Who Has Responsibility For Recording Injuries At Work?
By Danielle Fletcher. Last Updated 1st December 2023. No matter what type of accident at work you suffer injuries in, it’s vital that someone records it. Whether you’re intending on making an injury claim against your employer if you hurt yourself at work, a workplace accident report is often a legal requirement. But who has the responsibility for recording injuries at work, what are those responsibilities and does an accident report log affect your ability to make a personal injury claim?
Within this guide, we’ll answer commonly asked questions such as who is responsible for making accident reports at work. We will also look at how an accident report could help you make a claim for compensation against your employer if their negligence causes you to be harmed in a work accident.
At UK Law, we’re here to offer expert guidance and advice to those who’ve suffered a personal injury that wasn’t their fault.
As well as giving you a wealth of useful information in this guide, we could also help you start your claim. Our advisors could answer any questions you have about your specific case.
If we believe you could have a strong case, our panel of lawyers could help you with your claim on a No Win No Fee basis. Why not contact us to find out more? You can reach the team on:
- Telephone: 020 3870 4868
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Select A Section
- Who Is Responsible For Making Accident Reports?
- What Is A Reportable Accident Under RIDDOR?
- Compensation Payouts For Injuries At Work
- Claim For Injuries At Work On A No Win No Fee Basis
- Other Information Relating To Who Records Injuries At Work
Reporting injuries at work is important, and all workplaces with ten or more employees must have an accident book.
In addition to supporting a workplace injury claim, the accident log book can allow your employer to identify injury patterns for better management of work-related risks.
Employers owe their employees a duty of care. This duty of care is set under the Health and Safety at Work etc. Act 1974 (HASAWA), and states that they must take all reasonably practicable steps to keep employees safe while working. If they fail to comply with the relevant health and safety legislation and you suffer an injury as a result, you could be eligible to claim compensation.
Furthermore, certain incidents must be reported to the Health and Safety Executive (HSE) under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR). It is your employer’s responsibility to ensure that reporting under RIDDOR is carried out.
Speak to a member of our advisory team to find out if you are eligible to claim.
There are many different types of accidents that could happen at work. Some accidents, illnesses, diseases and incidents are reportable under The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013, also known as RIDDOR.
RIDDOR is the legislation that requires people who control work premises and employers to keep records of certain reportable incidents. For instance:
- Incidents that could cause harm to people (dangerous occurrences)
- Specified diagnosed occupational diseases
- Accidents related to work that cause specified injuries
- Work-related accident deaths
- Gas incidents
If you’re wondering how to report injuries in the workplace, you could speak with your employer. Alternatively, contact our team on the number above.
When you make a successful injury at work claim, the amount of compensation you receive will be calculated depending on a variety of factors. For example, most personal injury claims can include up to two heads. These parts are known as general damages and special damages.
Every successful claimant should be eligible for general damages, as it covers your injuries and the effects they have on you and your daily life. For example, if you are left with PTSD that affects your employability, this may be considered in your final amount if it is related to your injury. You can find some examples of what you could receive in general damages in the table below, with figures taken from the 2022 edition of the Judicial College Guidelines (JCG). However, as each claim is assessed individually, these amounts are not guaranteed. Please note that the first entry in this table is not taken from the JCG.
|Multiple injuries of a severe nature plus special damages||Very Serious||Settlements may include compensation for multiple injuries and expenses, such as lost income, home help and nursing care.||Up to £1,000,000+|
|Brain Damage||Very Severe||The injured party is unresponsive to their environment (or shows little evidence of a meaningful response to their surroundings), amongst other symptoms. They need full-time nursing care.||£282,010 to £403,990|
|Arm Amputation||Loss of Both Arms||The injured party has full awareness that both of their arms have been amputated.||£240,790 to £300,000|
|Hand Injuries||Total or Effective Loss of Both Hands||In this bracket, the claimant has extensive damage to both hands rendering them little more than useless.||£140,660 to £201,490|
|Hand Injuries||Index, Middle and/or Ring Finger Amputation||The claimant's hand is of very little use due to the amputations.||£61,910 to £90,750|
|Back Injuries||Severe (i)||This bracket includes spinal cord and nerve root damages resulting in severe pain and disability causing a combination of incomplete paralysis, impairments to the bowel and bladder and sexual functioning.||£91,090 to £160,980|
|Back Injuries||Moderate (ii)||Many different back injuries are included in this bracket, such as ligament and muscle disturbance with the award considering original injury severity, pain, treatment and the impact on the claimant's lifestyle.||£12,510 to £27,760|
|Neck Injuries||Severe (i)||The claimant suffers with incomplete paraplegia or permanent spastic quadriparesis or has little or no neck movement along with severe headaches.||In the region of £148,330|
|Leg Injuries - Severe||Very Serious (ii)||This bracket includes injuries that result in permanent mobility problems and multiple fractures that take years to heal or where arthritis has developed making further surgery likely||£54,830 to £87,890|
|Foot Injuries||Severe||The claimant suffers substantial mobility restrictions or considerable permanent pain due to fractures of both feet or suffered an unusually severe injury to one foot, ie, severe degloving.||£41,970 to £70,030|
The second part is known as special damages. Not everyone is eligible to receive special damages, as it covers any financial losses you might have incurred as a result of your injuries. These losses may include:
- Travel expenses
- Medical bills
- Home adjustments, such as a stairlift
- Childcare costs
- Help with housekeeping
These two heads of claim come together to form your final sum. Our advisors can provide more information on claiming compensation for injuries at work when you get in touch today, along with a free consultation in which they can give you an estimate of what your claim could be worth.
You may have questions, such as ‘why is it important to review the accident book?’ after suffering injuries in a workplace accident. It is essential that the correct details are recorded. In addition to potentially preventing future injuries, the logbook can be submitted as evidence should you wish to make a personal injury claim. However, you are likely to require other proof.
Other evidence that could be useful beyond the workplace accident book includes:
- Your medical records. These could have the date you sought treatment for your injuries. In addition, you might be asked to attend an independent medical exam to help assess the prognosis and what impact your injuries will have on your life.
- Visual footage of the accident. For example, you can request CCTV footage of yourself.
- If your injury is visible, such as lacerations or swelling, you can submit pictures to support your personal injury claim. Additionally, you can submit photographs of the accident scene if you have any.
- If anyone witnessed the accident that caused your injuries, you can make a note of their contact details so they can give a statement.
Call our advisors for free legal advice following workplace injuries, even if the incident was not recorded in the accident at work book.
If you meet the eligibility criteria to pursue an accident at work claim, you may like to have legal representation. If you do, one of the personal injury solicitors from our panel could help with your claim. Our panel of solicitors typically work under the terms of a Conditional Fee Agreement (CFA), which is a type of No Win No Fee agreement.
When your solicitor works under a CFA, they won’t ask for you to pay upfront for their services or charge fees as the case is ongoing. Furthermore, they won’t charge you for their work on your case following an unsuccessful personal injury claim.
However, if your case succeeds, your solicitor will deduct a small success fee from your compensation. The percentage that can be taken is capped by law.
Our advisory team is here to help with free advice and can provide you with a free claim evaluation. In addition, if you meet the eligibility requirements, you could be connected to one of the No Win No Fee solicitors from our panel.
To discuss reporting injuries at work:
- Call 020 3870 4868
- Fill in our ‘contact us’ form and a team member will call you back.
- Connect using our live chat.
- Health and Safety at Work etc Act 1974 – Here, you can read the act in full.
- Good Practice Guidelines – The HSE has produced useful guidance on how employers can protect their employees.
- Check Your Employment Status – If you’re not sure whether you’re employed, an agency worker or self-employed, you can find out here.
- Guidance if no one witnessed your accident – We’ve produced a guide explaining more about witnesses of accidents.
- What Are My Employer’s Responsibilities? – You can read what responsibilities your employer has after a work accident here.
- Self-Employed Accident At Work – Read our guide for further information on your rights as a self-employed worker.
We hope this guide, which answers questions such as who has the overall responsibility for recording injuries at work, has been useful for you.