How Employers Should Handle Risk Assessments To Avoid Work Accident Claims

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

Workplace accidents and subsequent compensation claims often arise from situations that could have been prevented with proper safety measures. In fact, statistics show that 60,645 workplace injuries were reported under RIDDOR in 2023/24, with a significant portion resulting from inadequate risk assessment.

A risk assessment isn’t merely a bureaucratic exercise – it’s a systematic examination of what could cause harm to people in your workplace. Many employers mistakenly view risk assessments as optional paperwork, but they are legally required for any business with five or more employees. Even for smaller businesses, conducting thorough risk assessments represents best practice and demonstrates commitment to employee safety.

The process involves identifying potential hazards, evaluating risks, and implementing appropriate control measures. This proactive approach not only protects workers but also shields businesses from potential legal complications and financial losses.

The Importance of Proactive Safety Management

A proactive approach to safety management forms the cornerstone of accident prevention in the workplace. The UK’s position as one of the safest places to work globally isn’t accidental – it’s the result of comprehensive health and safety regulations and their proper implementation.

Financial Benefits

The cost of workplace accidents extends far beyond immediate medical expenses. When considering lost productivity, temporary staff replacement, increased insurance premiums, and potential compensation claims, a single workplace accident can cost an employer greatly. Investing in proper safety measures is significantly more cost-effective than dealing with the aftermath of accidents.

Legal Compliance

The Health and Safety at Work Act 1974 mandates that employers must ensure, so far as is reasonably practicable, the health, safety, and welfare of all employees. This legal obligation isn’t just about avoiding penalties – it’s about creating a workplace where everyone can perform their duties without unnecessary risk.

Cultural Impact

A strong safety culture doesn’t develop overnight. It requires consistent effort, clear communication, and visible commitment from management. When employees see that their safety is prioritised, they’re more likely to engage with safety protocols and contribute to maintaining a safer workplace. This positive cycle of engagement and improvement leads to fewer accidents and, consequently, fewer compensation claims.

By implementing proper safety management systems, businesses can:

  • Reduce accident rates and associated costs
  • Improve employee morale and productivity
  • Enhance their reputation with clients and stakeholders
  • Minimise the likelihood of costly compensation claims

Remember, effective safety management isn’t about creating obstacles to work – it’s about enabling work to proceed smoothly and safely, protecting both employees and the business itself.

Key Components of Risk Assessment

The foundation of effective workplace safety lies in thorough and methodical risk assessment procedures. Understanding and implementing these key components ensures comprehensive coverage of potential hazards and appropriate preventive measures.

Identification of Hazards

A systematic approach to hazard identification is crucial for preventing workplace accidents. This involves examining all aspects of work activities, from routine tasks to occasional maintenance work. Employers should consider:

  • Physical hazards (machinery, heights, confined spaces)
  • Chemical hazards (cleaning products, industrial chemicals)
  • Biological hazards (bacteria, viruses, bodily fluids)
  • Ergonomic hazards (repetitive movements, poor workstation setup)
  • Psychological hazards (stress, excessive workload, workplace violence)

The assessment process must be thorough and documented, with particular attention paid to areas where serious harm could occur. For example, cleaning operations require proper signage and staff training, while machinery operation demands regular maintenance checks and certified operator training. Regular workplace inspections, employee consultations, and review of accident records can help identify potential hazards that might otherwise be overlooked. All documentation, including maintenance records and safety procedures, should remain accessible to relevant staff members.

Assessment Process

Once hazards are identified, the next step involves evaluating the level of risk they pose. This evaluation should consider:

  • The likelihood of harm occurring
  • The potential severity of that harm
  • Who might be affected (including vulnerable workers)
  • Existing control measures and their effectiveness
  • Additional controls needed to reduce risk to an acceptable level

Best Practices for Risk Assessment Implementation

Effective implementation of risk assessments requires a structured approach and ongoing commitment to safety management. Success depends on following established best practices and maintaining consistent standards.

Regular Reviews and Updates

Risk assessments should never be treated as one-time exercises. They require regular review and updating, particularly when:

  • New equipment is introduced
  • Work processes change
  • After accidents or near-misses occur
  • When new safety regulations are introduced
  • At least annually as a matter of good practice

Maintaining detailed records of these reviews is essential, not only for legal compliance but also for tracking safety improvements over time.

Employee Involvement

The most effective risk assessments incorporate input from those who perform the work daily. Employee involvement should include:

  • Regular safety meetings and consultations
  • Clear channels for reporting hazards and concerns
  • Active participation in risk assessment reviews
  • Input on practical control measures
  • Feedback on the effectiveness of implemented controls

Workers should feel empowered to raise safety concerns without fear of reprisal. Their practical experience and knowledge of day-to-day operations can provide valuable insights that might not be apparent to management or safety professionals.

Documentation and Communication

Clear documentation and effective communication of risk assessment findings are crucial. This includes:

  • Written records of all assessments
  • Clear communication of findings to all affected staff
  • Regular updates on safety measures and their effectiveness
  • Training records and competency assessments
  • Evidence of action taken in response to identified risks

Remember, the goal of risk assessment implementation isn’t just compliance – it’s about creating a safer workplace where everyone understands their role in maintaining safety standards and preventing accidents.

Essential Safety Measures

Implementing proper safety measures is crucial for maintaining workplace safety and preventing accident claims. A systematic approach to safety documentation and training helps create a robust safety framework.

Documentation and Procedures

Proper documentation serves as evidence of safety compliance and helps track potential issues before they become accidents. Essential documentation includes:

  • Accident report books and incident logs
  • Risk assessment records and reviews
  • Equipment maintenance schedules and checks
  • Safety inspection reports
  • Training records and certifications

Training and Support

A comprehensive training program is vital for maintaining workplace safety, and to avoid claims for injuries resulting from a lack of training. This should include:

  • Initial safety induction for all new employees
  • Regular refresher courses on safety procedures
  • Specific training for high-risk activities
  • First aid training for designated staff members
  • Clear communication of emergency procedures

Legal Requirements and Compliance

Under UK law, employers have specific legal obligations regarding workplace safety and risk assessments. Understanding and meeting these requirements is essential for avoiding accident claims.

Statutory Requirements

The Health and Safety at Work Act 1974 mandates that employers must ensure, so far as reasonably practicable, the health, safety, and welfare of all employees. This includes:

  • Conducting and recording risk assessments
  • Implementing appropriate control measures
  • Reviewing and updating safety procedures
  • Consulting with employees on safety matters

Documentation Requirements

For businesses with five or more employees, there is a legal requirement to:

  • Record all significant findings from risk assessments
  • Document identified hazards and control measures
  • Maintain records of safety training and procedures
  • Keep detailed accident and incident reports

Remember that compliance isn’t just about meeting minimum legal requirements – it’s about creating a genuinely safe workplace where accidents are less likely to occur and where employees feel protected and valued.

Benefits of Proper Risk Assessment

When implemented correctly, comprehensive risk assessment procedures offer numerous advantages that extend beyond simply preventing accidents and claims. These benefits impact every aspect of business operations and contribute to long-term success.

Financial Benefits

The financial impact of proper risk assessment is significant and far-reaching. Organisations typically see reduced insurance premiums and lower accident-related costs. Staff turnover decreases as employees feel valued and protected, leading to reduced recruitment and training expenses. Perhaps most significantly, fewer workplace accidents result in fewer compensation claims and associated legal expenses, protecting the business’s bottom line.

Operational Improvements

Effective risk assessment contributes to enhanced workplace efficiency through streamlined processes and better-organised workspaces. Employee morale and job satisfaction typically improve when workers feel their safety is prioritised. This positive environment often leads to increased productivity and better quality work. Furthermore, a strong safety record enhances the company’s reputation, increasing customer confidence and creating a competitive advantage in the marketplace.

Long-term Impact

The enduring benefits of proper risk assessment extend well beyond immediate safety improvements. Organisations develop a positive safety culture that becomes self-sustaining, with safety consciousness embedded in daily operations. Workplace stress and anxiety levels decrease as employees feel more secure in their environment. Relationships with regulatory bodies strengthen through demonstrated commitment to safety, while employee retention improves as workers recognise their employer’s dedication to their wellbeing. These factors combine to enhance overall business sustainability and create a resilient organisation prepared for future challenges.

Through this comprehensive approach to safety culture and risk assessment, businesses can create an environment where accidents are less likely to occur, claims are minimised, and both employees and the organisation can thrive.

Taking Action

When workplace accidents occur, employees have legal rights to pursue compensation claims through no-win-no-fee arrangements. Employers must handle these situations professionally by immediately forwarding any claims to their liability insurance provider, who typically manages the process. Having proper documentation readily available – including maintenance records, safety procedures, and accident reports – is crucial for handling claims effectively.

Attempting to ignore staff injuries and workplace accident claims is never appropriate. Instead, employers should maintain open communication channels and cooperate fully with all parties involved in the claims process.

Most claimants have concerns about making a claim for work accident compensation and whether it will affect their employer or job if they do. 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.

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.

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

Leave a comment or question

Please note we can only deal with claims within the UK legal system. Your question will appear once approved and we'll reply as soon as we can. Your email address will not be published, your name will, so feel free just to use a first name.

Comments & Questions

Read on for questions and advice about claiming...

Hi, we have an employee who is trained in manual handling but decided to move a 30kg storage heater he pulled his back, however he didn’t report it for two days and then went sick.
Should this be classed as Injury at work? or Industrial injury or because of the time delay in reporting treated as just sickness?

Ian Morris

It should be treated as a workplace injury as the accident happened at work. In any record you make of this incident, it would be wise to note that it was not reported for 48 hours post injury and that the employee had been previously trained in manual handling.

As long as you have accurate records of staff training and can provide evidence to show that the employee had been given training on safe lifting, you should not have any issues regarding any future liability.

Reply

Hi.
I very recently had an accident at work. I was drilling a hole in a door handle when the drill bounced out and penetrated my hand. I informed my office an hour later that I had drilled into my hand but intended to finish my jobs for the day asap and then go and get my hand seen to. This was a bit foolish as I was in agony but I knew the company was short staffed and under pressure. I have since attended A and E and am waiting for an urgent appointment to have my hand operated on to see if I have damaged the tendon or nerve. I have lost the feeling in one finger and movement in the hand causes pain. This will be under general anaesthetic. I hadn’t been provided with PPE such as gloves, goggles and I had to push for them to provide steel toe cap boots. I am 90% sure I haven’t signed any paperwork stating that they will provide me with PPE. I carry out multiple tasks on a day to day basis providing maintenance on social housing. I have never seen any risk assessments relevant to specific tasks. I am going to have to take time off work on basic sap and the doctor has informed me that if I have damaged the tendon I will be off for 8 weeks.

All though I initially thought this was just an accident and no one was to blame, i have began to wonder if I have a case? Thanks for your help

Ian Morris

The employer should be ensuring that you are provided with the appropriate personal protective equipment (PPE) and that each job is correctly risk assessed to ensure that you are able to work as safely as possible.

In this case it sounds as if your employer has exposed you to a risk of injury that would otherwise have been avoided if you had been given some puncture proof gloves. Therefore, it would be wise to further investigate your prospects of succeeding with a claim.

Reply

Hi,

I received forklift training today and the trainer informed us that we are financially responsible for any accidents that we are determined to be at fault. There is nothing in my contract to suggest this. I am concerned whether this is legally sound. Is the company not required to have insurance in place for things like this?

Ian Morris

You should of course double check, but the employer should have responsibility for any damage or injury caused whilst you are operating their vehicle and working on their behalf.

Reply

My colleague used our company van and knew it was not fit for use. However, he then failed to report it to the employer. Then when I used it the brakes failed! My colleague admitted to these facts during a phone call. Where do i stand with this? Can I take legal action for gross negligence?

Ian Morris

UK law requires that an employer ensures that all work equipment (including company vehicles) are appropriately maintained and regularly services to ensure that the equipment or vehicle is fit for purpose and as safe for use as possible.

In this case, your colleagues failure to report the faults to the employer is clearly an act of negligence on their part, but the responsibility for inspecting the vehicle and having a regular regime of inspection and service management rests with the employer. Therefore, if they have failed to carry out their statutory duty to get the vehicle serviced on time, that would be employer negligence and you would have a valid claim for work accident compensation.

We would like to discuss this further with you as you could succeed with this claim against your employer. Please use our a start a claim page or call our team on 01225430285 to get the ball rolling. Our expert staff will then call you for a quick chat about the incident and then get the right specialist Solicitor to act for you.

Reply

Good evening! I was deliberately hit in the head at work and I got injured but the employer does not want to give video. What should I do and after what time can he delete the video? Thank you.

Ian Morris

To protect your interests you should refer to the CCTV evidence in writing and request that the employer does not delete the evidence. At least then, if it is deleted you can demonstrate that you tried to make sure that it was retained.

Reply

I had an accident at work were i was trained properly. I fractured my finger in 2 places and dislocated it. After the accident, I received a final warning and was told I could lose my job. Being employed via an agency, I was scared so I signed their paperwork to admit liability, but I am now suffering with the long term effects of the injury.

I’ve put claim, but wonder if the paperwork I signed admitting liability effect my claim? Do I have a leg to stand on or not ?

Ian Morris

If the employer is able to demonstrate that you were appropriately trained to do the work in question and that all relevant health and safety provisions (such as PPE) were in place they will have a strong defence against any claim. Further, in your case the employer has a strong hand in that they have a signed admission of liability from you regarding the accident being your fault. This will make it very hard for your Solicitor to succeed.

Reply

Hi I work in a nursery and we had some painting and decorating done where staff had to come in the next day and clean which is not my job. I cleaned the floor which was full of dust and that same day ended up with sore throat the next day I had chest infection and given amoxicillin I was later put on asthma pump, naproxen and sent for X-ray just in case my lungs where inflamed from dust because I was still having chest pains 2 weeks on. I’m now still on a asthma pump something I’ve never been on before and suffering chest pains, can I make a claim against work?

Ian Morris

If your employer has failed to adequately protect you from obvious risks to health that have then caused you ill health, you would have the right to make a claim for workplace injury compensation.

In this case, your employer appears to have failed to provide you with adequate personal protective equipment (PPE) or training to ensure that you could work as safely as possible. Employers are obliged to ensure that the risks to health are minimised as far as possible and when asking you to work in an extremely dusty environment without providing you with a dust mask and good ventilation, your employer may well have been negligent towards you.

It is important to make sure that your ill health is recorded with your employer as being linked to the work you were asked to do – in an accident book or in writing to your employer. We would be happy to investigate the possibility of you claiming compensation.

Reply

I had an injury at work. I was given a couple of days off with pay. When I returned should I have had any risk assessment done to assess my work as I am wearing a sling. I am the only first aider and fire Marshall on site. I don’t believe I should be the only person on site to deal with these issues due to my arm.

Ian Morris

Your employer asking you to work as the sole first aider whilst your arm is in a sling is not the most sensible of decisions. If you were to then go on to sustain further injury as a result of this, you could possibly claim compensation for the injury.

With regards to your first injury that lead to you having to wear a sling, we would like to find out more about that incident as you may well have a grounds to make a claim for accident at work compensation.

Reply

I had an accident last Sunday we had bad winds so was helping my work mates to pull the outdoor pool cover over the pool as someone was stupid to release it when they should not have. I had the strap wrapped round my hand to keep the cover from blowing then a big hush of wind came to me I felt my body getting pulled and I let go of the strap so suffered a burn and bruising to my hand, but also my arm and neck is painful as I jolted when I let go. Can I claim?

Ian Morris

Yes, we think we can help you pursue a claim against your employer. Of course, we need to find out a little more about the process used to cover the pools and the training given to you and colleagues, but we think that there is a valid claim for work accident compensation here.

Reply

Hello, I work for a company and 10 weeks ago we had a quiet night, we were asked to clean the back wall down. The supervisor gave us the cleaning solution and cleaning pads and we started cleaning the wall down, within 15mins my fingers were burning, unfortunately they gave me the wrong solution, they gave me corrosive instead, of course this caused the skin on my fingers to burn and blister and becoming really sore, please advise where I stand.

Ian Morris

This is a clear breach of your Health & Safety at work by your employer. The handling of chemicals and dangerous substances needs to be done under the COSHH guidelines. When COSHH guidelines are breached and conditions such as Industrial Dermatitis or Chemical Burns are sustained, the injured worker is very likely to succeed with a claim for compensation for such injuries.

Clearly, your Manager would not have meant you any harm but that is not relevant as you have been caused injury and pain as a result of their negligence. You have what would appear to be a viable claim here and I would suggest that you get in touch with us on 01225430285.

Reply

I had an injury to my eye at work where a shard of stainless steel penetrated tge cornea of my eye deep enough to almost penetrate the lens.
Since the injury I have required hospital treatment 4 times .
I was wearing safety glasses when it happened but the working conditions was very poor I was on my back drilling upwards into a stainless steel floor fitted into a van.
No ramps used.
I have had time off work for treatment and resting . But I cannot afford the time off because the company will not pay full pay.
Since returning to work I have not been asked for a fit to work certificate . But my main concern is I have been made to work on the same job that caused the injury! .
I have also permanent partial vision loss from this incident.
Where do I stand?

Ian Morris

Gethin

Thank you for sharing your workplace injury story. Injuries to the eye are very distressing and extremely uncomfortable and given that you mention an element of permanent damage to your eye sight, I can imagine that you are feeling angry and concerned about this incident and your future.

Although your company have made sure that you wear eye protection, I think that you may still have cause to pursue a claim for compensation against the employer. Of course, we would need to know more before we could advise fully, but the working conditions you cite and the way that the employer was tasking you to perform the duties you were doing when you were injured gives some areas of interest for a possible claim for compensation.

We generally find that a quick telephone conversation enables us to ask the right questions that allows us to properly assess your claim and then make sure that we link you with the right specialist Solicitor to pursue this claim for you.

We look forward to hearing from you.

Reply

I run a business that goes into schools and one of my employees got injured in the store cupboard at a school and is now unfit to work.
Please can you advise me on the procedures I need to take?

Ian Morris

Although your employee was not injured on your premises and most likely through no fault of your own (I do not see liability attaching to your business), this is an accident at work matter because the employee was injured whilst performing their duties.

Your employee can look to seek compensation for their injuries and losses against the person(s) responsible for the incident in which they were injured. In this case, it would seem (at this stage) that the accident would be the responsibility of the school and that in turn will fall to the Local Educational Authority or Academy Trust that is responsible for the school.

To protect your employees interests, they/you should ensure that a full report of the accident is made within the Schools accident book reporting system. If this was not done at the time, you could contact the school to ask them to do so now and you could also write to them/email to make a report of the incident. Any such report should state what happened, how it happened and what the injuries sustained were. You should also retain a copy of this report within your own accident book system.

Your employee should also ensure that they seek medical treatment for the injuries they sustain in order that the severity of the injuries can be noted on their medical records.

In terms of pursuing a claim for compensation against the relevant party (School), your employee should contact us for assistance.

Reply

Had an accident in work just over a week ago now , causing me to have a black eye and face being swollen on one side . All paper work has been done and sent of yet I still haven’t heard from my company , is this acceptable?

Ian Morris

There is no obligation for the company to contact you, although it would be very reasonable to at least expect a call to check that you were ok and recovering properly.

The employer should contact you if the accident was serious enough to warrant a health and safety investigation as your statement of events would be vital to the understanding of what happened.

If you would like to pursue a claim for compensation for the injuries sustained, we would be very happy to help you with this.

Reply

One of our employees had an accident that occurred outside working hour and at his home.the employee had been working more than 15 years and having a good track record. the accident affected his quality of work at the company. in facts, he is financially heavy in debts and had taken up second job. as employer, what should i do?

Ian Morris

I don’t think you need to be concerned or do anything in particular. Perhaps you should record in writing the details you believe to be true – that the accident happened away from work at the employees house. You should record how you know this too.

Reply

If i make an accident claim and it is unsuccessful, is my employer allowed to dismiss me?

Ian Morris

Simon

Great question – thanks for asking it! The most common ‘worries’ we encounter with regards to the thoughts of people considering making a claim for compensation, are those that relate to claiming compensation after an accident at work.

Understandably, people injured at work worry that making a claim against their employer could lead to an uncomfortable atmosphere at work or even that making a claim will cost them their job.

To answer your question, the answer is no! Whether or not a claim for compensation after an accident at work succeeds or fails, an employer has no legal right to terminate the employment of the claimant on the basis of their making a claim. The only thing that could lead to an employer dismissing an employee after a claim was made would be if the claim was made on a fraudulent basis. Such an act would be both gross misconduct and also a criminal matter and in this case, an employer would have every right to terminate the employment of the individual concerned.

However, in the case of a genuine accident at work, the employee is perfectly entitled to make a claim. The outcome of the claim will only go in their favour if the employer is found to have acted negligently and therefore responsible for the injuries.

Reply

My work are saying that me making a claim against them will cause me problems, can they use this as a way to sack me? I feel I’m being made to feel bad for something they could have avoided.

Ian Morris

James

Thank you for sharing your situation. There is a common concern held by nearly all of the accident at work claimants that contact us for help – that making a claim against their employer will cost them their job or jeopardise their colleagues future. Legally, any person who is the victim of an accident caused by someone else’s negligence has a right to pursue a claim for compensation. The outcome of the claim will depend on whether or not the organisation/business or people against whom you are making your claim are forced to accept liability.

In your case, it is clear that your employer is putting pressure on you not to make a claim. This is not legal and they have no right to act in this way. I am not qualified to advise you on employment law, but if you have worked for the employer for the sufficient time to clear the legal requirement, they cannot sack or dismiss you simply because you have pursued a claim for compensation.

However, some employers do act in an unscrupulous way and we often find that it is the smaller businesses that put heavy pressure on injured employees not to make a claim. We cannot guarantee that making a claim won’t cost you your job as we cannot be sure how your employer will behave.

What I would say is that if you have been injured at work and required medical treatment, making a claim for accident at work compensation will allow you the prospect of obtaining a fair compensation settlement to cover the pain and discomfort caused to you by your injuries and would also allow you to reclaim any lost income by way of a special damages claim.

Whether or not you opt to pursue a claim is down to you. However, if you are unable or have been unable to work due to the injuries you have sustained in the accident at work and your employer is not prepared to pay you your usual wages whilst you are unable to work, you will be heavily out of pocket. if this is the case, you may well have no choice other than to pursue a claim for workplace accident compensation. In any event, it sounds like you are not working for a decent responsible employer and I can’t see how they have any right to pressure you for loyalty if they act in the way that they have. Employers have employer liability insurance in place to cover events such as accidents at work and therefore any claim for compensation made by you would be against this insurance and not against the employer directly, so it would not harm the employer, business or colleagues in anyway if you opted to pursue a claim.

I would suggest that you contact us so that we can discuss your situation in greater depth and get an understanding of what happened and who you work for. We can then advise as to whether or not we feel you have a valid claim for accident at work compensation and help you to understand your rights. You can make contact with us by calling 01225430285 or by responding to the email that I have sent you.

I hope that this information is helpful to you and we look forward to hearing from you and offering help.

Yours sincerely

Ian Morris

Reply
Chat with us for friendly, expert advice 01225 430285