How employers should handle risk assessments to avoid accident at work claims

By Ian Morris | Updated November 29th, 2022

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

Whilst some accidents can not be foreseen or prevented, the majority of accident at work compensation claims tend to involve scenarios that could and should have been avoided. Accidents at work happen when corners are cut, when staff members are not suitably trained and equipped and when there is no culture of personal responsibility and collective ownership. Claiming compensation after an accident at work is not a great outcome for either the injured employee or the employer. Although a successful claim for compensation after an accident at work 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 for work accident compensation and whether it will affect their employer or job if they do.

Health and safety isn’t a bad thing

With this in mind, all employers should commence a process of reviewing the safety in their workplace, inspect working practices, machine safety and hold regular training and guidance sessions with their staff. Sadly, the phrase ‘health and safety’ is now used in a negative context. It’s almost as if health and safety is now a bad thing. This couldn’t be further from the truth. As a result of the strict health and safety in the workplace regulations, laws and practices within the UK, we have some of the safest workplaces in the world. We know it can seem a waste of time to learn how to properly pick up a box or how to set up your workstation, but making sure things are done properly, safely and correctly will actually save a business money. Reducing accidents reduces cost and enables staff to keep working. Therefore, if you are an employer, or responsible for a team of staff reporting to you, taking a few moments to read this article and then put in to practice what is listed below, is a no brainer.

Risk assessments – how to avoid accidents in the first place

Have you or has your business carried out a reasonable risk assessment for all activities involving staff members? If you haven’t you should. Make a list putting different activities in to groups of danger and then work from that. Risk assessments should be checked annually and amended if new practices are in place. They should be kept in a file, available for staff members and trainers to access and use.

From the assessment you do, you will be able to then identify areas of risk and take adequate precautions. This might include providing a hazard warning sign to staff that clean the floors, and training them to know that they are to place it near wet surfaces for colleagues to see. It could involve a dangerous piece of machinery, making sure that only trained staff use the machine and that regular servicing of the machine and its safety equipment are carried out and records kept.

There are many other things you can do to reduce the risk of an accident happening in the workplace:

Carry out risk assessments and then write guidance policies for each task of work
Check that the policies and risk assessments are relevant and update annually if need be
Carry out daily audits of the workplace. This could be a simple 1-page document listing each item a staff member should check in order to enable reporting of any potential hazards and enact repairs. This should include emergency exits, potential hazards such as torn carpets etc.
Display hazard warning signage
Provide first aid trained staff and first aid equipment
Provide a reporting system for staff to highlight hazards or risks of injury
Ensure all staff are suitably trained for their role and machinery that they are tasked with using.
Provide basic inductions and training for ALL new staff members regarding the workplace, areas of risk etc.
Provide an accident book and ensure that staff understand how to access the same and make reports of accidents and injuries sustained at work to the right people

If you are an employee and think that your company or employer is not doing all that they can to make your workplace as safe as possible, please show them the above. It’s not exhaustive, but it should help your employer benchmark their work practices regarding handling an accident at work and a claim made for compensation.

If an employee is injured in an accident at work, they have legal rights, including being able to make a claim for injury compensation against their employer. Solicitors will pursue claims for personal injury compensation after an accident at work on a no win no fee basis. As an employer, you should refer any claim made to you to your employers liability insurance provider. In the main, they will handle things for you much as the personal injury compensation solicitor will be handling things for the claimant. You should be able to provide copies of machine servicing reports, procedure policies and accident book records. One thing an employer should never do after an accident at work is to try to ignore the claim.

If you have been injured in an accident at work and want to make a claim for personal injury compensation, call us on 01225 430285 or if you prefer, . We know your rights and can help you to get the justice you deserve.

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Comments & Questions

Read on for questions and advice about claiming...

My husband passed out at work last night and cut his face. This was due to pressure of work with inadequate staffing levels, equipment not working, lack of food break and overly hot working conditions. He is having to attend hospital to be assessed. He was found unconscious and bleeding and no ambulance or paramedic was called.

Prior to this incident, had your Husband ever complained or reported the lack of sufficient staffing numbers, broken or disrepaired equipment and the lack of breaks and the heat within the workplace?

If he did and the employer has not taken any action, the strength of any claim will obviously increase. If however, he had never reported his concerns it will be easier for the employer to avoid liability.

What if employer doesn’t respond to a claim ..i mean when lawyers sending to company a claim…and they ignore it..

If a defendant fails to cooperate with legal correspondence from a Solicitor, the Solicitor will issue a deadline to respond. If that is then breached, the Solicitor can issue proceedings in court to compel the defendant to cooperate with the claim.

I had a complicated accident at work and because of the pressure of my manager not wanting to fill in the accident report to begin with and because of the pain of my injury I had sustained, it had an impact on my mental health and due to it happening so fast I might have misinterpreted how I fell. Will this affect my claim?

If the contents of an accident report conflict with your given version of events, it can impact a claim. It doesn’t necessarily follow that your claim will fail, but as you can imagine, a defendant insurer will use the discrepancy between the accident report and your version of events to attempt to undermine your claim.

I work as a delivery driver in retail. We have vans with roller shutter doors at back and fixed steps at a height of 12inches from floor. The shutters are very very stiff to open and close and i have to do this operation every day approx 7 to 14 times.The shutters have to be lifted to a height of approx 6ft then i load crates into metal runners up to a height of 5-6ft with crates weighing up to 17kg. The shutters have constantly been reported and i have asked for risk assessment to be done but to no avail i am just told “we are getting new vans” but this has been over 3 years now. I have developed a injury to my shoulder over time and this was not helped by the fact a had a pretty bad accident in the store after i had finished my deliveries, this was approx 2 years ago. my accident involved me falling off a piece of equipment used for standing on to reach at height (it was faulty) i subsequently fell off injuring my back and ribs, i was off work and attended physio. A manager did a statement and left a important bit of info out of investigation but i didnt find this out for a year! There have been multiple failings by my company, i was sent a form asking did i want to make a claim for my accident/injury by my employer but i didnt fill it in as i trusted them it was only after seeing the statement a year after that i thought it was out of order. Do i have the right to ask for information on any investigations and should they done a risk assessment after an accident where an employee is off for more than 7 days?

You do have the right to request the information of any investigations or risk assessments carried out by the employer. However, whether or not your request will be answered or handled in an appropriate manner is uncertain.

More importantly, we are of the view that you have grounds to pursue claims against your employer for the injuries you have sustained. The initial incident you mention around 2 years ago is something for which you could make a claim – so long as it was less than 3 years ago. Then you have a 2nd claim to consider regarding the stiff rolling shutter doors that have been reported to the employer.

I had an accident whilst working the night shift. It was the first time i’d done this particular job and the 2nd time i’d been at this station. I had been spraying down trays on the dive area and was now taking a piece of equipment to be sprayed and because it was a big hot heavy part i didn’t see the puddle of water and slipped on it. I suffered 2 possible fractured ribs and went to the hospital after a few days. My employer insisted i have a fit note the first time called in and have been insisting i get one for the last 4 days. 5 managers have told me if i’m off for 3 shifts or more i MUST have one as it’s the law, even though its not. What do i do?

You mention slipping in a puddle in the workplace. If the puddle is not marked with a warning sign or the floor does not have a textured surface to reduce slip risk, you may have a valid claim for compensation.

It would be sensible to call us on 01225430285 and discuss your work and the accident you have had at work with our specialist team so that they can help you to identify whether or not you can make a claim for compensation.

I work in a mental health clinic and was running down the corridor along with my colleagues responding to an emergency alarm. My manager came out of a side room and ran into me sending me to the ground. I have suffered bruised bones in my ribs and right hand. I have been advised to rest and not go back into work as the environment is potentially risky and stressful. The injury could take up to 2 months to heal. I am also going on holiday abroad in 2 weeks time and this may well be effected. My role is regional bank and I have been employed for 19 months with regular hours given between 36 hours and above.

When did your accident happen and have you made a record of the incident within the employers accident book or incident reporting system?

Given the fact that you make be off work for a while and your Holiday will be impaired, it is reasonable and fair to look in to making a claim for compensation. Of course, whether or not the claim would succeed will depend on various factors and if a Solicitor can establish that the accident could have been avoided.

We would be happy to investigate your claim on a No Win No Fee basis, so you would pay nothing if we either could not place the claim with our Solicitors or if they did try to pursue it and it were to fail. Please call us on 01225430285 or use our ‘start a claim’ service to take this further.

Hi, I had an accident at work a week ago where my leg was burnt, I’m off for 3 weeks and dr says it will likely lead to a permanent scar approximately 8”x3”, the company hadn’t carried a risk assessment of the task I was carrying out at the time of the accident and there was no standard of procedure for the task either, could I make a claim against the company, they are a world renowned company, thank you.

My initial view is that you most certainly can make a burn injury claim against your employer. Given the apparent lack of risk assessment and procedure for the task, there is a good likelihood that you would be able to establish employer negligence in this claim and therefore succeed.

If an employer stages a reconstruction photograph, can the photographs be used against you?

Employers are free to provide whatever evidence they have to defend any claim that may be made against them. However, they cannot use falsified or fraudulent evidence to undermine a claim and if they were to do so, could face serious criminal and legal consequences.

What happens when my place of work refuses to let me take photos to persue a claim for my accident; it is the main footpath entrance to and from the school and on school grounds where I work.

Have you made a written request to the school asking for permission to photograph a hazard that you believe is dangerous and caused your injury? If not, you should do so and you should inform them that they are potentially preventing you from seeking a fair and just outcome to any legal proceedings by blocking your right to take such photographs. You can suggest that you would be happy to take photographs when the school is closed and confirm that no pupils or school information will be captured in the images to see if that helps.

Hi. I was involved in three separate robberies while working as security driver carrying cash back in 2012, 2013 and 2014. Company never provide me with any medical or psychological support or help. Only last year i was diagnosed with post traumatic stress disorder by clinical psychologist and i had to leave the job. Because nobody explained to me how things can go wrong and i was let go for such a long time without treatment i developed more mental illnesses. Can i sue my employer that caused me PTSD and other mental illnesses because failed to provided me all support after the accidents?

UK law applies a strict claim limitation period of 3 years from the date of an incident in which a claim for compensation MUST be made. In this case, I am concerned that more than 3 years has passed since the most recent incident. However, there is a small chance that the date of diagnosis of your PTSD being only last year could allow you to claim, but my gut feeling is that you may struggle on the limitation issue.

Was involved in a work-related injury and how a variety of injuries, have recently been see a solicitor and started proceedings for personal injuries claim.
To my surprise my employer has contact me to say they want to start discussions regarding a settlement however this is without going through a solicitor.
Unsure now what is the best course of action to take, should I consider my employers offer and cut out the possible waiting time of up to 2 years with a solicitor? Or stay with my solicitor whom will conduct a thorough investigations and not only looking to claim me for the initial injury but for loss of earnings an emotional strain as well?

Only you can make the decision as to whether you wish to ‘do a deal’ and reach your own agreement with your employer or allow a specialist, qualified legal expert to represent you and ensure that your rights are enforced and protected.

The benefits of settling this directly with your employer are likely to be the speed of settlement. The massive risk of this action is that you have no idea upon what you should base a settlement value and what is appropriate and what the long term implications of your situation could be. Therefore, you could easily end up settling this in a manner that benefits your employer and not yourself.

The benefits of instructing your Solicitor to represent you and going through the process with expert assistance and representation are clear. Your rights will be upheld, a full understanding of your losses, injury and future will be obtained and any settlement you receive will appropriately and properly reflect the impact of your injuries upon you. The downside of instructing the Solicitor is that you are likely to see the process take longer (as it will be done properly and within the legal framework) and you would have to contribute up to 25% of any award you receive towards the costs of the claim. Whilst it is most likely that the 25% deduction would pay for itself in terms of the quality of representation offered to you by a specialist Solicitor and the fact that they would most likely see you achieve a higher settlement value than you would by claiming directly, there can be no guarantee of this.

I was involved in a bike incident during the course of work. I made a claim via solicitor against drivers. Can I also claim for the same incident against my employer?

Secondly, can an employee claim going to and from work, if involved in an accident?

In the scenario you describe, it is unlikely that you can hold your employer liable for this accident. If you were knocked from the bike by a motorist or other vehicle driver, any claim will be made against them as they are the liable party. Our cycling accident claim article will give you some more info. Certainly, you cannot make 2 separate claims for the same incident.

If cycling is part of your working role, your employer would be expected to risk assess your work and ensure that you are provided with adequate training and equipment to enable you to work safely.

Around a month ago I was involved in a accident at work where my left thumb was fractured in 3 places resulting in a operation needing done. After there supposed investigation which I was suspended throughout they dismissed me on the grounds of gross misconduct after me telling them the way I used machine was the way I had been trained is this right? There was also no first aider on scene and I waited a good 30 mins for initial first aid. AT no point after the accident did I have any face to face meetings with management etc and I was dismissed 2 weeks after it by email.

There are two possible legal issues for you to look in to here. Firstly, personal injury and a possible claim for compensation – this is where we can help. If you were using a machine in accordance with training you were given by the employer and then suffered injury, you normally would struggle to succeed with a claim. However, given the apparent attitude of the employer to the way you were using the machine, there is a clear argument to be made that you were given inadequate, incorrect and misleading training. As such, with a serious thumb injury, making a claim for compensation against the employer would be fair and reasonable. We would like to help with this and need to speak with you further. Please use the ‘start a claim’ page of our website to send us some further details and your contact information. One of our expert staff can then call you to discuss this further and explain your rights regarding a claim for compensation after an accident at work.

The 2nd issue you need help with is an employment law matter. That is not something that we are expert at and we would therefore not wish to advise you incorrectly. We would recommend that you make separate enquiries on your employment rights as soon as possible in order to ensure that your employer has acted correctly.

So in July 2018 I had an accident at work where I was picking from a pallet that was stacked above head height (i’m 6’1) and when picking the first container down the container slipped and caused me to injury the right side of my body, following the accident procedure I went to find a manger to report it to, whist a union rep was present I explained what had happened and told him I would like to report said accident. Around about 6 hours later and 3-4 visits to managers I was finally given a chance to write out what had happened and fill out the accident book and sign it. I was given no first aid, no medical attention what so ever. Following the accident around about 4-5 weeks later the company I work for provided me with a physiotherapist due to said accident. I have been on the sick since August 12th 2018 due to the severity of the pain, which is becoming increasingly worse, the gp has said that the injury is never going to get any better and it is not possible to be put right by an operation, all I can do is take chronic pain relief as it is a long term injury. A few month back I looked into putting a claim in and was told it need a copy of the accident report, following the company rules I wrote to them and requested said report. To cut a long story short they are denying any report to have been signed and denying that an accident had even happened.

I’m stumped on what I can, there is a lot more to the incident I.e they breached health and safety rules by stacking the pallets above the safe limit, which has been pointed and time after time and still operate this way. PPE is not a strong point for them either.

I’m still currently off work, but still an employee of the company, my sick pay CSP and SSP have been exhausted and I can no longer physically do the intended job due the the injury.

Apologies for the long winded autobiography of the past 12month, but do I have a claim of any kind?

Many thanks

Given that your employer provided you with a physiotherapist as a result of the injury you sustained at work, they must have some record of the incident and injury. Further, you can obtain a supportive statement from the Union rep who attended the manager with you when you first reported the incident.

You should make a claim and the fact that your employer has not provided you with a copy should not stop you from looking further in to this matter. Please do use our ‘start a claim’ page to make further contact and we’ll call you to obtain some further information and present your claim enquiry to our specialist Solicitors for you.

I have just received a solicitors letter claim for an employee who has left but had a minor fall whilst working and had allegedly soft tissue damage. We work in clients homes and she admitted that she knew a client had put plastic on the stairs and another member of staff almost fell but she didn’t report it. Where do we stand in regard to liability?

You could be liable if as an employer, you have not carried out an appropriate risk assessment for the premises that you instruct your staff to attend.

Hi, i had an accident at work and broke my pelvis, been off for 7 weeks now with full pay, the company hasn’t asked for a sick note? While i’ve been off i’ve been offered another job and am tempted to take it, they have told me i can start when i’m better. i was wondering would this hinder any claim i was to do against my employer in the future?

Changing employers after an accident at work has absolutely no bearing on any claim for personal injury compensation.

Before you do leave the employer, you should make sure that your accident has been properly recorded within their accident book and it would also be prudent to make sure that the employer has informed RIDDOR of the incident given the severity of your injury and lengthy period off work.

We would be very happy to assist you in making a claim for compensation.

Hi, a friend of mine had a work accident 8 months ago and lost her leg in it. The employer has been paying her regular salary since but it will stop at the end of January as they say she is well now and she is not working anymore so she shouldn’t be paid. There is no position she could fill up as it is only heavy lifting there. Can they fire her because she is not fit to hold a position there due to the accident? Thank you.

UK law would not require the employer to keep her job open for good. Given her good health now, it is right that the employer can seek to terminate her position – as long as they follow UK employment law – now that she is not fit to work for them.

We would advise that she gets specialist employment law advice on this matter.

We can of course assist with a claim for the initial loss of ability to work – the loss of her leg in an accident at work.

I had a vehicle accident at work and my boss told all my staff members and showed them a video of the accident and mentioned my name to all my staff employees. Is this allowed as it’s made me feel embarrassed and really down about the situation?

Whether or not your employer acted correctly would need to be established by an employment law specialist. Have you complained about their actions or taken out a grievance in this matter?

An employee fell down a step and hit his head and back, the accident was investigated at the time this was three months ago and the member of staff went to A & E and took time off to rest his bruises. There was no blame established and was put down to undue care and attention by the employee. The employee has recently been dismissed under gross misconduct following our disciplinary process which has been ongoing for over a year, our disciplinery notes over this time have documented about the employees undue care and attention many times. We have now had a letter claiming against this three month old accident we are not surprised but wondering where to go with this?

You need to hand any letter of claim to your insurers and allow them and their experts to represent your interests. The investigation you mention in which the employee was found to be responsible for their own fall by way of undue care and attention may well be in your favour, but equally, it may be seen to be biased on the grounds that it is not independent if it were conducted by you/the employer.

If the claim can successfully demonstrate negligence against the employer – insufficient training, hazardous steps etc the claim could yet succeed.

Im a prison officer and suffered a torn meniscus and strained MCL while restraining an individual in a spontaneous incident 4 months ago. I may require surgery and am awaiting results of MRI which I have paid for privately. Would I be able to make a claim? Currently I am in pain and unable to perform full duties due to restricted movement as a result of the injury. Many thanks.

At this stage we could not be certain as to whether or not you would succeed with a claim as the only way to answer that is by making a claim and undertaking a full investigation in to the same. However, given the nature of the injury and cause, we feel that this is a matter that should be presented to our specialist Solicitors so that they can review the matter and discuss this with you.

I slipped at work on my trousers (onto my hand fracturing the scaphoid) as they are too big for me which I told my manager about. I reported it to the manager on shift who failed to report it into the accident book and didn’t let me go and get it seen. I was in work for a few hours until my shift finished (still not reported into accident book) and went to a&e. I was given a bag of ice in a plastic glove to put on the swelling at work?.
Even though it’s not exactly their fault as such. Am i still eligible to claim?

In theory you would have a claim against the employer. If they provide the uniform, it would be required that the uniform wasn’t dangerous to you. As the uniform was too big and caused a slipping/tripping hazard your employer could be liable in this matter. That they refused to record it in the accident book was poor on their part. You should email your employer (General Manager & HR Dept) to make a report of the accident at the earliest opportunity. You should draw attention to the oversized uniform trousers and that your shift manager failed to change them before you fell.

We would be happy to further investigate a claim for you.

Health and safety isn’t a bad thing

Risk assessments – how to avoid accidents in the first place

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