I’ve Had an Accident at Work – What Should I Do?

If you have been injured in an accident at work, it is natural to have questions about what to do next, whether your employer may be responsible and whether you could make an accident at work claim.

Your health and safety should come first. Once you are safe and have received any treatment you need, taking a few practical steps can also help protect your position and preserve evidence if you later decide to seek compensation for a workplace injury.

At Porter Wood Law, we help people understand their options after accidents at work. This guide explains what to do after a workplace accident, what evidence may be useful and when it may be appropriate to speak to a solicitor.

Speak to Porter Wood Law about your circumstances on 01772 203 303. You can also speak to a representative on live chat, or request a call back by completing our online contact form.

What should I do after an accident at work?

The steps below can help you look after your health, create an accurate record of what happened and preserve evidence that may later be relevant to an accident at work compensation claim.

1. Get appropriate medical treatment

If you have been seriously injured, seek medical attention immediately. Depending on the circumstances, this may mean receiving first aid at work, contacting your GP, attending an NHS urgent treatment service or going to hospital.

Even if your injury seems minor at first, seek medical advice if your symptoms persist, worsen or concern you. Medical records can also provide useful evidence of the injury, the symptoms you reported and when you sought treatment.

When speaking to a medical professional, explain accurately how the accident happened and the symptoms you are experiencing. Avoid exaggerating your symptoms, but do not minimise them either.

2. Report the accident to your employer

Report the accident to your employer as soon as reasonably possible. Many workplaces use an accident book, incident form or electronic reporting system. Ask for the incident to be recorded accurately and, where possible, keep a copy of the entry or report.

If you think the record is incomplete or inaccurate, raise this promptly. An incorrect description of the accident can create unnecessary disputes later.

If you did not report the accident straight away, this does not automatically mean you cannot make a claim. There may be a reasonable explanation for the delay. However, reporting the incident as soon as you can may make it easier to establish what happened.

3. Take photographs where it is safe to do so

Photographs can be valuable evidence in a workplace accident claim, particularly where the condition that caused the accident may later be repaired, moved, cleaned or replaced.

Depending on what happened, useful photographs may show:

• the location where the accident happened;
• machinery, tools or equipment involved;
• a spill, obstruction, uneven surface or other hazard;
• damaged or defective equipment;
• lighting or visibility conditions;
• personal protective equipment;
• the position of relevant objects; or
• visible injuries, where appropriate.

Only take photographs if it is safe and appropriate. Do not put yourself or anyone else at risk to obtain evidence.

4. Make a note of any witnesses

If anyone saw the accident, make a note of their name and, where appropriate, their contact details. Witness evidence may be important if there is later disagreement about how the accident occurred.

People who did not see the accident itself may still have relevant evidence if they saw the conditions immediately before the incident or what happened afterwards.

Do not pressure colleagues to give evidence or influence what they say. Simply record who was present and allow them to give their own account if required.

5. Write down what happened while it is fresh in your mind

As soon as you reasonably can, make a factual note of the accident. Memories can fade and details that seem obvious now may be harder to recall months later.

Your note could include:

• the date and time of the accident;
• where it happened;
• the work you were carrying out;
• what you believe caused the accident;
• who was present;
• what happened immediately afterwards;
• the injuries and symptoms you experienced;
• who you reported the incident to; and
• what medical treatment you received.

6. Keep documents and evidence relating to your injury

Keep copies of documents that may be relevant to your accident, injury or financial losses. These can help your solicitor understand what happened and assess any accident at work claim.

• accident book entries and incident reports;
• photographs and videos;
• emails, messages or letters about the accident;
• medical appointment details and fit notes;
• correspondence from your employer or an insurer;
• payslips and evidence of lost earnings; and
• receipts for travel, treatment or other injury-related expenses.

Also keep a record of any time you have been unable to work or have had to reduce your hours because of the injury. If your claim succeeds, evidence of financial losses may be relevant when compensation is calculated.

Want to discuss an accident at work claim?

Call us today on 01772 203 303 to find out how much compensation you could be entitled to. You can also use live chat to speak to a representative, or complete the online contact form to request a call back.

Can I make an accident at work claim if my employer says it was my fault?

Possibly. An employer saying that an accident was your fault does not, by itself, decide whether you have a valid accident at work claim.

Liability can depend on a range of factors. For example, it may be necessary to consider whether appropriate training, equipment, supervision, risk controls and a safe system of work were provided. Your own actions may also be relevant.

In some cases, an injured person may be found partly responsible for an accident. This is known as contributory negligence and it can affect the amount of compensation recovered. A solicitor can consider the evidence and advise how these issues may apply to your circumstances.

Can I claim if I still work for the same employer?

You should not assume that continuing to work for the same employer prevents you from seeking legal advice or making a claim. An accident at work claim will commonly involve the employer’s liability insurer rather than asking an individual manager or business owner to pay compensation personally.

If you are worried about the effect a claim might have on your employment, tell your solicitor. They can discuss your concerns with you and advise on the particular circumstances of your case.

Should I speak to my employer or its insurer about the accident?

You should be truthful when explaining what happened, but avoid guessing about things you did not see or know. Do not change your account simply because somebody else remembers the accident differently.

If your employer or its insurer asks you for a detailed statement about the accident and you are considering a compensation claim, you may wish to obtain independent legal advice before providing one.

What if I didn’t report my accident at work?

A missing or delayed accident report does not automatically prevent an accident at work claim. You may initially have thought your injury was minor, you may have been taken for medical treatment, or there may have been another reason the incident was not recorded straight away.

The absence of an accident book entry can make the circumstances harder to prove, but other evidence may still be available. This could include medical records, witnesses, photographs, CCTV, emails, messages, training records and other workplace documents.

How long do I have to make an accident at work claim?

There is generally a three-year time limit for bringing a personal injury claim in England and Wales, although important exceptions can apply and the precise deadline depends on the circumstances.

It is sensible to seek advice well before the deadline. Starting enquiries earlier can make it easier to obtain documents, identify witnesses and preserve evidence relevant to your claim.

What compensation could an accident at work claim include?

If an accident at work claim succeeds, compensation may cover the injury itself as well as certain financial losses caused by the accident. What can be claimed will depend on the facts of the individual case.

Depending on your circumstances, this may include:

• past or future loss of earnings;
• medical or treatment expenses;
• travel expenses;
• care and assistance provided by family members;
• rehabilitation costs; and
• other reasonable financial losses caused by the injury.

The value of an accident at work claim depends on factors including the nature and duration of the injury, its effect on your life and work, and the financial losses you have suffered.

When should I speak to an accident at work solicitor?

Not every workplace accident will lead to a successful claim. An employer is not automatically legally responsible simply because an employee has been injured at work.

A solicitor will usually need to look at how the accident happened, what caused it, whether the employer may have been negligent or otherwise legally responsible, what safety measures were in place, the evidence available and the injuries and losses you have suffered.

Getting legal advice does not mean you must proceed with a claim. It can help you understand your options and decide what you want to do next.

Accident at work claims: what should I do now?

If you have recently been injured at work, focus first on your health. Report the accident, preserve any relevant evidence and keep records of your injury, treatment and financial losses.

Do not assume you have no claim simply because your employer says the accident was your fault, because you still work for the business or because the accident was not reported immediately. Every accident at work claim turns on its own facts and evidence.

Speak to Porter Wood Law about your accident at work

If you have been injured at work and would like to understand whether you may have a claim, speak to Porter Wood Law. Call 01772 203 303, speak to a representative on live chat, or request a call back by completing the online contact form below