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PERSONAL INJURY

What happens after reporting an accident at work?

In this guide we’ll explain what happens after reporting an accident at work, including what you or those around you should do and your employer’s responsibilities. Suffering a workplace accident can feel overwhelming, but this guide will help you understand what will happen and ensure you receive the answers and support you’re entitled to.

What this guide covers:

  • Employer responsibilities
  • Seeking medical attention and preventing further harm
  • Recording the accident
  • Time limits for reporting an accident at work
  • Legal support
  • Appointing a litigation friend

Employer responsibilities after an accident at work

After an accident at work has been reported, your employer has certain responsibilities to ensure everyone’s immediate safety, to record what happened and, where necessary, to take steps to prevent similar accidents. They may also need to report the accident to specific authorities, such as the Health and Safety Executive (HSE).

In addition employers are also responsible for having Employers Liability insurance and the must comply with Health and Safety guidelines.

Key information

  • Employers with 10+ employees must record workplace accidents in an accident book
  • Employers must report accidents under RIDDOR within specified timeframes
  • Three-year time limit to start a personal injury claim

Seeking medical attention and preventing further harm

Firstly, your employer must ensure that you receive immediate medical attention, be that first aid, or professional medical help, depending on the injury. They will also need to make sure that the scene is safe and free of further risks or hazards.

If you don’t need immediate medical help, make sure to visit your doctor as soon as possible, so that your injuries can be properly assessed and treated. This will also mean your injuries are recorded in your medical records, which could provide useful evidence in the future. If circumstances allow, you photographing injuries can also support a personal injury claim.

Recording the accident in the accident book and RIDDOR

In the days following the accident, it’s a legal requirement for all employers with more than 10 employees to record an accident at work in the workplace accident book, regardless of the severity of the injury.

Depending on the circumstances, your workplace accident may need to be reported under RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations). Accidents that need reporting under RIDDOR include any death caused by a workplace accident, certain workplace injuries or diseases, or if the accident has resulted in you being away from work or unable to complete your normal role for more than 7 days in a row. The HSE provide further information on reportable incidents.

Following an accident at work, it’s also a good idea to keep your own record of the accident if you can, including details of any witnesses, and any photographs of the scene or your injuries. If you choose to make a claim later down the line, this information can support your case.

Time limits for reporting an accident at work

Your employer must report the accident at work as soon as possible and within specific legal timeframes. In most cases, this is within 10 days of the incident. In cases where the employee has been unable to work or do their usual duties for 7 consecutive days, the legal timeframe for reporting an accident at work under RIDDOR is within 15 days of the accident.

It’s worth understanding that this RIDDOR deadline is separate from your own time limit for making a personal injury claim. While your employer must report certain accidents to the HSE within 10 or 15 days, you generally have three years from the date of the accident to start a claim. If you’re unsure whether your employer met their RIDDOR obligations, or what this means for your own case, our team can check this as part of reviewing your claim.

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Legal support and gathering evidence

Once you’ve received medical help and the accident has been reported, you or your family may feel you need legal advice to understand what happens next.

After an accident at work, it’s normal to have questions about what happened, who was responsible, and how you and your family will be impacted. Speaking to a specialist solicitor early on can help you understand your options, put your mind at ease, and give you answers to some of these questions.

If you decide to make a legal claim, your solicitor will need to establish what happened and consider whether your employer or another party is legally responsible for your injuries. They will obtain evidence to support your claim, but it’s a good idea to start gathering evidence as soon as possible after the accident.

To bring a successful claim, we need to show that your employer owed you a duty of care, that they breached this duty, for example, by failing to follow proper safety procedures or provide adequate training, and that this breach caused your injury. This is why the evidence below matters: it helps us build a clear picture of what happened and whether your employer’s actions, or inaction, fell short of what the law expects.

The evidence needed will depend on the circumstances of your accident, but could include:

  • Your medical records
  • Photographs of the accident scene and your injuries
  • Witness statements from those who saw the accident
  • Relevant correspondence between you and your employer
  • Evidence of any previous safety concerns or similar incidents
Accidents can happen in any work environment, from high-risk workplaces such as building sites, to accidents caused by defective machinery, forklift accidents, inadequate training or within the office environment.
Angela Dobbs Partner, Head of Personal Injury

Appointing a Litigation Friend

In some cases, particularly those involving serious or life-changing injuries, a family member may reach out to us initially on behalf of the injured person. We can often speak with family members to discuss the circumstances and explain the potential next steps.

If you’re unable to manage a legal claim yourself, you may be able to have someone you trust appointed as your Litigation Friend. A Litigation Friend can help make decisions and provide instructions on your behalf. Your solicitor can explain whether a Litigation Friend is appropriate and what the role involves.

Rebuilding your life after injury

We understand the importance of prioritising recovery and wellbeing after an accident at work. Depending on the severity of your injury, you may need time off work, emotional support, or help managing the day-to-day impact of your injury.

Our experts understand that after a serious injury, a personal injury claim is only part of the picture. While our legal teams provide ongoing advice and progress your claim, our Rehabilitation and Wellbeing Team can provide personalised and holistic support.

Taking time off work

If your injury means you’re unable to return to work straight away, you may be entitled to contractual sick pay, depending on your employment status and contract. Statutory Sick Pay (SSP) or other financial support may also be available. Our Benefits and Welfare Adviser can explain what financial support is available while you take time to recover.

When it comes to returning to work, many people find it helpful to consult with occupational therapy following an injury. Our in-house Occupational Therapist, Gillian Webber can help assess your injuries, plan your return, and recommend workplace adjustments if needed.

Rehabilitation and emotional recovery

Julie Chorlton is our experienced Lead Rehabilitation Manager. By prioritising early rehabilitation, we can provide invaluable support to help you navigate life after injury.

Recovery can involve more than treating your physical injuries. You may also need support with your emotional wellbeing, and we can arrange access to psychological support and specialist therapies.

We have specialist knowledge in each area and understand when you suffer personal injury, the impact can be drastic, affecting health, finances, confidence, and independence. We are here to guide your through the legal process and clearly explain your options.
Angela Dobbs Partner & Head of Personal Injury

Workplace accident claims with Fletchers Solicitors

If you’ve reported an accident at work, you might have questions about what happens next, whether someone was responsible for your accident, and what support is available to you.

At Fletchers Solicitors, our personal injury specialists can help you understand your options and guide you through the claims process, while our Rehabilitation and Wellbeing Team can provide support focused on your recovery and helping you move forward.

If you’ve been injured after an accident at work, find out how we can help, get in touch with our team today.

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