicitors to represent your claim under No Win No Fee terms.
If you have any other questions about claiming compensation or who is responsible for recording injuries at work, get in touch with our team. To reach them, you can:
- Call 0800 073 8804
- Start your claim online
- Use the live chat function below.
Select A Section
- Who Has The Overall Responsibility For Recording Injuries At Work Under RIDDOR?
- Who Is Responsible For Filling In An Accident Book?
- Reporting Accidents As An Employee
- Reporting Accidents As An Employer
- Do You Have The Basis For A Workplace Accident Claim?
- Examples Of Injuries In The Workplace
- Accident at Work Compensation Calculator
- Time Limits On Accident At Work Claims
- No Win No Fee Accident At Work Claims
- Resources And Useful Links
Who Has The Overall Responsibility For Recording Injuries At Work Under RIDDOR?
Certain injuries and accidents must be reported to the Health and Safety Executive (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.
RIDDOR is the regulations that are in place for reporting diseases, incidents, and accidents. The following are examples of what needs 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.
Who Is Responsible For Filling In An Accident Book?
Under the Social Security (Claims and Payments) Regulations 1979, an accident at work book is a legal requirement for all workplaces with ten or more employees. You may be unsure about who is responsible for filling in an accident book. An accident book can be filled in by anyone. However, any report made in it should be checked by the qualified first aider for the workplace.
The accident logbook should detail the injured party’s name, the date and time of the incident and any relevant details.
Employers should ensure that an incident is recorded in the accident book if it results in a worker being incapacitated for more than 3 consecutive days. However, it is good practice for any workplace accident to be recorded even if this doesn’t happen. If you are involved in an accident at work caused by your employer breaching their duty of care, then a report in the accident book could be used as evidence if you choose to make a claim.
Contact our advisors for free today for advice on the process of making an accident at work claim.
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
Do You Have The Basis For A Workplace Accident Claim?
Now that we know more about who is responsible for reporting accidents in the workplace and why is it important to review the accident book, let’s talk about making a workplace injury claim.
To be eligible to claim compensation, you need to be able to prove that negligence occurred. But what is negligence? When it comes to making an accident at work claim, negligence happens when:
- You are owed a duty of care by your employer
- They breach this duty
- You are injured as a result
Your employer’s duty of care is outlined under the Health and Safety at Work etc. Act 1974 (HASAWA), which states that employers need to take all reasonable practicable steps to keep their employees safe while they work.
For example, this might include putting out a wet floor sign after a spillage to prevent employees from slipping and falling. If they failed to do so, and you slipped and fell, causing a severe head injury, then you could potentially make an accident at work claim.
Keep reading to find out how a report in the accident book can be useful if you intend to make a personal injury claim, or contact our team of advisors today for further information.
Examples Of 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 and broken bones: 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.
- Head injuries: These could be caused by slips, trips or falls on the same level or from a height.
- Back injuries: These could be caused by manual handling accidents, such as lifting a load incorrectly due to poor training.
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.
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 | Severity | Guideline Amount | Notes |
|---|---|---|---|
| Multiple Very Severe Injuries with Monetary Damage | Very Severe | Up to £500,000+ | Compensation for suffering multiple serious injuries and their financial losses such as lost earnings and medical expenses. |
| Leg Injuries | (ii) Below knee amputations of both legs | £245,900 to £329,620 | Severity of phantom pains, age and any psychological issues are some of the factors that will affect how much is awarded. |
| Leg Injuries | Severe (iv) Moderate | £33,880 to £47,840 | Multiple or complicated fractures or severe crush injuries to one leg. |
| Brain Damage | Moderate (i) | £183,190 to £267,430 | A moderate to severe intellectual deficit with a serious risk of epilepsy and no prospect of employment. |
| Back Injuries | Severe (i) | £111,150 to £196,450 | Severe damage to the nerve roots and spinal cord, causing immense pain and disability. |
| Back Injuries | Minor (i) | £9,630 to £15,260 | A full recovery takes place within 2 to five years from a minor back injury without needing surgery. |
| Amputation of Arms | (b) (ii) Above elbow amputation | £133,810 to £159,770 | A shorter stump that makes the use of a prosthesis difficult will be applicable to the top end of this bracket. |
| Injuries Affecting Sight | Total Loss Of One Eye | £66,920 to £80,210 | The person's age, cosmetic effect and psychiatric consequences will affect the amount awarded. |
| Shoulder Injuries | Serious | £15,580 to £23,430 | A dislocated shoulder causing pain in the neck and shoulder. |
| Ankle Injuries | Modest | Up to £16,770 | Undisplaced or minor fractures, ligamentous injuries or sprains. |
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
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, legal proceedings could potentially be started for them on their behalf by a litigation friend, such as a parent or solicitor appointed by the courts. 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.
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.
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
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