Employers have a duty to care for the wellbeing of everyone they employ and are responsible for taking measures to minimise the risk of workplace accidents and injuries. This isn't optional, it's a legal obligation, and it extends not only to employees but also to contractors, agency workers and visitors to the premises. The Health and Safety at Work etc. Act 1974 (HSWA) outlines the general duties that employers have to their employees and others affected by workplace activities:

• Providing appropriate health and safety training: employees must be trained on how to carry out their work safely, with a full understanding of any workplace risks.
• Providing personal protective equipment (PPE): you must be supplied with PPE like hard hats, gloves, safety glasses, high-vis clothing, and protective footwear where necessary.
• Regular maintenance: employers must have a regular inspection rota in place to make sure machinery and equipment is working properly.
• Conduct risk assessments: workplace hazards must be identified, with appropriate measures taken to mitigate them.
• Displaying hazard warning signs: clear warnings, such as ‘wet floor’ signs, must be easily visible, with dangers cleaned up or removed as soon as possible.

If an employer fails to meet their obligations under the HSWA, they are potentially risking the health of their employees. In these cases, the Health and Safety Executive (HSE) has the authority to take enforcement action. This could involve issuing improvement or prohibition notices, imposing substantial fines, or, in severe cases, pursuing a criminal prosecution.

What should my employer do if I have an accident at work?

If you suffer an accident at work, you should report it to your employer as soon as possible. They have a duty to provide immediate assistance and make sure you receive appropriate medical attention. Depending on the nature of the injury, this might involve the first aider providing support, or an ambulance being called out.

Employers must also document all workplace accidents in the company accident book to maintain records and comply with health and safety regulations. This is a legal requirement and provides an official record that may be useful, should you wish to make a workplace injury claim in the future. Having a detailed record of the incident means there is an objective account of what happened that can be used as evidence if required. The accident book entry must include:

• Name and contact details of the injured employee
• Name and contact details of the person reporting the accident
• Date, time and location of the accident
• Description of the accident and how it happened
• Details of any injuries sustained
• Whether first aid was administered or further medical treatment was needed
• Any faulty equipment or hazardous conditions that contributed to the accident
• Evidence such as CCTV footage or photographs of where the accident happened.

Documenting a workplace accident properly isn't just about ticking legal boxes. It helps establish accountability and makes sure that necessary changes can be made to address health and safety issues.

What is a RIDDOR report, and when does my employer need to submit one?

Under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR), employers, self-employed individuals and those responsible for workplace premises must report certain types of workplace accidents and incidents to the HSE. This applies in cases of:

• Death due to a workplace accident.
• Incapacitation from work, if an injured employee cannot work for seven or more days.
• Specific serious injuries. The HSE provides a comprehensive list of reportable injuries, including amputations, blindness or sight damage, bone fractures (excluding fingers, thumbs, or toes), brain damage, organ damage and severe burns covering more than 10% of the body.

Failure to comply with health and safety regulations can result in legal consequences for employers. If you believe that your employer has failed in their duty to protect you, there are legal options open to you too - including the right to make a personal injury claim.

Employee rights after a workplace accident

If you've been injured at work, you have legal rights that will protect you throughout the process of reporting the incident, recovering from your injuries and pursuing compensation. If an accident is caused by an employer’s negligence, employees have the right to make a compensation claim without fear of dismissal or discrimination. Employers cannot take adverse action against employees for making a workplace injury claim.

When you return to work after an injury, you have the right to return to the same position, with reasonable adjustments made to accommodate your recovery.

When can you claim compensation for a workplace injury?

If your employer was at fault, and this caused your accident, you may have grounds for a personal injury claim. Compensation can cover your loss of earnings while you were on statutory sick pay, medical expenses, and other costs relating to the physical and emotional pain you have endured. To help strengthen your claim, you should:

• Report the accident immediately: make sure the injury has been fully documented in the accident book.
• Seek medical attention: even if your injuries seem minor, you should still visit a doctor. They can assess you for any underlying injuries that may otherwise have been missed. This will also create a medical record too.
• Gather evidence: take photographs, obtain witness contact details and request any medical reports.
• Consult legal advice: a workplace injury solicitor will help you gather evidence, and pursue compensation on your behalf.

Have you suffered an injury at work that you believe was caused by your employer failing in their duty of care? Switalskis expert accident at work claim solicitors can help you seek the compensation you deserve on a no win, no fee basis. Call us for a free consultation on 0800 138 0458 or reach us via our website.