Accident In The Workplace: The ways to show how your injury happened so you can make a UK compensation claim
Your employer must keep records of any accident in the workplace. This article reveals why your employer is required by law to keep records; the records that should be kept and which records you can use to prove how your accident happened to help support your compensation claim for work injury.
Why must your employer keep records of every accident that happens in the workplace?
Your employer is required by law to ensure the health and safety of all workers and to make proper records of any accident that happens in the workplace.
It is quite often considered a criminal offence for your employer not to comply with health and safety requirements.
What are the records your employer should make of your workplace accident?
Your employer is required by law to make a number of records of all accidents in the workplace which include:
1. The accident book entry
An accident book should be kept by your employer – detailing the date and description of all accidents to all employees from the very minor to the most serious. It is best that you read any entry made of your accident very carefully and make sure that it is completely accurate before you sign.
2. The report made by first aid
Each workplace should have a number of individuals trained in first aid who are immediately available to assist in the event of an accident. After they have provided the initial assistance they should also write a report of your injuries and a brief description of the accident circumstances.
3. Occupational health records
Large employers will often have a medical team who can assist with any injuries at work. The medical team will keep records of all the injuries you receive from your accident in the workplace, as well as any treatment provided – these records are known as your “occupational health records”. Any treatment from your GP or a hospital will be copied to your employer and form part of your occupational health records.
4. The accident questionnaire
Immediately following your accident your employer should ask you to complete an accident questionnaire. This will allow you to provide a full description in your own words of how your accident in the workplace happened including a description of all the injuries you initially complained of.
5. The supervisor’s description of the accident
Your supervisor should take a description from you and all other witnesses to the accident and compile a short report which he should sign and have any witnesses complete and sign a statement.
6. Union representative’s report
If you are a member of a union there will often be a union accident representative who can make a record of your accident.
7. Report made to the Health and Safety Executive
The Health and Safety Executive is the part of the government that monitors the safety of workers in the UK. An employer is required by law to report to the Health and Safety Executive any accident in the workplace which causes an employee to be off sick from work for three days or more, to suffer a work related illness, death, causes a member of the public to have to visit hospital or even a dangerous event at work that could have resulted in a report being necessary.
The report to the Health and Safety Executive is known as a RIDDOR report – short for the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995.
8. Employer’s Health and Safety meeting minutes
Following an accident at work an employer should have a management meeting to discuss the accident circumstances. The minutes of this meeting are a record of what was said by all concerned in the meeting.
9. Employer’s risk assessments
Before an employee can do a job in the workplace an employer is required to look at the way the job is done and assess any possible risks of danger to ensure the employees is safety at all times. If an injury occurs another risk assessment should be completed to reassess how the job should now be done and any dangers involved. An employer must keep a record of these assessments.
10. Accident investigation report
An employer is required by law to carry out an investigation as to how the accident happened and complete a report.
11. General items
Sick notes, records of your telephone calls giving reasons for continued absence, employer’s records of your absences, etc.
You are entitled to see all of these records, but an employer will often be reluctant to show them to you until a solicitor requests them on your behalf.
Accident In The Workplace Summary & Next Steps
You now know what records your employer must keep of your accident in the workplace, which your solicitor can access to show how your accident happened.
See our how to prove employer fault article- explaining how your solicitor establishes if you have a workplace accident claim and how employer fault can be shown.
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See our specialist solicitor help options – to select from a number of free help and assistance we provide, you can call direct to discuss your workplace accident with one of our solicitors, ask an online question or arrange for a callback