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Guide · Accidents at work
What to Do Immediately After an Accident at Work
Get medical help first, even if your injury seems minor. Then make sure the accident is recorded in your employer's accident book, take photos and get the names of any witnesses, and keep a record of your costs and lost earnings. If the accident wasn't your fault, get legal advice early. You usually have 3 years to start a claim, but evidence is easier to collect straight away.
After an accident at work, it's normal to feel unsure what to do, or worried about how your employer will react. This guide sets out the 5 steps that protect your health, your job and your right to claim.
- First priority
- Your health
- Record it in
- Your employer's accident book
- Keep
- Photos, witness details and receipts
- Usually paid by
- Your employer's insurer
Step 1: Get medical help
Your health comes first. Even if your injury seems minor, some injuries, such as concussion, back injuries and soft tissue damage, can get worse over the following hours or days.
- Call 999 in an emergency
- Go to A&E if you need urgent treatment
- See your GP, or call NHS 111 if you're not sure what to do
- Tell the doctor that you were hurt at work and how it happened
- Follow the medical advice you're given
Your medical records are also important evidence if you make a claim. They show what your injuries were, when your symptoms started, how serious they were and how they've affected you since.
Step 2: Report the accident
Tell your employer what happened straight away, or as soon as you reasonably can, and ask for it to be recorded in the accident book. Businesses with 10 or more employees must keep an accident book by law, and many smaller employers keep one too.
Make sure the record includes:
- The date and time of the accident
- Where it happened
- How it happened
- Your injuries
- The names of any witnesses
Ask your employer for a copy of the entry for your records. Certain serious injuries, and injuries that keep you off your normal work for more than 7 days, must also be reported to the HSE by your employer under RIDDOR 2013. That's your employer's responsibility, not yours.
What if my employer won't record it?
Send your employer an email or letter setting out what happened, when and where, and keep a copy. That gives you a written, dated record. A missing accident book entry doesn't stop you claiming.
Step 3: Keep the evidence
Evidence collected early can make the difference between a straightforward claim and a disputed one. If you're able to, or someone can do it for you:
Photograph the scene
Take photos of where the accident happened, including any spillage, broken flooring, poor lighting or other hazard.
Photograph the equipment
If faulty or unsuitable equipment was involved, photograph it before it's repaired, replaced or thrown away.
Keep damaged clothing or PPE
Don't throw away clothing, footwear or protective equipment that was damaged in the accident.
Get witness details
Note the names and contact details of anyone who saw what happened or knows about the hazard.
Ask for CCTV to be kept
If a camera may have recorded the accident, ask your employer in writing to keep the footage. Many systems record over it after a few days or weeks.
Write down what happened
While it's fresh in your mind, make your own notes of what happened, who was there and anything that was said.
Step 4: Keep a record of your losses
If your injury costs you money, you may be able to claim it back as part of your claim. These are known as special damages. Keep payslips, receipts and notes of:
- Lost earnings, including overtime and bonuses
- Prescription charges and treatment costs
- Travel to medical appointments
- Rehabilitation costs, such as physiotherapy
- Care and help given by family or friends, even if they weren't paid
Find out more in our guides to accident at work compensation and how compensation is calculated.
Step 5: Get legal advice early
Many injured workers put off speaking to a solicitor because they:
- Feel loyal to their employer
- Are worried about their job
- Think the accident was their own fault
- Think making a claim will be complicated
In practice, accident at work claims are dealt with by your employer's insurer. Employers must have employers' liability insurance by law, so your compensation doesn't come out of your employer's own pocket. If you're worried about your job, read our guide: can my employer sack me for claiming?
Getting advice early helps because:
- Your time limit is protectedYou usually have 3 years from the accident to start court proceedings. Getting advice early leaves time to investigate before the deadline.
- Evidence can be securedWe can ask for CCTV, accident reports and maintenance records before they're lost.
- You can get treatment soonerWe can ask the insurer to fund early rehabilitation, such as physiotherapy, while your claim goes on.
- We deal with the insurerWe handle the paperwork and negotiations, so you can concentrate on your recovery.
After an accident at work: FAQs
Can I claim if the accident was partly my fault?
Yes, you may still be able to. If you were partly responsible, your compensation may be reduced to reflect your share, but you're not automatically prevented from claiming. Your employer still had a legal duty to keep you reasonably safe.
What if the accident wasn't recorded in the accident book?
You can still make a claim. An accident book entry is helpful evidence, but it isn't essential. Medical records, witness statements, CCTV and photos can all support your claim. If the accident wasn't recorded, tell your employer in writing as soon as you can and keep a copy.
What if I didn't see a doctor straight away?
You can still make a claim. See a doctor as soon as you can and tell them you were hurt at work and how it happened. The sooner your injury is recorded, the easier it is to show it was caused by the accident.
Can my employer sack me for making a claim?
Your employer shouldn't treat you unfairly for making a genuine injury claim, and in practice it's rare, because their insurer pays the compensation. If you are dismissed or treated badly, the law may protect you, but the time limit for an employment tribunal claim is short. See our guide: can my employer sack me for claiming?
Who pays the compensation?
Your employer's insurer. Almost every employer must have employers' liability insurance by law, so the claim is dealt with by the insurer and compensation doesn't come directly out of your employer's business.
How long do I have to make an accident at work claim?
You usually have 3 years from the date of the accident to start court proceedings. If your condition developed over time, such as a repetitive strain injury, the 3 years may start from when you first knew it was linked to your work. There are different rules for children and people who lack mental capacity. See our guide to accident at work time limits.
Hurt at work? Talk to us early
Early advice can make a real difference to your claim. Talk to our accident at work team for free, with no obligation. We'll explain whether you have a claim, what it could be worth and what to do next. Eligible claims are handled on a No Win No Fee basis.