Being injured in an accident at work can be a difficult and confusing time. You may be unsure of what steps to take next or what your rights are. Knowing exactly what to do after a workplace accident is crucial for getting the help you need. This guide will cover the key things you should do following an accident at work and outline your main legal rights as an employee.
The first priority after any accident at work is to inform your employer and make sure it is properly recorded. All employers are legally required to have an accident book available for staff to report incidents. As soon as possible after the accident, clearly write down details of what happened and any injuries sustained in the accident book. Make sure to preserve any available CCTV or similar evidence capturing the incident. Reporting accidents is a legal duty under health and safety regulations, and your employer has obligations to report certain serious workplace accidents, occupational diseases, and dangerous occurrences to the Health and Safety Executive (HSE).
Key Takeaways
- Inform your employer and properly record the accident details
- Preserve any available evidence like CCTV footage
- Understand your legal rights as an employee after a workplace accident
- Seek medical attention for any injuries sustained
- Be aware of your entitlements, such as sick pay and compensation
Reporting the Workplace Accident
After any accident at work, the first crucial step is to inform your employer and ensure the incident is properly recorded. All employers are legally required to have an accident book available for staff to report workplace accident reporting. As soon as possible after the accident, clearly write down details of what happened and any injuries sustained in the accident book.
Furthermore, you should preserve any available evidence that could help document the accident reporting requirements. See whether CCTV or similar evidence capturing the incident is available and, if so, ask for it to be preserved. Reporting accidents is a legal duty under health and safety regulations, and your employer has obligations to report certain serious workplace accidents, occupational diseases, and dangerous occurrences to the Health and Safety Executive (HSE).
Informing Your Employer
Notify your employer immediately after the accident and ensure the incident is properly documented in the company’s accident book. This creates an official record of the event and your injuries.
Recording Accident Details
As soon as possible, clearly write down in the accident book a detailed account of what happened, including the date, time, location, and nature of your injuries. Provide as much information as you can to create a comprehensive record.
Preserving Evidence
If there is CCTV footage, photographs, or other evidence that could help document the accident, request that your employer preserves this material. This will be crucial if you later need to file a compensation claim.
Seeking Medical Attention
After notifying your employer, your next step should be to access medical assistance for any workplace injury medical treatment required. Immediately call for a trained accessing first aid provider, if available on-site. In more serious accident cases, call 999 for emergency help or visit the local Accident & Emergency department. Make sure you receive appropriate professional medical assessment and treatment for any physical and/or psychological injury caused by the accident. This could include attending your GP, getting referred to specialists, or having a course of physiotherapy.
Accessing First Aid
If a trained first aider is present at your workplace, they should be immediately summoned to provide initial accessing first aid for any injuries sustained. Prompt first aid can help stabilize the situation and prevent further harm.
Obtaining Professional Medical Assessment
Regardless of the severity, it’s crucial to undergo a thorough professional medical assessment to identify the full extent of any injuries, both physical and psychological. This may involve seeing your GP, visiting a specialist, or undergoing diagnostic tests to ensure appropriate treatment is provided.
Keeping Records of Medical Expenses
Your employer may be legally responsible for covering the recording medical expenses incurred as a result of an accident at work. Be sure to keep detailed receipts for any treatment, medication purchases, or medical certificates related to your recovery.
Protecting Your Rights After an Injury
As an employee, you have several important rights that are protected by law if you sustain an injury at work. Knowing and exercising these rights is crucial for ensuring you receive the support, compensation, and fair treatment you’re entitled to.
The Right to Record Accident Details
Your first step after an accident should be to record the incident details in your employer’s accident book. This creates an official record of what happened and the injuries sustained, which can be vital evidence if you later need to file a compensation claim.
The Right to Receive Medical Assistance
You have the right to receive first aid or other appropriate medical attention for your injuries, either from a trained workplace first aider or by going to the hospital’s Accident & Emergency department if required. Your employer has a duty of care to ensure you get the necessary medical treatment.
The Right to Sick Pay
If you need to take time off work to recover from your injuries, you are entitled to receive Statutory Sick Pay (SSP) and may also be eligible for enhanced contractual sick pay from your employer, depending on your employment terms.
The Right to Report Safety Concerns
As an employee, you have the right and responsibility to report any workplace safety issues or hazards that you believe may have contributed to your accident. Your employer has a legal duty to investigate and address any concerns raised.
The Right to File for Compensation
If your accident was caused by your employer’s negligence or a failure to maintain a safe working environment, you have the right to pursue a personal injury claim for compensation. A solicitor can advise you on the merits of your case.
The Right to Join a Trade Union
Joining a trade union can provide valuable advice and support if you need to take action following a workplace accident and injury. Trade unions can help ensure your employment rights are upheld.
The Right to Request Reasonable Adjustments
If your injury results in a long-term disability, your employer has a legal duty to make any necessary reasonable adjustments to accommodate your needs and facilitate your safe return to work.
Understanding Your Sick Pay Entitlements
If you have an accident at work, you are entitled to Statutory Sick Pay (SSP) – subject to eligibility – if you need to take time off work for four or more days (including non-working days) in a row. This currently pays £109.40 per week for up to 28 weeks. You may also be entitled to contractual sick pay, as outlined in your contract of employment.
Statutory Sick Pay
Statutory Sick Pay (SSP) provides a minimum level of income replacement if you are unable to work due to a workplace injury or illness. Eligibility criteria apply, but this can help cover some of your lost earnings while you focus on recovering medical expenses and your workplace injury sick leave.
Contractual Sick Pay
Many employers offer more generous contractual sick pay schemes that match or contribute a greater amount towards your full normal pay for a certain period. This is defined in your employment contract, so be sure to review the details of what you are entitled to receive.
Recovering Medical Expenses
Additionally, you may be able to recover related medical costs from your employer, such as the cost of medication, physiotherapy or specialist medical appointments. Be sure to keep receipts for any expenses incurred due to your workplace injury.
Reporting Safety Concerns
As an employee, you have a responsibility to help maintain health and safety at work. If you believe an accident was caused by issues like dangerous equipment, hazardous working conditions, or lack of training, you should officially report these concerns to your employer. Your employer has a duty to assess risks and eliminate workplace hazards. If your report is ignored, and an accident occurs as a consequence, this could amount to negligence and give grounds for a personal injury claim against your employer. Obtain supporting evidence from witnesses if possible and keep records of all safety reports made and concerns raised.
Employer’s Duty to Assess Risks
By law, your employer has a responsibility to assess and address any potential risks in the workplace. This includes identifying and mitigating hazards that could lead to accidents or injuries. If your employer fails to uphold this duty and an accident occurs as a result, you may have a valid case for a personal injury claim.
Grounds for Personal Injury Claim
If your employer has ignored your reported safety concerns, and an accident subsequently happens that causes you harm, this could provide grounds for a personal injury claim. Careful documentation of all safety reports and evidence of your employer’s negligence will be crucial in building a strong case. An experienced personal injury lawyer can assess the specifics of your situation and advise on the next steps.
Pursuing a Personal Injury Claim
Yes, you can make a personal injury claim for compensation if you have an accident that was caused by your employer’s negligence, the negligence of another employee (in respect of whose acts your employer is legally responsible), a lack of safety measures, or a workplace hazard that an employer failed to identify and rectify, prevent or control. An experienced personal injury solicitor can help determine fault and whether you have valid grounds to bring such a claim.
Determining Fault and Grounds for Claim
If, after an initial assessment, you decide you want to make a claim for compensation, you should take legal advice as soon as possible and notify your employer at the same time. For workplace injuries, there is generally a 3-year time limit on personal injury claims.
Time Limits for Filing a Claim
Notifying your employer that you plan to pursue a claim means the evidence and details surrounding the accident are more likely to be preserved, which can help build a stronger case. It is advisable to contact a qualified personal injury solicitor as soon as you can after an accident at work to discuss your situation.
Notifying Your Employer
Notifying your employer that you plan to pursue a claim means the evidence and details surrounding the accident are more likely to be preserved, which can help build a stronger case. It is advisable to contact a qualified personal injury solicitor as soon as you can after an accident at work to discuss your situation.
Seeking Legal Representation
It is advisable to contact a qualified personal injury solicitor as soon as you can after an accident at work to discuss your situation. They can help determine fault and whether you have valid grounds to bring such a claim.
Protecting Your Rights After an Injury
Knowing your rights and promptly taking the appropriate action after an accident is essential for getting back on track. Report what happened, focus on recovery, and seek expert assistance to claim the compensation that you are legally entitled to. With determination and the right support, you can overcome most workplace injuries and return to your job again.
The key is to be proactive in protecting your rights. This includes informing your employer, documenting the incident, accessing medical care, and, if necessary, pursuing a personal injury claim. By taking these steps, you can ensure you receive the support and benefits you deserve during the recovery process.
Remember, your employer has a duty of care to provide a safe work environment. If the accident was caused by their negligence, you may have grounds for a compensation claim. An experienced personal injury lawyer can assess your case and guide you through the process.
Stay focused on your recovery, but don’t hesitate to advocate for your rights. With the right approach, you can overcome this setback and get back to work, stronger and more determined than ever.
Returning to Work After an Injury
Maintaining open communication with your employer is crucial after a workplace injury. Keep them informed about your recovery progress and any changes to your capabilities, so they can prepare for your return. Your employer has a legal duty under the Equality Act 2010 to make reasonable adjustments to accommodate your needs if you are disabled or injured, and to assist in facilitating a successful return to work.
Reasonable Adjustments
Reasonable adjustments may involve changes to your working hours, providing specialized equipment, offering a phased return, or arranging retraining. Your employer must take proactive steps to ensure you are appropriately supported back into the workplace. Maintaining a good relationship based on openness and cooperation is key to a smooth and successful return to work after a workplace injury.
Facilitating a Successful Return
With your employer’s willingness to make reasonable adjustments and your own open communication, you can navigate the transition back to your job following a workplace injury. This collaborative approach helps ensure you are able to return to work safely and effectively, benefiting both you and your employer. By working together, you can overcome the challenges and get your career back on track.
Taking Prompt Action After an Accident
Knowing exactly what to do after a workplace accident is crucial for getting the help you need. The first priority is to inform your employer and make sure the incident is properly recorded. Accessing prompt medical attention for any injuries sustained is also essential.
With determination and the right support, you can overcome most workplace injuries and successfully return to your job. By taking these proactive steps, you can protect your rights, ensure you receive the necessary care and compensation, and pave the way for a smooth recovery and reintegration into the workplace.
FAQs About Protecting Rights Post-Injury
As you navigate the aftermath of a workplace accident, it’s natural to have questions about your legal rights and entitlements. Let’s address some of the most common concerns:
Will I Receive Full Pay If I Have Had An Accident At Work?
You may be eligible to receive Statutory Sick Pay (SSP) of £109.40 per week. Some employers offer more generous enhanced contractual sick pay schemes that match or contribute a greater amount towards your full normal pay for a certain period. Check your employment contract to see if this is offered.
Can I Be Lawfully Dismissed After An Accident At Work?
While it is possible to be lawfully dismissed after an accident at work, employees have considerable legal protection if the dismissal seems linked to the incident and any resulting injury or disability. Dismissal on the grounds of illness or injury is generally prohibited and could be discriminatory under the Equality Act 2010. However, employers can potentially fairly dismiss for other reasons and if following a fair process. Prompt specialist legal advice is recommended if dismissal appears unjustified or connected to an accident, injury and/or disability in order to determine if your employment rights have been breached.
Conclusion
Navigating the aftermath of a workplace accident can be daunting, but by understanding your legal rights and taking prompt action, you can pave the way for a successful recovery and return to your job. The key is to report the incident, seek medical attention, and explore your options for compensation and support.
With determination and the guidance of experienced professionals, you can overcome the challenges posed by a workplace injury. Maintain open communication with your employer, advocate for reasonable accommodations, and leverage the resources available to you. By doing so, you can not only protect your wellbeing but also safeguard your career and financial stability.
Remember, you have the right to a safe and supportive work environment. Embrace the tools and assistance at your disposal, and take the necessary steps to ensure your rights are upheld. With the right approach, you can emerge from this experience stronger and better equipped to navigate the future.
FAQ
What should I do after a workplace accident?
What are my legal rights after a workplace accident?
Am I entitled to sick pay if I have an accident at work?
Can I be dismissed after an accident at work?
How do I pursue a personal injury claim for a workplace accident?
Source Links
- https://tvedwards.com/news-and-blogs/blogs/i-had-an-accident-at-work-what-are-my-rights-a-guide/
- https://www.trollingerlaw.com/workers-compensation-lawyer/employee-rights/
- https://www.nolo.com/legal-encyclopedia/i-was-injured-work-what-my-legal-rights.html