An employee getting injured at work is stressful for everyone involved. There's the immediate concern for the person who's been hurt. And then there's the question of what you need to do, legally.
This guide explains your responsibilities, what to do in the immediate aftermath and how to protect your business going forward.
Your legal duties as an employer
As an employer, you have a legal duty to protect the health, safety and welfare of your staff. This is set out in the Health and Safety at Work Act 1974.
That means you must:
- Carry out risk assessments and act on what they find
- Provide a safe working environment and safe equipment
- Give employees the information, training and supervision they need to work safely
- Have employers' liability insurance in place
These aren't optional extras. They're legal requirements. If an employee is injured and you haven't met these duties, you could face significant fines or legal action.
What to do immediately after an injury
The first priority is the person who's been hurt.
- Make sure they get first aid or medical attention straight away
- Call 999 if the injury is serious
- Don't move someone if they have a potential spinal or head injury, unless they're in immediate danger
Once the immediate situation is under control, you need to secure the scene. Don't remove or alter anything until you've recorded what happened. Take photos if it's safe to do so.
Reporting the injury: RIDDOR
Certain workplace injuries must be reported to the Health and Safety Executive (HSE) under RIDDOR. That stands for the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013.
You must report:
- Deaths at work
- Specified injuries, including fractures (other than fingers, thumbs and toes), amputations, loss of sight, crush injuries and serious burns
- Injuries that result in an employee being unable to work for more than seven consecutive days (not counting the day of the accident)
- Dangerous occurrences, even if no one was injured
You report through the HSE website. For most injuries, you have 15 days from the date of the accident. For deaths and specified injuries, you must report without delay.
Failing to report when you should is a criminal offence.
The accident book
You must record all workplace accidents in an accident book, regardless of whether they need to be reported to the HSE. This applies to any business with 10 or more employees.
Even if your business is smaller than that, keeping records is good practice. Write down what happened, when it happened, where it happened and who was involved. Note any witnesses.
These records can be important if a claim is made against you later. Keep them for at least three years.
Employers' liability insurance
If you employ one or more people, employers' liability insurance is a legal requirement in the UK. It covers you if an employee is injured or becomes ill as a result of their work and makes a claim against you.
You must be insured for at least £5 million, though most policies provide £10 million as standard. You need to display your certificate of insurance at your place of work or make it available to employees.
If you don't have this insurance, you can be fined up to £2,500 for every day you're without it.
Contact your insurer as soon as an injury occurs. Don't wait to see if a claim comes in. Delaying notification can affect your cover.
Supporting the injured employee
Beyond your legal duties, how you treat an injured employee matters. Being supportive, keeping in touch and making a genuine effort to help them return to work when they're ready is both the right thing to do and better for your business in the long run.
If they're off work for an extended period, you should keep in regular contact, without putting pressure on them to return before they're ready. Occupational health support can help with recovery and planning a phased return.
If the injury means they can't return to their previous role, you have further obligations around reasonable adjustments and, in some cases, redeployment. An employment lawyer can advise on the specifics.
If the employee makes a claim
An employee who has been injured at work may make a personal injury claim against you. This is their legal right.
If a claim is made, contact your employers' liability insurer immediately. They will handle the claim on your behalf. Don't admit liability or make any promises without speaking to your insurer first.
Having clear records of your health and safety measures, risk assessments, training and the accident itself will all help your position.
Preventing injuries in the first place
The best outcome is an accident that never happens. A few things make a real difference.
- Keep your risk assessments up to date and actually act on what they say
- Make health and safety training part of onboarding, not a box-ticking exercise
- Encourage staff to report near-misses and hazards without fear
- Review your accident book regularly and look for patterns
- Make sure equipment is properly maintained
Small businesses sometimes treat health and safety as something that only applies to large companies or heavy industry. It applies to every employer.
Frequently asked questions
You still have a duty of care towards contractors working on your site, even if they're not employees. You're responsible for making sure the premises and the working environment are safe. If a contractor is injured due to a hazard you should have done something about, you could still face a claim. Your public liability insurance, rather than employers' liability, would typically cover this.
You must pay Statutory Sick Pay (SSP) to eligible employees who are off sick, including those injured at work. SSP is currently £123.25 per week and is payable from the fourth day of absence. Your employment contracts may offer more than the statutory minimum. Check what you've committed to in writing.
Your duty of care still applies even if the employee contributed to the accident. However, if they were negligent, any compensation awarded in a claim may be reduced to reflect their share of responsibility. This is known as contributory negligence. Your insurer can advise on how this works in practice.
