How to report an accident at work

Is an accident book a legal requirement?

The law does not explicitly state that your employer needs to keep an accident book, though it is the law that any business with 10 or more employees must have a means for recording the details of any accident that results in injury. These details must also be kept for three years.

Keeping an accident book is often the easiest way to keep such records, so most workplaces will have one. There are accident books available for purchase, including the HSE’s own official book, the BL510, though your employer can also create their own provided the right information is collected and stored according to data protection regulations.

When an accident has happened, the information recorded should include:

• The name, address and occupation of the person injured
• The name, address and occupation of the person recording the details of the accident
• Where and when the accident occurred
• How the accident occurred and any injury suffered

Who is responsible for filling in an accident book?

Anyone can complete the accident report, though this should be checked and signed by one of your employer’s qualified first aiders. It is often best practice for the injured party to fill out the form, where possible, as they will be able to provide the most accurate information about the accident and injury.

Ultimately, the responsibility of ensuring the accident book is filled out lies with your employer. It is their duty to ensure that staff members are aware of the accident book, where it is kept, and how to complete a report. Doing so can not only help ensure all relevant accidents are reported to the HSE under RIDDOR, but it can also help provide evidence of the accident if the injured party decides to make a personal injury claim.

What is RIDDOR reporting?

A RIDDOR report (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013) can only be submitted by what the HSE term: “responsible persons.” These include employers, the self-employed, and people in control of work premises. RIDDOR reports must be submitted for most types of work accidents, including:

• accidents resulting in the death of any person
• accidents resulting in specified injuries to workers
• non-fatal accidents requiring hospital treatment to non-workers
• dangerous occurrences

You may think that this report might not be as accurate as a note made by the injured person themselves because the employer may have the prospect of facing a claim in mind; but a RIDDOR report can be a very helpful piece of evidence.

What happens if an accident report is not made?

Firstly – and especially in the case of more severe injury or illness – it is a legal requirement for all businesses (even self-employed people) to report accidents under RIDDOR.

There are some cases, however, where a report may not be logged in an accident book. While these reports can be helpful if you decide to make an injury claim, a lack of report does not mean a claim would be unsuccessful.

The answer is usually found in medical records as both your GP and hospital staff should make a note of how any workplace injury you suffered was caused.

A note from a medical practitioner in the treatment records will typically carry significant weight with a judge because it will have been prepared shortly after the accident when your memory of events was still fresh.

If you work in a place where no accident book exists or such a book is buried at the bottom of a cupboard, you can still find evidence in the RIDDOR report. By law, your employer has to complete and send this to the Health and Safety Executive (HSE) if you are absent from work for three or more days.

What about witnesses?

Work colleagues are not always as helpful as you might think. An injured person will usually find that a work colleague is perfectly keen to help and rally round to help you get back on your feet following an accident, but that enthusiasm can easily wear off when they face the prospect of signing a statement prepared by a solicitor.

It’s not surprising that many people are concerned about how their employer will react to them assisting in a claim against the company. Although there are laws to protect employees against being victimised by employers, when it comes to the crunch, the witness you may have thought would be there to help may actually go quiet when asked to sign a statement for proceedings.

Our work accident experts at Slater and Gordon will investigate your accident by speaking to witnesses and taking statements. But if they do not want to cooperate, it isn’t always a problem.

If you are unfortunate enough to find yourself injured at work, ask if you can complete the accident book yourself. Your employer may not have one or it may not be immediately available, but if that is the case, then you should make a note in your diary or send a text message or email to a partner, friend or family member setting out exactly what happened to you. In addition, maybe you could make an audio or video recording using your mobile phone if you find that easier.

How we can help

It’s never too early to think about instructing a work accident expert to help you. While the events are still fresh in your mind, you can speak to your lawyer who will make detailed notes and prepare a statement for you.

Slater and Gordon have a specialist team of personal injury lawyers who deal with accident at work claims on a no win no fee basis. For a free consultation call 0330 041 5869 or contact us online and we’ll be happy to help you.

*All information was correct at the time of publication.