Health And Safety Accidents

Whilst you are at work, your employer has a duty to protect you and ensure that you are informed about all aspects of health and safety that relate to your job. If you are involved in an accident, they have an obligation in certain circumstances to report the accident details to the Incident Contact Centre of the Health and Safety Executive (HSE).

An accident must be reported if:

  • Someone dies as a result of the accident
  • Someone sufferes serious injuries (eg broken limbs, fractured skulls etc)
  • There is a dangerous incident (which might include part of a building collapsing such as the roof)
  • An injury occurrs which prevents someone from working for more than three days
  • An outbreak of a disease occurs at your place of work

The obligation to report any of these circumstances rests with your employer, but if you are in any doubt whether the incident or accident has been reported you can report it too.

Your Employer’s Responsibility For Health and Safety at Work

Your employer must carry out a risk assessment to ensure the safety of employees and visitors. He must take any action necessary following this risk assessment to remove any potential health and safety hazards. Your employer must decide how many first aiders are required and what type of first aid equipment is needed on site.

In addition to your employer’s responsibilities, you must also take reasonable care to ensure your own health and safety.

Accident Book

All employers must keep an accident book so that a record of all injuries sustained at work (including minor ones) can be made. It allows your employer to notice any trends in types of accidents happening at work, and for your benefit it allows you to make a record of the accident if you later decide to pursue an accident compensation claim.

Sick pay

Often your entitlement to sick pay will be limited to statutory sick pay. You will need to check your contract of employment (this may be your engagement letter) which will detail whether you are entitled to any additional sick pay. Some employers will keep paying you if they believe that they are responsible for the accident, or simply as a gesture of goodwill. However, if you do not receive your full pay and the accident was your employer’s fault, then a claim for your lost earnings can be made to ensure that you do not suffer financially.

Claiming Compensation For Your Injuries

If you suffer anything more than a minor injury, you can make a claim for compensation. This will include a claim for your pain and suffering along with a claim for all of your expenses. You should use an expert work accident claim solicitor to ensure that you have the best prospects of success.

If your claim for compensation is successful, it will be paid by your employer’s insurance company (your employer must have insurance to cover any accident claims against them by employees or visitors). Therefore, a successful claim for compensation will not come out of your employer’s profits.

Summary Of Action If You Have Been Involved In A Work Accident

  • Record the accident and injury details in the accident book
  • Check that your employer has reported the accident to the HSE (and report it yourself if it meets the criteria above)
  • Check your contract or letter confirming your employment to see how much sick pay you are entitled to
  • If you have suffered a more than trivial injury, speak to a specialist Work Accident solicitor to ask about making a claim for compensation.

The Work Accident Solicitors – health and safety law experts

Our specialist work accident solicitors can advise you on all aspects of health and safety law and if you believe that your employer has fallen short of their legal requirements, we could help you make a compensation claim.

Call 0808 901 9069, or

Email us using the contact form.

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