As a business owner, the last thing that you want to happen is an employee injuring themselves whilst they’re at work. However, if this does unfortunately happen, there are certain steps that you are expected to take as the employer to handle the situation appropriately. Below, discover what to do if an accident occurs in the workplace and key actions you can take.
Understanding Your Employee’s Rights If they Get Injured at Work
If an employee is injured in an accident at work, they have the right to:
- Receive sick pay if their injuries require them to take time off work. In the US, there’s no requirement to pay sick pay under the Family and Medical Leave Act. It all depends on the employee’s contract.
- Seek personal injury compensation if the workplace accident was caused by you (as the employer) breaching your duty of care. All employers owe a legal duty of care to their employees. In the UK, this is stated in the Health and Safety at Work etc. Act 1974. Employers must take practical steps to reduce hazards, minimise the risk of injury, and ensure safety within the workplace. So, if you fail to comply with this legal responsibility, a workplace accident claim could be made against you if an employee is injured due to this.
- Leave the workplace if they feel like their health and safety are being put at risk.
- You cannot dismiss an employee if they have an accident at work unless it was their gross negligence that caused it.
You cannot legally stop an employee from doing any of the above.
What to Do If an Accident Occurs in the Workplace
In the following sections, you can find what to do if an accident occurs in the workplace as an employer.
Provide Medical Attention
Firstly, as soon as you are aware that an employee has been in an accident, you should ensure that they are free from any other dangers. Then, you should seek medical attention.
There should be at least one designated trained first-aider within the workplace. They should attend to the employee if the injury is minor and less severe (for example, superficial wounds).
If the injury is more severe and more urgent medical attention is needed (for example, if they have a broken bone or a concussion), then call for an ambulance immediately.
Record the Accident in the Workplace Accident Book
If your business has a number of employees, then legally there should be an accident book within the workplace.
These facts should be recorded in the accident book after an accident has happened at work:
- The time and date the accident happened.
- The injured employee’s job title and name.
- The injuries sustained in the accident.
- How the accident happened in detail.
- Details of what happened to the injured employee (for example, whether they went to the hospital) and what first aid was given.
- The signature and name of the person who recorded the incident in the accident book and of the injured employee if possible.
You can then use these reports to conduct your own investigation. You may find that if a lot of workers suffer injuries caused by lifting and handling, for example, that you may need to strengthen this area.
Report the Accident Under Legislation
Employers are responsible for reporting certain incidents if they’re sufficiently serious. In the UK, for example, there is a strict reporting system called RIDDOR. RIDDOR stands for The Reporting of Injuries, Diseases and Dangerous Occurrence Regulations 2013. It is a workplace health and safety legislation that requires reportable incidents to be reported to a government body called the Health and Safety Executive (HSE). A couple of examples are leg fractures and burns that cover more than 10% of the body.
Failure to submit a RIDDOR report when necessary could result in a fine.
In the US, a similar system exists. The Occupational Safety and Health Administration (OSHA), a federal agency under the United States Department of Labor, requires companies to report serious accidents at work, illnesses, and fatalities.
Report The Accident to Your Liability Insurer
In the US, employers aren’t legally required to have insurance to cover themselves, however many do. In contrast, UK law requires all companies to have insurance. This ensures that you, as the employer, have at least some level of protection which will help you meet the costs of compensation in case any accident at work claims are made against you.
It is important to read the specific insurance policy from your insurance provider. This will stipulate which workplace accidents need to be reported to them. If a claim against you is made, you will be questioned by your liability insurer if you have not reported the incident.
Hopefully, you are now fully equipped on what essential steps you will need to take if one of your employees has an accident in the workplace.
