Learn About The Accident At Work Claim Procedure
Experiencing an injury following a workplace accident can leave you unable to work or partake in your usual daily life. Here at UK Law, we will explore what the accident at work claim procedure is and what you should do after a workplace accident.
Essential Information
- Between 2023 and 2024, there were 61,633 non-fatal employee accidents at work, as reported by employers.
- 31% of these accidents were caused by a slip, trip and fall on the same level.
- You could make a compensation claim if you suffered injuries in a workplace accident due to the negligent actions of your employer.
- You could still make a claim even if your accident wasn’t recorded in the accident book.
- Accidents at work can have physical, psychological and financial consequences.
- A workplace accident could happen in a range of different situations, such as forklift accidents, objects falling from height or even crushing accidents.
Contact Us
To discuss how to start your own accident at work claim, you can reach our advisors by:
- Calling us on 020 3870 4868
- Filling out our contact form
- Using our live chat
Jump To A Section
- What Is The Accident At Work Procedure?
- Reporting The Accident To Your Employer And Colleagues
- Recording The Incident In The Accident Book
- Seek Immediate Medical Attention For Your Injuries
- Contact A Specialist Advisor About What To Do Next
- Gathering The Evidence That Will Support Your Claim
- Make A Record Of Any Financial Losses Or Expenses
- Ensure You Begin Your Claim Within The Time Limits
- How UK Law Can Help You Through The Process
- Learn More
What Is The Accident At Work Procedure?
Firstly, the procedure following an accident at work should begin with your employer ensuring your safety after the accident. They can do this by asking you about the accident and potentially administering first aid or calling an ambulance if this is needed.
Your employer should then address any risks or hazards which might’ve contributed to your accident, to minimise the risk of further harm being caused. Following this, your employer should record this accident in the workplace accident report book, including details such as:
- The employee’s name
- The date and time of the injury
- Location of the accident
- A description of the incident
- Any first aid that was administered
As well as ensuring that it is recorded in the accident book, your employer is legally obligated to report certain workplace accidents to the Health and Safety Executive (HSE) under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR). We explain this in more depth in a later section.
If you’d like to learn more about the accident at work claim procedure or your employer’s responsibilities following a workplace accident, you can contact our advisors.
Reporting The Accident To Your Employer And Colleagues
Another vital step following an accident at work is reporting this to both your employer and other colleagues. You can report this verbally to your employer and also note down the details of your accident in the accident book. If you are unable to fill out the accident form yourself due to your injuries, a colleague who was present at the scene of the accident could do this on your behalf.
By reporting it, this may help prevent future accidents, as it can encourage your employer to conduct risk assessments to prevent a similar accident from happening again.
The accident form you fill out could also then be used as evidence when pursuing a personal injury claim for compensation.
What Is A RIDDOR Report And Who Is Responsible?
A RIDDOR report is a notification made to the HSE by employers about certain work-related accidents. Under RIDDOR, certain accidents at work must be declared and shared with the HSE to uphold and ensure compliance with relevant health and safety legislation.
Under RIDDOR, the following incidents must be reported:
- Fatal accidents at work
- Specified injuries
- Fractures
- Amputations
- Blindness or reduced vision
- Crush injuries
- Serious burns
- Loss of consciousness
- Incidents that result in an employee being unable to return to or perform their normal work duties for over 7 consecutive days
Additionally, only a ‘responsible person’ is able to submit a RIDDOR report. This could be:
- Your employer
- Certain self-employed workers
- The person or organisation in control of the work premises when a reportable accident has occurred
If you have any questions about the HSE or a RIDDOR report, please get in touch with our advisors today. Here at UK Law, we are specialists in accidents at work claims. The solicitors on our panel have decades of combined experience and can assist you from the start of your claim and through every step.
Recording The Incident In The Accident Book
After an accident at work, one of the first points of call is making sure the accident is recorded in the accident book. Under Regulation 25 of the Social Security (Claims and Payments) Regulations 1979, any workplace with 10 or more employees is required to have an accident book on-site.
If this accident is recorded as close as possible to the time of the accident, the details should not only be accurate as they are fresh within your mind, but can also act as evidence if you wish to pursue a compensation claim.
If it isn’t recorded in the accident book, your employer may argue that the accident never occurred or the details differed from what happened; so it is important that the accident is recorded.
You could still be eligible to make a claim even if the accident wasn’t recorded, provided that you satisfy the eligibility requirements needed to make an accident at work claim and have sufficient evidence to prove your case.
Get in touch with our advisors for a free discussion about the validity of your claim today or to learn more about the accident at work claim procedure.
Seek Immediate Medical Attention For Your Injuries
After experiencing an accident at work, it is imperative that you seek medical attention. This is one of the most vital steps, as it can improve your chances of a speedy recovery.
Depending on the severity of the injuries you suffered, you may go to A&E or book an appointment with your GP.
A doctor or other healthcare professional can properly diagnose you and provide examinations to determine the extent of your injuries. You might have suffered injuries that you’re unaware of, so getting medical treatment as soon as possible can mean all of your injuries, whether visible or not, can be treated effectively.
Additionally, seeking medical treatment at the earliest stage can mean that records about the type of injury you suffered are recorded as soon as possible, which can be used as part of your supporting evidence.
Contact our advisors today to learn more about what types of evidence you could gather to support your potential accident at work claim.
Contact A Specialist Advisor About What To Do Next
After suffering an injury in an accident at work, you could contact our specialist advisors to see whether you could be eligible to make an accident at work claim and what steps you could take next.
Getting in touch with a specialist advisor can help you get started with your claim. We understand that making a claim can feel overwhelming and quite scary, but you have a legal right to do so.
Under the Health and Safety at Work etc Act 1974, your employer owes you a duty of care to take reasonable steps to ensure your safety. If they fail to uphold this duty and it leads to your injuries, you could be eligible to make a claim.
Our advisors can explain whether you have a valid case, share examples of evidence you could gather, and potentially connect you with a specialist personal injury solicitor on our panel to help you. Why wait? Contact our advisory team today.
Gathering The Evidence That Will Support Your Claim
Evidence in accident at work claims can help to prove without a doubt that your injuries were a result of your employer failing to meet their duty of care. Your evidence might be made up of documents like:
- Your GP record or medical evidence, including the findings of any scans, X-rays, prescriptions or reports. This can demonstrate the severity of your injuries.
- A copy of your accident at work report book, provided the accident was recorded.
- Video footage of the accident, if it was caught on camera. You have a legal right to request CCTV footage of yourself.
- Contact details of colleagues or anybody who may have witnessed the accident, for a solicitor to later gather a witness statement from.
- Photographs of any visible injuries, such as lacerations and burns.
Keep A Personal Log Of Any Symptoms Or Injuries
Keeping a personal log or diary of any symptoms you have experienced due to your injuries can act as supporting evidence in your claim; it can help to demonstrate the extent of your injuries and how these were caused at the fault of your employer.
A description of your injuries and how they are impacting your daily life can strengthen the basis of your claim, as it can show the severity of your injuries. This can be for any physical or mental injuries you have suffered.
One of the expert solicitors from our panel could not only help you gather supporting evidence but also use this evidence to build a strong claim, in the hopes of a successful outcome, while you focus on recovery.
Contact us today if you have any questions about the evidence that you’ll need for your case or about the accident at work claim procedure.
Make A Record Of Any Financial Losses Or Expenses
You should keep a record of any financial losses or expenses you have expereinced due to your injuries, and these can be claimed back as part of your compensation. These losses would be awarded under special damages, and could account for:
- Lost earnings: if you have been left unable to work due to your injuries, these lost wages can be valued as part of your special damages.
- Home or vehicle adaptations: suffering a severe injury at work might have left you with permanent mobility issues, particularly if you suffered a back injury or brain injury. To aid your mobility and help you recover, you may need home or vehicle adaptations, such as handrails, stairlifts, or hoists, to assist with your mobility.
- Medical expenses: if you now require prescription medication or physiotherapy, these costs can be considered and valued in your special damages.
- Costs of care: a workplace accident might’ve left you in a position where you now require round-the-clock care and assistance in daily tasks. Professional carers can be costly, and these expenses could form part of special damages.
In order to claim back these financial expenses, you must have evidence of them. This might include documents such as your payslips to show a loss of earnings, or receipts for any home adaptations.
Again, through working with a solicitor from our panel, you can rest assured that you wouldn’t have to compile this evidence on your own. The solicitors on our panel have years of experience in gathering evidence which will support your case.
Contact us today if you have any questions about how special damages could help you after the accident.
Ensure You Begin Your Claim Within The Time Limits
An important stage of any accident at work claim is to ensure that your claim is started within the limitation period. In accordance with the Limitation Act 1980, personal injury claims must be started within 3 years from the date of the accident.
There are, however, two exceptions to this limitation period for claimants who are unable to bring their case. Claimants under 18 will have 3 years from the date of their 18th birthday to start their claim; additionally, claimants who are mentally incapacitated will have 3 years from the date that their capacity is regained (where this is possible).
However, in both of these instances where the claimant is unable to start their own claim, a litigation friend could be appointed by the courts to make one on their behalf.
Get in touch with our advisors today to learn more about whether your claim is still within the time limits. Our advisors are available 24/7 to discuss this with you.
How UK Law Can Help You Through The Process
One of the solicitors on our panel here at UK Law could help you through the accident work claims process by providing you their excellent services, such as:
- Support and legal advice throughout the claim process
- Regular updates about the progress of your claim
- Communicating with the other parties involved and the courts
- Explaining legal terminology so you have an understanding of your own claim
- Working with you closely to develop a recovery plan that suits your needs
- Negotiating your compensation settlement
They have had years of experience working on various types of accident work claims, and will strive for the best possible outcome for yours.
In addition to this, they could offer their services to you on a No Win No Fee basis under a Conditional Fee Agreement. With this type of agreement in place, you could experience:
- No upfront payments for the solicitor to begin your claim
- No payments for the solicitor to continue the progress of your claim
- No payments needed for your solicitor’s completed work if your claim fails
If your claim is a success, a limited fee would be deductible from your compensation. The percentage of this fee is capped in line with the Conditional Fee Agreements Order 2013 to ensure that you receive the majority of your compensation.
Get In Touch With Our Team
Our advisors are available to answer any questions you might have about the accident at work claim procedure. Whether this be discussing how to make a claim or exploring what evidence you might need in your own claim, they are happy to help.
To be connected with one of our friendly advisors, you can reach our team by:
- Calling us on 020 3870 4868
- Filling out our contact form
- Using our live chat
Learn More
Why not read our other guides about:
- Are you entitled to full pay after being injured at work?
- How to claim if you’ve been hit by a falling object at work
- Manual handling claims
Helpful External Resources
- The Government’s overview of Statutory Sick Pay
- How to manage sick leave and returning to work from the HSE
- NHS advice on first aid
Thank you for reading our guide on the accident at work claim procedure. Contact us today if you have any questions.
