Injury of a member of staff at work 

Employers have a duty to tell their employees about health and safety issues that may affect them, to provide relevant safety equipment and training, and to provide a safe place to work.

Some workplaces are more hazardous than others. Whatever the injury suffered by an employee, it gives rise to certain duties on the part of the employer. The employer also has a duty to keep records of injuries and, in some cases, to report injuries to the Health and Safety Executive (HSE).

Reporting and recording injury

Employers, including the self-employed, have a legal duty to report injuries and accidents under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR).

Failure to report can lead to the employer being fined.

The employer must report serious work-related accidents, diseases and dangerous incidents to the Health and Safety Executive or, in Northern Ireland, to the Health and Safety Executive for Northern Ireland.

This is the case where there has been a death, major injury such as a broken limb, dangerous incident such as a gas leak, a work-related disease, or any injury that stops an employee from doing their normal work for more than three days.

Employers—bar very small companies—must keep an accident book, in which they record injuries at work, including minor injuries. This helps employers to form a picture of why the injury happened and to take steps to prevent similar injuries happening in future.

If you are self-employed and working in someone else’s premises and suffer either a major injury or an over-three-day injury, then the person in control of the premises is responsible for reporting, so, where possible, you should make sure they know about it.

All they have to do is call the Incident Contact Centre on 0845 300 99 23 and answer a few questions about the incident.

If there is a reportable accident while you are working on your own premises, or if a doctor tells you that you have a work-related disease or condition, then you need to report it.

Training

Employers have a duty to make sure employees and contractors are trained to work safely. They should be given clear information about any hazards and risks they may face, including how to deal with them, and what emergency procedures are in place.

Health and safety training should be paid for by the employer not the employee or contractor.

The employer should be alert to employees that may have particular training needs, for example, new recruits or workers taking on extra responsibilities.

The employer should also make sure adequate supervision is provided. It is best to keep records of what training has been provided, and to check with employees that the training is relevant to their work and of a suitable standard.

Sick pay

If an employee’s injury is serious enough to force them to take time off work, then they may be eligible for sick pay. What sick pay they receive depends on their employment contract.

The employer may have a scheme in place for sick pay, or there may be an arrangement in place between employer and employee regarding sick pay. If not, the employee will have a right to statutory sick pay after they have been off work for three days. Any workplace arrangement regarding sick pay must pay an equal or greater amount than statutory sick pay.

Is the employer at fault?

If the employee believes their employer is at fault, they may be able to bring a claim for compensation. Claims must be made within three years of the accident.

Employees bringing a claim may be advised by, and represented by, their trade union. Alternatively, they may hire a ‘no win, no fee’ personal injury lawyer. These claims are often settled before they come to court.

All employers have employer’s liability insurance, and should place a certificate with the name of their insurance company in the workplace, or hand over the details of their insurer on request. There may be an exception to this where the employer has no employees, or is a family business.