BLOGS

I am often asked by clients who have been injured in the workplace two questions:

• should I report the accident?

• if I do report the accident, will my employer make my time in the workplace difficult or terminate my contact of employment? 

Please be assured that the answer to the first question is a resounding yes and the answer to the second question is a resounding no.  

“That is easy for you to say!” I hear an aggrieved reader shout terrified of their employer’s wrath. Please do not despair, I confirm that you should always report an accident or a hazard to your employers and ensure that it is recorded properly because health and safety in the workplace is of paramount importance, not just for individual employees but on a wider basis to the economy in general. 

In 2023, statistics indicated that 135 workers had died in work related accident in the United Kingdom and 60,645 workers were injured to the extent that they were absent from work more than 7 consecutive days. It is pertinent to note that the latter figure may be underreported!

Often, these accidents could be avoided by the employer had they been alerted to potential hazards by the employee. Every employee in the workplace has an obligation to ensure the health and safety of not only themselves, but fellow employees, and to raise health and safety concerns with their employers. If an employer dismisses or ignores reports and concerns, they run the risk of the Health and Safety Executive (HSE) fining and investigating them, particularly if a serious injury occurs. The employer has a duty to report certain accidents and events to the HSE, and failure to do so, may result in prosecution or fine.

Since 1969, every employer is obliged to maintain an insurance policy to cover against personal injury claims from their employees. If an employer fails to have such a policy then it would result in a substantial fine plus a fine of up to £1,000 for failing to show an employee the insurance certificate upon their request. 

Your employer is legally obliged in respect of accidents at work to do the following:

• send a Reporting of Incidents, Diseases and Dangerous Occurrences Regulations (RIDDOR) form to the HSE where the accident has resulted in the employee having more than 7 consecutive days absence from work and this report must be completed within 15 days of the accident

• the employer must keep an accident book and complete an entry for any accident, resulting in the injured person being absent from work for more than 3 days

• if the accident at work results in an injury to a member of the public, then this must also be reported

• “near misses” also need to be reported to the HSE and these are defined in more detail on the HSE website, but include :

1. the collapse, overturning or failure of load-bearing parts of lifts and lifting equipment

2. plant or equipment coming into contact with overhead power lines

3. the accidental release of any substance which could cause injury to any person

• occupational diseases are also reportable, notably Asbestos related illnesses.

Good employers are safe employers, you may have an accident at work and not sustain an injury, however, the next person may not be so lucky, by reporting the hazard you may be taking steps to avoid a serious injury. This might seem overly dramatic, but a review of many accidents at work over many years reveals often how the most minor of adjustments, such as signage, warnings or assessment of risk would have avoided the accident. Do the right thing, by doing so you are:

• raising awareness to the employer which will help improve workplace safety

• protecting your rights as an employee

• ultimately saving costs to your employers by avoiding workplace accidents 

If you have suffered an injury at work, then you should not face any criticism or prejudice for reporting and making a claim in the workplace. If your employers did act in this manner then you will be entitled to redress under employer law, the remedies of which could be far reaching, including not only financial compensation, but reinstatement and your employer’s will be have to justify their poor actions to the HSE and their own Employer’s Liability Insurer.

If you have been affected by an accident in the workplace and wish to discuss things further, for free iditol advice please contact: adrian.fawden@pardoes.co.uk