By Danielle Graves. Last Updated 6th January 2023. Welcome to our guide, which asks, “what are your employers’ responsibilities after an accident at work?” If an employee is injured in an accident at work caused by negligence on the part of their employer, the latter could be held liable for the employee’s injuries or illness and have to pay them compensation as a result.
Employers’ responsibilities after an accident at work
This guide explains how employers should respond to workplace injuries and what an employee’s rights are if they are involved in an accident at work. If you have been injured or made ill because of an accident at work caused by negligence on the part of your employer, you should be able to claim compensation for the pain, suffering and loss of amenity that you suffered.
Legal Helpline can offer you advice for making an accident at work claim, and we can help you if you believe your employer isn’t fulfilling their responsibilities towards you. We can also provide you with an excellent personal injury solicitor from our panel to handle your accident at work compensation claim.
Call us today on 0333 000 0729 or use our online claims form to reach us. We’re looking forward to hearing from you.
Jump To A Section
- What Duty Of Care Do Employers Have And When Could You Claim?
- After An Accident At Work, What Are My Employers Responsibilities In the UK?
- Accident At Work Procedure In The UK – Claim Time Limits
- How Much Could You Claim If You Had An Accident At Work?
- What Type Of Losses Or Costs Are Included In Compensation Claims?
- No Win, No Fee Accident Claims Against Employers
- Where To Find Out More
What Duty Of Care Do Employers Have And When Could You Claim?
If you have had an accident at work, you might wonder, ‘what are my employee rights?’ As outlined in the Health and Safety at Work etc. Act 1974, your employer has a duty to ensure the workplace is practically safe for employees, including temporary workers and agency workers.
Therefore, if your employer fails to do whatever is reasonably practicable to maintain a safe workplace and you are injured as a result, you have the right to make a claim. However, it’s important to prove that your employer acted negligently and caused the accident.
For any questions regarding the accident at work procedure, speak to our advisors for free. If you have been hurt at work, they could connect you with our panel of solicitors.
After An Accident At Work, What Are My Employers Responsibilities In the UK?
If you have suffered an injury at work caused by negligence, your employer will face certain responsibilities. These include:
- Reporting The Injury: While a work accident report book can be used to record every injury suffered in the workplace, your employer may also need to report certain accidents and injuries under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) to the Health and Safety Executive. This could apply to specified injuries such as fractures, amputations or internal organ damage, and deaths.
- Providing Sick Pay: If you are eligible for sick pay, your employer has a responsibility to pay the statutory amount for up to 28 weeks. Not everyone is eligible for sick pay.
- However, if you successfully make a claim for compensation, you could be reimbursed for any lost earnings.
- Treating You Fairly: Your employer cannot dismiss you or harass you for making an honest claim against them. This is an important part of employers’ responsibilities to employees who have suffered a worklplace injury. If this has happened to you, please reach out to a solicitor.
Our advisers can help you and give you more information about the responsibility of an employer following an accident at work.
Accident At Work Procedure In The UK – Claim Time Limits
Now we have covered what your employer’s responsibilities are regarding accidents in work, it’s important to consider how long you have to start your claim.
If you had an accident at work and are eligible to claim, you must generally ensure that your claim is started within the three-year personal injury claims time limit. This is set by the Limitation Act 1980. The time limit starts on either the day you had an accident at work or the date that your suffering could be connected to negligence. However, in some circumstances, the time limit is suspended. These include:
- Claimants that had an accident at work while lacking the mental capacity to claim will see the time limit suspended indefinitely. A litigation friend can start an accidents in work claim at any time on their behalf. However, should capacity be regained, the claimant will have three years from that date to start a claim if one was not already started.
- Claimants under the age of 18 will have three years to start a claim after their 18th birthday if a litigation friend hasn’t started one on their behalf.
Call our advisors if you had an accident at work and would like to start an injury claim.
Accident At Work – How To Claim
If you were injured because your employer failed to meet their responsibilities under health and safety law then a step you can take to help your claim is to collect supporting evidence.
For example, as we have mentioned an employer has responsibilities to provide or conduct (where necessary):
- Training
- Necessary PPE
- Risk assessments
If this was not provided, then you could collect supporting evidence such as:
- Emails, or work documents
- Contact details of coworkers or witnesses who can corroborate your claim
- Phone recordings, CCTV footage, or photos of the hazard that caused your injury
Accident at work claims rely on supporting evidence; evidence that can show that your employer was in breach of their duty of care, could prove that you were injured as a result.
Please reach out to a member of our team to discuss how to start take action for suffering an injury caused by negligence in accident at work, and employer responsibilities under UK Law.
How Much Could You Claim If You Had An Accident At Work?
If you have had an accident at work, then under accidents at work law, you could be entitled to compensation as long as you have evidence that you have suffered harm due to employer negligence.
Compensation can be made up of two different heads of claim. The first is general damages, which account for any pain, suffering or loss of amenity inflicted by your injuries. We’ll discuss special damages following accidents in work in the next section.
To calculate general damages, solicitors can use medical evidence as well as the compensation brackets featured in the Judicial College Guidelines (JCG). We have taken figures from the JCG to create the table below.
| Injury | Notes | Compensation Bracket |
|---|---|---|
| Severe back injuries (iii) | Chronic conditions from disc lesions, fractures or soft tissue injuries that cause continuing severe pain or other symptoms. | £38,780 to £69,730 |
| Less severe arm injuries | Recovery from significant disabilities has occurred or is expected. | £19,200 to £39,170 |
| Less severe elbow injuries | Function impairments but no major surgery is required or the disability isn't significant. | £15,650 to £32,010 |
| Less serious leg injuries (i) | Serious soft tissue injuries or fractures with an incomplete recovery. | £17,960 to £27,760 |
| Moderate neck injury (ii) | Soft tissue, wrenching or severe disc lesion causing movement limitations. | £13,740 to £24,990 |
| Facial bones | Multiple fractures that cause permanent facial deformity. | £14,900 to £23,950 |
| Serious shoulder injuries | Restricted shoulder movement and pain from dislocation and lower brachial plexus damage. | £12,770 to £19,200 |
It’s worth noting that the figures above are only to be used as guidelines. If you seek a more accurate value of your personal injury claim, you could speak to our advisors. They are free to contact and can give you advice on what to do after an accident at work if you wish to make a claim.
No Win No Fee Accident Claims Against Employers
If you are interested in starting a claim against your employer, our panel of solicitors may be able to help. They can answer any questions you may have about the accident at work procedure in the UK and can guide you through the different areas of the claims process, such as collecting evidence.
Our panel of solicitors offer their services on a No Win No Fee basis. As such, they could offer you a Conditional Fee Agreement (CFAs). This means that you can access their services without having to pay any fees for them upfront or as the claim is ongoing. If your claim succeeds, then your solicitor will take a success fee from your compensation. If not, then you don’t pay this fee.
To learn more about what to do after an accident at work and to find out if you could be eligible to work with a solicitor from our panel, contact our team today.
Start Your Claim
Hopefully, we’ve answered the question, what are your employers’ responsibilities after an accident at work? Now, to begin your claim for an accident at work and to receive expert advice on what your employer’s responsibilities are, call Legal Helpline today for your free consultation. Alternatively, use our online claims form to reach us. If you have legitimate grounds to claim compensation, we will be happy to provide you with an excellent personal injury solicitor to take on your case, who will start working on your compensation claim right away. Call today on 0161 6969 685; we’re looking forward to hearing from you.
Where To Find Out More
- Employers Responsibilities – Responsibilities of employers for managing staff health and safety.
- Citizens Advice Bureau – Information for accidents in the workplace.
- Learn more about claiming compensation for an accident at work and find out if you could be eligible to claim with our guide.
- Advice on accidents at work caused by tiredness and fatigue. Learn more about the accident at work claims process.
- You could potentially claim compensation for slipping at work and hurting your back. Our guide offers more information on how to claim for an accident at work.
- If you’re wondering how to claim compensation for an accident at work during your probationary period, our compensation claims guide may be able to help.
- Read our guide to learn why it’s important to report accidents in the workplace and find out if you could be eligible to claim compensation.
- Find out if you can claim as a lifeguard when you’ve had an accident at work at a public swimming pool.
- If you’ve been injured by a healthcare assistant following an accident at work, you can read our guide on how you may be able to claim after such an incident.
What Are Your Employers’ Responsibilities After An Accident At Work FAQs
When an accident happens at work, what should an employer do first?
They should record the situation in the accident logbook, which includes references to any injuries suffered. It’s also possible that the employer may have to report it to the HSENI. From there, it’s about them arranging Statutory Sick Pay (SSP) for the victim during their recuperation.
Are employers responsible for any employee injuries?
Well, the employer has to create a working environment designed to prevent any workplace injuries from occurring. Therefore, any accidents that do take place should be unavoidable for various reasons. If this isn’t the case, then the employer may have to accept responsibility for the employee being hurt.
Is it the employer’s responsibility to predict when an accident will happen?
In some respects, it is. That’s because an employer has to periodically conduct risk assessments that identify any hazards within the workplace. By failing to do this, or not taking action quickly enough, they could predict the potential for a workplace accident.
What happens if an accident at work isn’t reported?
In this scenario, the employer is likely to receive a heavy fine. That’s because it is a legal requirement for them to report on all workplace accidents, regardless of severity or circumstance. So, it could be very damaging for the employer if an accident at work fails to be reported.
Guide by HE
Edited by REG
Thank you for reading our guide, which asks, “what are your employers’ responsibilities after an accident at work?”
