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

Employer’s Legal Duties After a Workplace Accident

When an employee suffers an injury at work, their employer has specific legal obligations that must be fulfilled immediately and in the following days and weeks. These responsibilities are not optional – they are legal requirements designed to protect workers and ensure proper handling of workplace accidents.

Every employer in the UK must follow strict protocols following a workplace accident, regardless of whether it occurs on company premises, at a client’s site, or during work-related activities elsewhere. These duties exist to safeguard both the injured employee’s wellbeing and their legal rights.

The cornerstone of these obligations is the employer’s duty of care – a fundamental responsibility to ensure employee safety and proper accident management. This includes maintaining appropriate insurance coverage, specifically Employer’s Liability Insurance, which is legally required for almost all businesses with employees.

Core Responsibilities After an Accident

Accident Recording and Reporting

The first crucial step is proper documentation. Every workplace accident, no matter how minor it might seem, must be recorded in the company’s accident book. This record should include detailed information about what happened, when and where it occurred, and who was involved.

For more serious incidents, employers have additional reporting obligations under RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations). Any accident resulting in an employee needing more than seven consecutive days off work must be reported to RIDDOR within 15 days of the incident.

Medical Support and Care

Employers must ensure immediate access to first aid treatment following an accident. This means maintaining adequately stocked first aid kits and having trained first aiders available. For more serious injuries, employers should assist in arranging professional medical care.

Beyond immediate medical care, employers must provide appropriate support during recovery. This includes:

• Ensuring the injured employee receives Statutory Sick Pay when eligible
• Maintaining communication throughout the recovery period
• Making reasonable adjustments to facilitate return to work
• Preserving the employee’s position during their absence

Investigation and Prevention

A thorough investigation should be conducted promptly after any workplace accident. This serves multiple purposes:

• Identifying the root cause of the accident
• Implementing measures to prevent similar incidents
• Gathering evidence that may be needed for insurance or legal purposes
• Demonstrating compliance with health and safety regulations

This investigation should be documented carefully, with findings and subsequent actions recorded. Employers must also review and potentially update their risk assessments in light of any accidents, showing they’ve learned from the incident and taken steps to prevent recurrence.

Professional Handling of Accidents

The way an employer responds to workplace accidents significantly impacts both employee welfare and potential legal outcomes. Professional handling demonstrates commitment to worker safety and legal compliance, while poor management can lead to damaged relationships, legal complications, and increased liability.

Good Practice Approach

Professional accident management starts with immediate action and continues through the entire recovery process. Employers should maintain open communication channels with injured employees, ensuring they feel supported rather than blamed for the incident. This includes:

• Conducting prompt, thorough, and unbiased accident investigations
• Maintaining detailed and accurate records of all incidents
• Cooperating fully with health and safety investigations
• Supporting legitimate compensation claims with necessary documentation
• Implementing preventative measures based on investigation findings

Poor Practice to Avoid

Some employers make critical mistakes in handling workplace accidents, which can worsen the situation and potentially lead to legal complications. Common poor practices include:

• Attempting to discourage or prevent accident book entries
• Pressuring employees not to make compensation claims
• Threatening disciplinary action or dismissal following an accident
• Failing to report incidents to relevant authorities
• Destroying or altering evidence related to the accident
• Refusing to provide copies of accident reports to injured employees

Employee Rights After an Accident

Understanding employee rights following a workplace accident is important for both employers and workers. These rights are protected by law and cannot be waived or dismissed by contractual agreements.

Core Legal Rights

Employees injured at work have several fundamental rights that must be respected:

• The right to make a compensation claim if the employer has been negligent
• Protection from dismissal or discrimination for making a legitimate claim
• Entitlement to Statutory Sick Pay during recovery periods
• The right to access and obtain copies of accident records
• The ability to have a union representative or colleague present during accident-related meetings
• The right to reasonable adjustments when returning to work

Taking Time Off

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.

Documentation Access

Injured employees have the legal right to access various documents related to their accident:

• Accident book entries pertaining to their incident
• RIDDOR reports submitted to authorities
• Risk assessments relevant to their work area or task
• Training records and safety procedures
• Investigation findings and subsequent actions taken

Employers must provide copies of these documents within 40 calendar days of receiving a written request. This transparency is crucial for maintaining trust and ensuring fair treatment of injured workers.

Employment Protection

The law provides specific protections for employees who have suffered workplace accidents:

• Protection against unfair dismissal for raising health and safety concerns
• The right to maintain employment status during recovery
• Protection against discrimination due to accident-related disability
• The right to suitable alternative work where appropriate
• Protection against victimisation for making a compensation claim

These rights ensure employees can focus on their recovery without fear of losing their job or facing unfair treatment. Employers who violate these rights may face additional legal consequences beyond any personal injury claim.

Accommodating Return to Work After Injury

Employers have a legal obligation to support employees returning to work after an injury by providing suitable alternative duties during their recovery period. This duty of care applies to both physical and psychological injuries.

Physical Injuries

When an employee’s regular role involves demanding physical activities such as:

• Heavy lifting or carrying
• Climbing or working at height
• Extended periods of standing
• Repetitive movements
• Manual handling tasks

The employer must offer appropriate temporary modifications. This could mean reassigning the employee to office-based duties or adapting their current role to exclude physically demanding tasks while they recover.

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.

Psychological Injuries

The same principle applies to mental health conditions such as work-related stress or anxiety. Employers should:

• Remove or reduce exposure to stress triggers
• Modify working patterns or environments
• Adjust responsibilities temporarily
• Provide additional support or supervision

Benefits of Modified Duties

This approach offers advantages for both parties:

• Employees maintain their regular income
• Recovery is supported through gradual reintroduction
• Work relationships remain active
• Skills and confidence are preserved
• Reduced absence costs for employers

The key is finding a balance between supporting recovery while maintaining productive employment. Regular reviews and medical advice should guide the progression back to full duties.

Making a Workplace Injury Claim

When an employee has been injured at work due to employer negligence, they have the right to pursue compensation. Understanding the claim process and requirements is essential for a successful outcome.

Legal action must typically be initiated within strict timeframes:

• Three years from the date of the accident for most workplace injuries
• Three years from the date of knowledge for occupational diseases
• Different time limits may apply in special circumstances

Strong evidence is crucial for supporting a workplace injury claim. Try to gather:

• Accident book records documenting the incident
• Medical reports detailing injuries and treatment
• Witness statements from colleagues
• Photographs of the accident scene or hazard
• Risk assessment documentation
• Training records and safety procedures
• RIDDOR reports if applicable

We can help you with all of this at Direct2Compensation. To find out more, or to start your claim today, call us on 01225 430285. If you prefer, we can call you back. After just a few minutes on the phone, we’ll have enough information to allow our solicitors to get your claim started.

Frequently Asked Questions