Workplace Accidents: Reporting and Your Rights

Suffering an injury at work due to an accident that wasn't your fault can be a distressing experience. In many cases, employees are aware that they may be entitled to claim compensation. However, a common question that arises is: what happens if an employee doesn't report an accident or injury at work? Can they still pursue a claim for damages? This guide aims to demystify the process, answering frequently asked questions and providing essential information for employees who find themselves in this situation.

Understanding Your Employer's Duty of Care

Under the Health and Safety at Work etc. Act 1974 (HASAWA), employers owe a fundamental duty of care to their employees. This legal obligation requires employers to take all reasonably practicable steps to ensure the health, safety, and welfare of their workforce. This includes identifying hazards, implementing safety measures, providing adequate training, and maintaining a safe working environment. A breach of this duty of care, which subsequently leads to an employee's injury, is known as negligence.

What Happens if an Employee Does Not Report an Injury?

While reporting a workplace accident, whether minor or major, is always considered good practice, it is still possible to claim compensation even if you did not report the incident at the time. The crucial factor is your ability to prove that your injury was a direct result of your employer's failure to adhere to health and safety legislation. If you haven't recorded the accident in an official accident book, other forms of evidence can be used to support your claim. This can include:

• Witness Statements: If you can gather contact details of colleagues who witnessed the accident, their statements can provide valuable corroboration.
• Photographic Evidence: Documenting the scene of the accident, if possible, can be a powerful piece of evidence.
• Medical Records: Prompt medical attention and detailed records of your injuries are essential. These records will clearly outline the nature and severity of your injuries and can be linked to the accident.
• Correspondence: Any emails or written communication with your employer regarding the incident or your injury can also serve as evidence.

The absence of an immediate report does not automatically disqualify you from making a claim. However, it can sometimes make the process more complex, highlighting the importance of gathering as much supporting evidence as possible.

The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR)

RIDDOR is a set of regulations that mandate employers to report certain types of workplace incidents. The Health and Safety Executive (HSE) is the regulatory body responsible for overseeing workplace health and safety in Great Britain. Under RIDDOR, employers are legally obligated to report specific incidents, including:

Types of Reportable Incidents and Injuries:

Specified Injuries Requiring Reporting:

The list of specified injuries under RIDDOR is extensive and includes:

• An amputation.
• Broken bones or fractures (excluding toes, thumbs, or fingers, if confirmed by a doctor).
• Serious burns or scalding affecting over 10% of the body, or causing significant harm to vital organs, eyes, or the respiratory system.
• Crush injuries to the torso or head that result in internal organ or brain damage.
• Injuries sustained while working in an enclosed space, involving hypothermia or heat-induced illness, or requiring resuscitation or hospital treatment for over 24 hours.
• Injuries leading to a reduction or permanent loss of sight.
• Loss of consciousness due to asphyxia or head injury.
• Scalping that requires hospital treatment.

It is important to note that while employers have a legal obligation to report these specific incidents, there are numerous other types of workplace accidents that may not fall under RIDDOR's reporting requirements. However, it is always advisable for these incidents to be recorded in the workplace accident book.

Can You Be Fired for Not Reporting an Injury?

While failing to report an injury might seem like a breach of company policy, dismissal solely for not reporting an injury is generally unlikely and could be considered unfair, especially if the employee can demonstrate a valid reason for the delay or if the injury was minor and did not warrant immediate reporting. However, consistently failing to report accidents or injuries could be viewed as insubordination or a disregard for workplace safety procedures, which could potentially lead to disciplinary action. The severity of the consequence would likely depend on the company's specific policies, the nature of the injury, and the employee's overall conduct.

What Happens if You Can’t Work Due to Injury?

If a workplace accident renders you unable to perform your normal work duties, you may be entitled to compensation to cover lost earnings and other related expenses. This compensation can help mitigate the financial impact of your injury. The amount of compensation awarded will depend on several factors, including the severity of your injury, the impact it has on your ability to work and earn a living, and the extent of your financial losses. A personal injury solicitor can help you assess the potential value of your claim.

Time Limits for Making a Claim

As stipulated by the Limitation Act 1980, there is a general time limit of three years to start a personal injury claim. This three-year period typically begins from the date of the workplace accident. However, there are exceptions to this rule:

• Minors: If the injured party is under 18 at the time of the accident, the three-year time limit is paused until they reach their 18th birthday. A claim can be made on their behalf by a court-appointed litigation friend before this date. If no claim is made by their 18th birthday, they then have three years to initiate proceedings.
• Mental Capacity: If an individual lacks the mental capacity to make a claim themselves, the three-year time limit is indefinitely suspended. A litigation friend can make a claim on their behalf. If the individual later regains mental capacity and no claim has been made, the time limit will commence from the day of their recovery.

It is crucial to be aware of these time limits to ensure your claim is not time-barred.

Making a Claim with No Win No Fee Solicitors

Navigating a workplace accident claim, especially one where the incident wasn't initially reported, can be complex. Many individuals choose to seek professional legal assistance. No Win No Fee agreements offer a way to pursue a claim without the burden of upfront legal costs. Here's how it typically works:

The No Win No Fee Process:

1. Agreement: You will sign a No Win No Fee Agreement with a solicitor. This legally binding document outlines the terms of your agreement, including the success fee you will pay if your claim is successful.
2. Solicitor's Work: Upon signing the agreement, your solicitor will begin working on your case. This involves gathering evidence, building a strong legal argument, and negotiating with the responsible parties.
3. Success Fee: If your claim is successful and you receive a compensation payout, the solicitor will deduct their success fee from the awarded amount. This fee is legally capped and is usually a small percentage of your total compensation.
4. Your Payout: The remaining balance of the compensation is entirely yours to keep.

This arrangement ensures that you can access expert legal representation without financial risk.

Frequently Asked Questions

Q1: What if I only suffered a minor injury and didn't report it?

Even for minor injuries, it's always best practice to report them. However, if you later develop complications or the injury proves more significant than initially thought, you may still be able to claim if you can prove negligence and gather sufficient evidence.

Q2: Does my employer have to have an accident book?

While not all employers are legally required to have a physical accident book, they are obligated to have a system in place for recording workplace accidents and injuries. This could be a digital system or a designated log.

Q3: How long does a workplace accident claim take?

The duration of a workplace accident claim can vary significantly depending on the complexity of the case, the severity of the injuries, and the willingness of the parties to negotiate. Simple claims might be resolved within months, while more complex cases could take over a year.

Q4: What evidence is most important if I didn't report the accident?

The most crucial evidence includes witness statements, medical records detailing your injury and its link to the accident, and any photographic evidence of the accident scene or your injuries.

Q5: Can I claim for more than just my physical injury?

Yes, compensation can often cover various losses, including lost earnings, medical expenses, rehabilitation costs, travel expenses related to treatment, and even psychological distress caused by the accident and its aftermath.

If you have suffered an injury due to a workplace accident and are unsure about your rights, especially if the incident was not initially reported, seeking professional advice is highly recommended. Our team of advisors can provide free, tailored legal advice and connect you with a specialist solicitor if you wish to pursue a claim.