Accident investigation

[thejamman]

Hello, could someone please tell me, after an accident at work....is an accident investigation a legal requirement.

[honeybee13]

Hello there.

 

Could you tell us a bit more about the accident please? I think the answer could well be less, but give us some more information and we will be able to advise you.

 

HB

[Emmzzi]

paper cut, no, lost hand, yes...

[thejamman]

The accident was an injury to an ankle following a slip on some grating which had not been cleaned properly. It resulted in an operation after 2 months of sickness. The accident was recorded in the accident log. The company did not carry out an accident investigation, did not report to RIDDOR and did not do review the risk assessment following the accident. Riddor is a legal requirement and the risk assessment is contrary to reg 3. of the Management of Health & Safety at Work Regs.....but is the accident report a legal requirement?

[rebel11]

Hi thejamman

 

All accidents need to be entered into the 'Accident Book', all places of work should have one. Serious Accidents have to be reported and an investigation is carried out.

 

Further reading:- http://www.hse.gov.uk/riddor/

 

Headings on the left explain what needs to happen.

[king12345]

paper cut, no, lost hand, yes...

I know of people taking 2 weeks off for a paper cut!

[Atlas01]

offices are dangerous places!

 

http://metro.co.uk/2012/08/03/nhs-health-and-safety-chiefs-ban-dangerous-metal-paper-clips-520906/

 

Anyhow, only law is riddor reportable, those which are not come under HSE guidance which is permissable in court as a "guide" on what an employer should have done as part of a case but not as strong as a code of practice or regulation. The larger the employer the larger the onus to follow the guidance

 

In my experience the HSE add a failure to riddor to a larger case breach under the HASAWA but i'd not be the slightest surprised if they didn't really care too much even on making a compliant to them unless your employer has previous breaches and/or convictions. It may be something as simple as them writing or phoning the employer to remind them of their duties.

 

The investigation is there so they can evidence the cause of the accident and them failing to do one greatly undermines their position not yours, if you do claim then don't be surprised if something materialises though.

 

If your company completed the form and did not dispute your description any personal injury solicitor will rub their hands at that claim with the riddor breach and defect in premises

 

bread and butter claim if it wasn't disputed with evidence from their side that you shouldn't have been there or it was clean etc.