Accidents at Work

An employer has a duty to keep their employees safe from harm whilst they are at work. 

There are a number of regulations relating to Health & Safety at Work which an employer has to follow in order to comply with their obligations. 

As part of this, there is an obligation to make sure that their employees are suitably trained for their role, that the risks of any job have been thoroughly assessed and that any employee is provided with suitable personal protective equipment. 

If an employer has negligently failed to meet their obligations and harm, loss, damage and injury have been caused as a consequence of that negligent failure, they could be liable to pay compensation.

Anyone that has suffered harm, loss, damage and/or personal injury because of their employer’s negligence and/or breach of their statutory duty is able to make a claim for general damages (pain, suffering and loss of amenity) to compensate for the injuries sustained. They are also able to bring a claim for special damages (past, present and future losses and expenses) such as lost earnings, financial loss such as the cost of any prescription medication or the cost of transport to and from any hospital appointments, any property damage in the accident along with any possible claim for any gratuitous care offered to while recovering from any injuries. 

The Health and Safety Executive (HSE) is the national regulator for workplace health and safety in Britain. 

The Health and Safety Executive reports that in 2020/2021:

• 470,000workers suffering from a work-related musculoskeletal disorder;
• 123workers killed at work (2021/22);
• 441,000working people sustained an injury at work according to the Labour Force Survey; and
• 51,211injuries to employees reported under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR).

Source: https://www.hse.gov.uk/statistics/

In 2018/2019, the total cost of workplace self-reported injuries was £5.6 billion.

Source: https://www.hse.gov.uk/statistics/cost.htm

Steps to take following an injury following an accident at work:

1. Treatment for your injury –The priority for anyone that has suffered an injury in any circumstances should be their own well-being. Following an accident at work, you should receive treatment from the first-aider. Any employer is legally required to have an accessible first aid kit and a designated first aider. You should also seek a full assessment of your injuries by a suitably qualified medical practitioner. Depending on the severity of the injury sustained, this would be your General Practitioner or at your local Accident and Emergency department.
2. Report the accident to your colleagues – If you were working alone at the time of your accident at work, ensure your work colleagues and employer are made aware of the incident and follow your employer’s workplace accident reporting procedures such as completing the accident book entry. If you have suffered a serious accident at work, your employer is legally required to report the accident to the Health and Safety Executive. Even if you consider that you were at fault and caused the accident, this does not mean your employer is not legally at fault for the accident. Legal liability for any accident can be addressed as part of the accident investigations and compliance with Personal Injury Protocols for an accident in the workplace.
3. Take photos and video evidence – It can be very helpful and often very important to obtain as much evidence as possible showing the accident location and any equipment, plant or machinery involved and evidence of visible injuries sustained. Make a statement of how the accident happened, a written account of how the accident happened in your own words will be more reliable if written down at the earliest possible opportunity following your accident as over time memories of detail fade and can be seen to be less reliable.
4. Keep a diary entry of all your symptoms – It is very important to keep a diary of symptoms suffered and appointments attended including issues discussed or treatment given at any appointments. It also helps to record details of any and all expenses/losses experienced as a consequence of the accident/injury.
5. Go to your GP and/or hospital – If your symptoms and suffering are not resolving as expected, we recommend that you keep attending your GP and/or hospital as appropriate so that any accident relates symptoms and suffering can be monitored and treated as necessary.

Factors that are more likely to cause an accident at work include but are not limited to:

• Poor/dangerous working practices
• Negligent fellow employees
• Inadequate personal protective equipment (PPE)
• Inadequate risk assessments
• Failure to clean up spillages in good time
• Inadequate or poorly enforced safety procedures
• Poorly maintained equipment

Common types of workplace accidents and injuries have been identified, including the following:

• Slips, trips and falls from height
• Injury while lifting and/or handling objects
• Hit by falling objects
• Injury caused by moving machinery
• Impact with a stationary object

If you have any further queries or concerns, don’t hesitate to contact our Personal Injury team on 01302 341414 or 0114 272 1884 or fill out our online enquiry form.

We have further articles on our website relating to Personal Injury, here are two that you may find helpful:

1. 6 tips: Bringing a Personal Injury Claim 
2. What are my rights if I have an accident at work?