What Are Employer Responsibilities To Injured Staff After A Work Accident?

By Ian Morris | Updated August 7th, 2023

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Every employer has responsibilities to follow after an injury or accident at work. Whether this in the workplace or out on site, your employer should take the necessary steps to ensure that you are working in a safe environment. Health and safety laws are there to be followed to avoid accidents or injuries. If an employer does not have proper procedures in place or otherwise fails in their duty of care, they can be sued by injured employees.

Whilst some accidents can not be foreseen or prevented, the majority tend to involve scenarios that could and should have been avoided. Accidents at work happen when corners are cut, adequate risk assessments are not made, when staff members are not suitably trained and equipped. This can sometimes be the fault of the employee but it can also be the fault of the employer. The government has a number of health and safety guidelines that must be followed and it is an employer’s legal obligation to ensure that these guidelines are implemented. If they haven’t been, then your employer is breaching their responsibilities.

If this is the case, an injured employee has the right to make a work injury claim. This would be paid by the employer’s liability insurance.

Employer responsibilities after an accident at work

Employers have responsibilities when one of their staff members is injured in an accident at work. Regardless of the accident specifics or severity of injury, all employers should have a pre-planned policy that is published, known of by key staff members and put in to place whenever the worst happens. It doesn’t matter if the accident seems innocuous – like a slip on a wet floor or if there is a very serious accident when staff members suffer critical injuries, the way a company handles accidents should always be the same.

Good employers will deal with accidents in a professional and effective manner. They will record details of an accident in their accident book, report it to the HSE if required, and not stand in their employees way should they need to make a claim for compensation. Bad employers will be less helpful, they may try to prevent access to the accident book and be obstructive towards staff who are injured, perhaps even threatening them with the sack.

Accident reporting

Employers must ensure the details of any incident, no matter how minor, are recorded within an accident book or accident recording system. In cases of serious injury or even death, there are additional responsibilities on an employer where the ‘Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013′ requirements become mandatory. This process is known as RIDDOR and ALL employers must adhere to the requirements to avoid serious breaches of health and safety law. Indeed, it may be a criminal matter if company managers and senior staff to fail to comply with the requirements of RIDDOR. All accidents at work must be reported to RIDDOR where the injured employee is caused to be away from work, or left unable to work as normal, for seven consecutive days or more because of the injuries that they have sustained. The report must be made within 15 days of the accident to the Incident Contact Centre of the Health and Safety Executive.

Paying sick pay

It is important for employers to take an accident seriously, giving an employee all the support needed to get back on their feet. Employees may need to take time off to recuperate from their injuries so adequate relief measures should be discussed. Not all employees will receive full pay if on sick leave from work, however, all employees are entitled to Statutory Sick Pay (SSP) if they do not get full sickness pay. If a successful compensation claim is made, the employee should be able to recover their lost wages.

Offering light duties

If the employee’s usual work involves aspects of hard physical labour such as heavy lifting, carrying, climbing or standing for long periods, the employer is duty bound to accommodate returning to work on lighter duties (if they exist) whilst recovering. For example, it could be that a back injury will prevent heavy lifting. Therefore, placing the employee in an office for a few weeks on lighter duties means they can return to work and continue to earn their usual salary. This change in duty can apply to psychological injuries, such as stress, as well as physical injuries – removing the situation causing the problem can often help.

What you should do if you are injured at work

All employees have rights if they’re injured at work, even agency staff or temps. If you have suffered an injury because of employer negligence you will be entitled to claim compensation. To do this successfully you need to prove the employer is liable, and this takes evidence. Which is why, along with medical reports, a true report of the accident is so important.

If your employer is taking no responsibility for the injuries you sustained, they may not even let you see or use the accident book to make a report. If this is the case you should speak to a solicitor sooner rather than later.

Claiming compensation after an accident at work is not a great outcome for either the injured employee or the employer. Although a successful claim can see an employee recover their losses and receive compensation for their injuries, all claimants would rather that they had never had their accident in the first place. Most will have concerns about making a claim and whether it will affect their employer or job if they do. This fear can be played upon, and we understand that you may be placed under pressure by your employer NOT to pursue a claim for personal injury compensation. However, it is illegal to imply redundancy or the sack will follow if a claim is made, whether by threats or other pressure, and any employer doing so could face additional legal action on that as well.

Clearly, the decision as to whether or not to pursue a claim rests with the injured employee. If the injuries are minor, will cause no long-term problems, and the employee can still work and therefore not lose wages after an accident at work, they may well decide that they do not wish to pursue a claim for compensation. However, where the injuries are more serious and an inability to work follows, making a claim for compensation really is the only option, and a right, for most people.

It’s usually really quick for us to find out if you have a valid claim, just leave a question below or call us on 01225 430285, or we can call you back.

210 questions have been answered on this subject - ask us your question

Comments & Questions

Read on for questions and advice about claiming...

I work for a major UK DIY chain. I injured my back at work lifting 20 heavy boxes of floor tiles. There were two of us lifting and moving them but i was then left to lift them on my own. I felt a huge jar in my back and pain but thought nothing more as i had nearly completed the task. I got home and felt in discomfort and could not move well. The following day was worse and the following day my doctor called an ambulance and i was taken to hospital. I informed my employers every step of the way and requested it be entered into the accident book. I stayed in hospital for a week and after an MRI was diagnosed with lower back deterioration (spinal stenosis) and a slipped disc. I returned to work later with a fit to return with no heavy lifting this after a lumber injection. This was largely adhered too but at times due to store requirements i was required to move manoeuvre heavy items on my own. I have subsequently taken out a grievance and requested all copies of my return to work interviews / doctors fit notes / riddor report etc and also for bullying as i felt i was placed into positions where i felt it impossible to say no or refuse to help or do as requested by a manager.
I am now in contact with H/R having reported everything through them now and await my grievance hearing. However i am now being pressured to return to work only 5 weeks after major surgery and still under intense physio treatment and unable to fully bend and still in pain.
I have advised that i will return to work only when 100% fully fit and not on light duties as i do not wish to be placed into the same positions that resulted in my urgent operation.
I get the distinct feeling they now will consider my sickness periods and use this against me.

In terms of your injury, there are questions to be asked of your employer in terms of whether the lifting you were expected to do was being done safely, whether you had been given the appropriate manual handling training, adequate assistance and equipment. With this in mind, you may well wish to exercise your right to pursue a No Win No Fee claim for compensation.

In terms of your fitness to work, you are taking the right approach in making sure that you have healed properly before returning to your duties. You could discuss the potential for a short term change to a non lifting role within the store – perhaps on the checkouts or similar, that would enable you to return to work safely during the rest of your convalescence. However, if such options are not available and your Doctor continues to sign you off, you should remain away from work. Should your employers start taking concerning action towards your employment and absences due to your injuries, please liaise with us – one of our specialist Solicitor partners has an excellent employment law department and if you need advice on that issue, we can assist you.

You’re welcome!

After an accident at work I got a verbal warning for excessive time off. My employer uses the bradford scale. My doctor is sending me for a ultra sound scan. I work as a care assistant and the accident happened when manoeuvring a resident..

If your employer has failed to provide you with the appropriate training to lift and move residents within the care home safely, or if they have failed to provide the appropriate lifting equipment or sufficient staffing help and you sustain injury as a result, you have a right to make a claim against the employer for the injury you have sustained.

Hi I injured my finger at work and my wrist, I told my employer but he hasn’t wrote it in accident book. I snapped my finger and tore it and chipped a bone in it. I went to hospital. I told my employer it had to be kept straight for 6 weeks and could he give me lighter duties at work, but I just ended up doing same work and my finger hasn’t healed.

How did you injure your finger? You may well have valid grounds to make a claim for finger injury compensation and the lack of an accident book entry should not stop you from pursuing a claim.

On my first day at work I slipped on hay & several boxes on the floor. I fractured my right wrist & broke my right elbow. Several weeks now I can’t straighten my arm. I am limited to the use of my arm. I can still use my arm but it is very limited. Nothing has been reported in an accident book. Which I have asked a couple of times about and always just been told ‘yes we are dealing with it’.

Since my accident I went back to work because I didn’t want to lose my job, so I’m managing with a disability.

What is my position at this point? All has been recorded at Gloucester hospital. Where do I go from here?

Your employer should have recorded the details in the accident book and the fact that they appear to have yet to have done so is a minor concern. I would recommend that you make your own report of the incident and injuries in writing and send a copy of that to the employer.

In terms of your rights to pursue a claim for compensation, it does not matter whether you have worked for the employer for 10 minutes or 10 years, you have a right to pursue a claim against their insurance for personal injury compensation should the injuries be the fault of the employer or other staff. In this case, it would seem that you were injured by an accident waiting to happen and my initial view is that you probably have a valid right to make a claim for the seemingly permanent injury to your right arm.

On Saturday I got injured at work. My injuries were bad and I reported it to the senior and depot manager on duty that day. I was not given the option of going to A&E that day by my employer. I was in serious pain the following day, only to find that my manager had not reported the injuries and accident to riddor.

Do you know if it was a RIDDOR reportable accident? If so, you could contact them yourself.

In terms of your accident and injuries, please explain what happened so that we can advise further about a potential claim for compensation.

I was injured at work in2017 on a train and sustained life changing injuries, I took it to a solicitor but it went nowhere, I also was bullied by my manager and staff whom made my life hell, I recently found out the train guard failed to put in an accident report, the video footage was erased, I feel so let down by a huge company, I know the 3 years are up but is there anything I can do to make the company aware of what happened, a huge cover up, even the MD failed to acknowledge my letters many thanks karen, ps I work in Scotland

In terms of personal injury, it is nigh on impossible to now do anything due to the fact that more than 3 years have passed since the accident. However, you could try to get the story brought to the attention of the public by getting it reported in the news media and then take it further with the railway company?

While performing my everyday duties I entered the plant room at work to monitor pipes /boiler that has being leaking for over a year. This issue has been reported regularly to the employer via emails, in pictures & video. On occasion water has been leaking onto live electrical equipment and this has also been videoed and the employer has been advised of the risks of water and electricity by email – but my concerns have been ignored.

The leak was quite bad recently and I proceeded to climb a fixed ladder in the plant room walking through the flooded area (the water was approximately an inch deep) to see if I could get a better view of where the water was coming from. When I was about to step off the ladder onto the next level my foot slipped and I fell approximately two metres before I was able to grab one of the rungs and break my fall.

In my opinion the rungs were slippery (possibly due to mould but not sure) from the dampness in the room along with my boots being wet. No footwear is supplied by the employer or training for working at height.

I have been off work for a number of months with shoulder, neck and back injuries and I’ve had an MRI which shows rotator cuff damage to the shoulder.

Would I have a case for neglience against my employer?

The injuries you have sustained appear to be easily linked to employer negligence and as such, our specialist Solicitors would be happy to pursue this matter on a No Win No Fee basis.

You appear to have given your employer every opportunity to reduce the risk of injury to you as you have reported the issue – both in writing and with images, yet the employer has ignored that and allowed a known risk to health to remain present in the workplace. Further, the employer has not provided you with the correct training or guidance to minimise the risk of injury whilst at work. This indicates that the employer has failed in their obligation to provide a safe working environment and that they are at fault for your injuries. As such, you should therefore pursue a claim.

Hi Ian I work on a membrane machine and on the 2nd of April one of my work colleagues trapped his hand and was taken to hospital by ambulance. The next day I was due to go in to work but I felt it was not safe so I told the site manager I would not be going into work until we have a safety certificate to say it is safe to use. We have a Health and safety officer at work and he fixed it and says it is fit to use. Does he need a safety certificate to say it is fit to use and am I within my rights to refuse to go in until they have one?

So long as the employer has given you assurances that the machine has been checked and ‘signed off’ as safe, you should be fine to attend work. Your employer should be happy to show you a report from the Health and Safety operative who has confirmed that the machine is safe.

I had a fall from height recently at work and it looks like there’s a good chance I’ll be sacked next week over it.
I was called by the weighbridge (not my dept) to assist a new driver in loading a tanker, I preceded to get up on top of the tanker but the guard rail was blocking the hatch thats used to fill the tank, I pulled it backwards (completely misjudging how near the back of the tank was) and slipped off the back of the tank. My knee was painful after about an hour and remained sore for the next few days, a week later and I’m in pain using stairs and kneeling down is really painful.
I have since learned that there is a pole in the outload to move the guard into position prior to the tanker coming into the outload.
In the investigation hearing I was asked if I’d had training for the task to which I replied I’d never been physically shown but whether or not I’ve signed something I’m not sure, she proceeded to show me a training record for 2016 that I had read to me and I’d signed.
I need to point out this is a very infrequent task and that all of the other operatives that are asked to do it also can’t remember doing the “training” or the correct procedure….so much so that everyone has been told to refuse to do it until retrained.
In my opinion the training isn’t adequate for such an infrequent task.
They have pulled all my training records (working at hight, slips/trips/falls, etc) to basically tell me Im adequately trained but I’m not convinced.
Baring in mind I have worked there for 16 years with an unblemished record do they have grounds for dismissal and would I be wasting my time with a claim?

Although we are not employment law experts, I do not foresee a reason for your employer to dismiss you for the injury you have had at work and your conduct that led to the injury happening. It would not appear to be an act of gross misconduct.

In terms of the training and cause of the injury, I think that this is a matter that would be of interest to our specialist Solicitors who could consider whether you have been exposed to an injury that would have otherwise been avoidable through a lack of or inadequate training. My initial view is that there is potential to pursue a claim.

Hi Ian. I currently have an ongoing claim against my employer for carpal tunnel syndrome. They are a non union firm and see fit to give me a hard time using bullying tactics, labelling me unpopular and difficult because I have brought a claim against them. I feel like walking away from my job. Is there anything I can do?

Have you discussed this with your Solicitor? Your Solicitor could potentially write a cease and desist letter to the employer. Before you get to the point where you just resign and leave, you must make written representations to the employer about their conduct and harassment of you because you have made a claim. Whilst I doubt that will resolve matters, if the situation continues and you are forced to resign, you may then have grounds for a constructive dismissal claim against the employer.

If the injured party took it upon themselves to undertake work that you had not instructed them to do, or instructed them NOT to do, it is hard to see how they can succeed with action against you.

It would be sensible for you to write a detailed report of the incident as you see it and if your other worker was willing to provide a corroborative view of your version of events, you would likely be able to successfully defend any such action.

Do you have insurance? If so, you should contact them at the earliest opportunity to advise them of the incident and your version of events.

The insurance could still provide cover, but it will depend on the specific clauses within the insurance cover. Of course, if the insurance policy stipulates that cover is only in place when fully qualified and certified staff are performing duties, the cover may not be available and the insurers will leave the company to face liability. However, if there is no such specification in the cover, the insurance should pay out but the company may face some sanctions from the Health & Safety Executive and other authorities and their insurers will undoubtedly penalise them on their renewal premium at next renewal.

If you sustained an eye injury at work and were unable to safely drive home is it your employers responsibility to get you home safely?

An employer does not have a legal duty to provide transport, but clearly, in such circumstances it would not be safe for an employee to drive and an employer would – if a caring and supportive employer – at the very least arrange for a taxi to get you home.

Good day I would like to know if a employee just injury his/her hand and finger and he/her must go to a follow up visit at the doctor must the company arrange transport to the doctor and back?

Employers are not obliged in law to provide transport to and from medical appointments or urgent medical treatments, but must not prevent access to medical care or follow up appointments.

Hello
I am a carer and while at a client and as I got up from a chair to make my way to the kitchen I twisted my knee. I informed my workplace about it but was informed that as I was not doing any manual handling of the client they were not at fault. This happened on the 4th of December 2020 and on the 25th of December I had to take myself to A&E as I had continued to work but by this time my knee and leg had swollen. I am in the process of getting physio but with the current climate this could be some time. What help if any should I be getting from my employer?

It would seem that your employer bears no responsibility for the injury itself – there was no obvious negligence as it seems it was just an unfortunate accident. As such, the employer has no obligation to provide support – other than to ensure that you are able to take time off (whether paid or unpaid) to recover and obtain appropriate medical treatment.

You can ask your employer if they have any light duty office work or similar that you could do whilst you are unable to work.

I work in a shop and am often in on delivery days so I have to unpack the stock and put the rubbish in the cages.

When the cages get full, we are told to climb up the cage and lift our leg over into the cage and push the empty packaging down to make more room in the cage for more rubbish.

The step that my employer provides is not high enough hence having to climb to get a leg inside the cage.

A few years ago I had a shooting pain in my back when climbing / lifting my left over into the cage, since then I’ve been having days where my really hurts and this has been making my work tasks take longer.

I recently raised this with my employer and they got me an appointment with a physio who did an “on the phone” assessment and gave me some exercise routine videos, these videos haven’t helped so far and hurt my back just as much,

I would have thought an “in person assessment” would have been better,

A friend told me that the employer is supposed to supply the correct tools for the job and that I shouldn’t have had to be climbing cages in the first place,

Is there any advice you can offer on whether I should make a claim against my employer?

Many thanks

Your employer has failed you in expecting you to work in a dangerous manner. Their expectation for you to climb on the cages and place yourself at risk is employer negligence and they should have either prohibited such activities or provided suitable equipment to enable you to perform the task safely. With this in mind, you may well be able to make a claim for personal injury compensation.

One important issue we must consider is limitation. That is that you must make a claim within 3 years of the date of an injury. In this case, you mention the shooting pains happening a ‘few years’ ago. If you have not previously attended your GP or sought medical help, you should do so now. It is good that the employer is now aware of your injuries and has attempted to arrange physiotherapy.

We would like to speak with you in more detail regarding this situation so that we can identify whether can help you make a No Win No Fee claim against your employer. Remember that making a claim against an employer does not jeopardise your job or your rights to continue with the work.

Do I have a right to refuse to go back to work while I am still injured and the doctor gave me an temporary unfit letter which I served to my employer? My employer wants me to go back to work and I am not healed yet and the days I’ve been given by the doctor are not yet due. If I go back to work I must risk driving with one hand as I got injured on the left hand, my occupation is an mechanic in which I have to drive to different sites, so my employer threatened me that he wont pay me while I am not on duty due to my injury. I am under pressure I don’t know to do, as I am afraid to injure myself if I go back to work while I am not healed, please advise me what to do and what are my rights in this matter.

If your Doctor has signed you as unfit to work and advised you NOT to work or NOT to drive, you should not attend work or drive.

Having had back surgery at the end of January and then back to work mid March, carrying out the same duties that I did before surgery. I have since had further issue with my back. Even though I followed all company policies and procedures, I have been informed it was my own fault. Is this the case or is my company at fault?

It would be helpful if you could explain a little more about your work and the way in which you believe you have been injured? It would be helpful to know whether you have received regular ‘manual handling’ training from your employer? Did they provide you with such training at the start of your employment and then refresh that periodically since? Are you expected to lift items exceeding 25kgs without assistance or lifting aids? Are you provided with trolleys or other similar equipment to move items that are awkward or heavy?

Alongside providing training to enable staff to lift safely and equipment to assist with moving of heavy items, employers must also provide a working environment that enables workers to follow safe lifting training and work safely.

Don’t allow your employer to tell you whether your injury is your fault or not, they are not experts and are not independent! If you can provide further information to us about how long after you started work that you developed your symptoms and advise us of the issues we cite (see above), we can advise you further.

My friend used to deliver granite & marble for a small company (6 people). Earlier this year a piece of marble slid off his lorry whilst helping a business customer unload it at the customer’s premises. He was hospitalised immediately for 2 days, and off work for 10 weeks. His boss said he had cctv so there was no point in pursuing any kind of claim. He has since been dismissed from the company, and I said to him he should have seen a solicitor at the time. He has attempted to get the RIDDOR and any subsequent investigation report from his ex employer, but he’s getting told by his ex MD that was done by the customer, and he will try to get it from them for him. It’s now been 20 days but despite additional requests no information provided.
How does he get the information to see if he was at fault as his ex MD inferred? Does his ex employer have a legal obligation to provide the information?
Thanks

The employer is not obliged to pass on such information, but there is no reason not to do so. In terms of whether or not there is a claim and who was at fault, it is not for your friends employer to be judge and jury as they are not independent and do not have a qualified legal view of the situation.

This is a matter that needs to be considered in detail by a specialist personal injury Solicitor – such as those with whom we work. The best course of action would be for your friend to make contact with us directly so that we can obtain specialist advice for him and pursue a claim against his former employer should it be deemed appropriate to do so.