It is also useful to the employer to help them prevent further accidents. Many employers have to keep a work accident book, but what are the exact requirements, and who is exempt? All companies with ten or more employees are required by law to have a work accident book on premises to record injuries. Information in the work accident book is legally required to be stored safely for three years.
Which sorts of accident need to be recorded, and which do not need to be recorded within the accident book? However, it is worthwhile reporting all forms of accidents. This includes accidents such as slips and trips, cut fingers, and minor injuries caused by faulty office equipment. Reporting minor accidents can reveal larger risks waiting to happen. Details of the accident can be entered into the work accident book either by the injured party or by a colleague.
Details of the date, name of the injured party, witnesses, full circumstances of the accident and resulting injuries must be entered into the accident book. Employees are required to inform their employers as soon as possible after the accident has taken place. If a worker is incapacitated and unable to work for more than seven days as the result of an accident, the employer must report the details of the accident as recorded within the work accident book.
When does an accident need to be reported to the HSE? In the case of more serious accidents — or deaths — in the workplace, it will be necessary for the employer to report the accident to the HSE under the RIDDOR regulations. Not all accidents have to be reported to HSE but there are specific accidents that must be reported. The accident must be reported by your employer, however if that has not happened you can report the accident on their behalf. The reasons your employer might not report the accident may be legitimate, such as being away from the workplace or it may be that they do not want the accident showing on their records for fear of investigation e.
For these, we have a separate near miss record book available Injuries to a person who is not at work i. What if I have less than 10 employees and my premises is not a factory, mine or quarry?
However, recording all accidents in an accident book is nonetheless a highly convenient way of complying with RIDDOR and meeting your other obligations under the Social Security Regulations, as well as simplifying compliance with privacy laws. What if what at first appears to be a minor injury turns out later to be worse than originally thought?
Additionally, what may start as just a minor injury resulting from a workplace accident may develop into something more serious if the employee continues to exert themselves. Bear in mind that even minor cuts can become infected and result in a much more serious condition. Finally, accident books are written and designed to comply with data protection laws and give you a simple, no-nonsense way of complying and safely storing the information for at least 3 years.
Simply remove the completed record from the book and physically secure it in a safe or other lockable container. The form only asks you to fill out the minimum information that is required for legal compliance and can be easily destroyed after three years or retrieved if a request for information is made. IT systems can fail, and files can easily be lost or forgotten when key personnel leave the business.
The employer is legally required to keep this information and it must be safely kept for a three year period. It should be kept in a safe location where the information is kept safe and secure. If a company has ten or more employees or if the company owns or occupies a mine, factory or a quarry, there is a legal requirement to have an accident book in public places.
However, even if an employer does not meet these criteria, or if they are a public place which does not have a requirement under this act to retain and record information, they must still make sure to record and report any incidents which fall under the RIDDOR as looked at above.
A full list of reportable incidents can be found here. If you have been hurt in a public place, such as at work, you could reasonably ask how long do I have to report an accident at work? The responsible party, such as an employer, should be informed of any accident in which you were hurt as soon as you can after the incident happening.
This is the same for whether you were hurt in a minor or a severe way. If you do choose to make a public injury claim you should be aware of the associated personal injury claims time limit within which you can do so. Whilst there are exceptions to this, in general, there is a three-year time limit within which you can make your claim.
This three year period begins from the date of the incident or the date from which you discovered your injury. The record in the accident book could serve as evidence of this date.
As such, we recommend that you record your accident as soon as possible and begin a claim at your earliest possible opportunity. To prevent an accident book in public places being misused there are procedures which you should follow when you file your report. Reporting accidents and incidents at work should be done straight away. If you were unable to do so immediately, you should do so as soon as you can. As the injured party, you should be shown the report as it is filled in and once it is completed.
If you are happy that the information has been recorded correctly, you should then confirm this. As personal injury claims or claims against public liability insurance have to be filed within a three year period, records contained in accident books in public places must be kept for at least a corresponding period of time.
This is to ensure the evidence is available to someone if they choose to file a claim within this period. There could be different reasons for why your accident has not been reported.
It could be that your injuries required immediate medical attention after which making a report was simply forgotten. It could also be that for one reason or another there is no accident book at work.
It could also be that the public place is deliberately attempting to prevent a record being made. Whatever the reason that there was no accident report book available or that a record was not made, this should not affect your ability to make a claim. You could still be able to make a claim based on other evidence, such as any medical evidence or witness statements. Having a record of your incident does however make the claims process easier to do. No win no fee agreements are designed to help people to claim compensation and to seek justice without having to worry about having to afford the fees and costs associated with doing so.
The agreement means that if your claim fails to be awarded compensation, there will be nothing for you to pay. Conversely, if you do win, the legal fees agreed in advance can simply be deducted from the settlement. Remember, if you do wish to make a public interest claim that you need to do so within a strict period of time.
As such, you need to ensure that you do begin the claims process within this time limit and do so as soon as you can after the incident has happened.
Personal injury and public liability claims could be complicated to conduct at times. As such, we always advise that people do so by using a competent personal injury lawyer. Ensure that you do contact our team to be connected with a personal injury lawyer who is experienced in your type of claim.
You can contact our team by clicking contact us above and filling in the contact form.
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