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Health and Safety and Work Accidents When you are work you have the right to be protected from harm by your employers. Health and Safety laws place responsibilities on your employer to ensure your protection. The extent of work your employer will need to undertake to discharge their responsibilities is dependent on the nature of your work and the potential hazards. For example, an employer of office staff will not have so many risks to be alert to as a factory or construction site employer. Your Employer's Health and Safety Responsibilities Your employer has to carry out a risk assessment. This will involved them looking at all aspects of the workplace and seeing how employee's might come into harm as a result of machinery or working practices. Any problems highlighted should be rectified as soon as possible to prevent any injuries to the workforce from being sustained. In addition the risk assessment, your employer must also assess how many first aiders are required for the size of the workforce and the risks of injury involved. The responsibility does not solely fall at the feet of the employer; every employee also has a responsibility to ensure their own health and safety. Accident Books Every employer must keep an accident book. This is used to record all accidents and injuries that occur on site, even minor ones. This could be useful for you if you subsequently decide to pursue a claim for compensation as it is a record of the accident occurring. The details of any accidents should be recorded in the book as soon as possible after the event. Reporting Of Any Accidents or Incidents to the HSE In many circumstances, your employer must report an accident to the Contact Centre of the Health and Safety Executive (HSE). The following incidents should all be reported: There is a death A serious injury is suffered on site such as broken arms, legs or skull fractures A dangerous incident occurs on site such as scaffolding or a roof collapsing Someone is injured and is unable to return to work for more than three days There is a disease on site Although it is your employer's health and safety obligation to report these events, if they do not do so you can call the HSE to ensure that the event is properly investigated. Sick pay If you are absent from work as a result of the accident you will be entitled to Sick Pay. This may only be statutory sick pay, although some employers include a more generous scheme. You will be able to find whether this applies to you by checking your contract or letter of employment. If you do lose earnings as a result of your accident (including any lost bonuses or overtime), these can be included as a part of any successful claim for compensation. Claiming Compensation For Your Accident If the accident at work caused you to suffer an injury that was more than trivial, you may well be entitled to claim compensation. This involves claiming compensation for the pain and suffering experienced, but also includes a claim for any lost earnings, travel expenses and any damaged clothing or other property. Any successful claim for compensation will be paid by your employer's insurance company, not from their profits. Therefore, making a claim should not affect your employment (and if it does this can lead to an additional Employment Compensation Claim Summary Of Action Record any accident and details of the injury in the accident book Ensure that your employer has reported the accident to the Health and Safety Executive (or you can report it yourself if appropriate) See what Sick Pay you are entitled to by reviewing your letter or contract of employment Contact a specialist Work Accident Claims solicitor to see if you can make a claim for compensation
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