Is It a Legal Requirement to Keep an Accident Book

OSHA Record Requirements During the COVID-19 Pandemic An accident record is a place where workplace incidents and accidents can be recorded. It documents the type of incident that occurred, the person(s) involved, the date, time and location of the incident, and much more. Recording this information can alert you to recurring accidents so you can take additional health and safety measures, and it can also cover you if a claim is made by an employee or contractor. If you had to pay expenses because of your accident, we recommend that you record those expenses, such as receipts, invoices or bank statements. In the case of reportable RIDDOR accidents, an HSE report must also be prepared. Want to know more about workplace injuries to report to RIDDOR? While the lack of a record of the workplace accident in which you were injured would complicate the claims process, it doesn`t mean it would be impossible. Therefore, you should seek legal advice as soon as possible so that a lawyer can determine if your employer has breached its duty to keep you safe at work and whether the fact that it has not reported an incident to a competent authority or recorded an incident means that it has acted illegally. By law, all employers are required to keep an accident register. It is an important document for them and their employees to ensure that a legal record of work-related injuries or incidents is created. In order to prevent misuse of the accident report, there are certain procedures for completing an accident report.

To prevent an accident record from being misused in public places, there are procedures you must follow when submitting your report. Reporting of workplace accidents and incidents should be immediate. If you were not able to do this immediately, you should do so as soon as possible. As an aggrieved party, you should see the report as it is completed and as soon as it is completed. If you acknowledge that the information has been collected correctly, you must confirm this. If you have suffered an injury as an employee, you are not legally required to record it in the accident log, although this is recommended. Health and safety can often be a major nuisance for business owners. So many measures and procedures that it is enough to cause headaches, but an accident book can actually come in handy. If one is used, it can benefit both the employee and the employer. For starters, it shows that the employer cares about its employees.

The legal obligation of an accident record falls under the Social Security (Claims and Payments) Regulations 1979 (called SSCPR for the rest of the body). The need to keep an accident record is hidden in Rule 25 of the RSCPR. Checking records in the accident log could help workplaces identify current hazards. You may want to help an employer determine if they need to implement the following: The pages of the accident log must be removed once completed. This makes it possible not to make available to people with access to the accident record. It is not necessarily your employer`s responsibility to record injuries in workers` compensation records. This can be done by any employee. If you are involved in an accident at work and are able to do so, you can fill in the accident book yourself. “No Gain” agreements are designed to help people claim compensation and seek justice without having to worry about having to pay the associated fees and costs. The agreement means that if your claim is not compensated, there is nothing to pay for you. Conversely, if you win, legal fees (agreed in advance) can simply be deducted from the settlement. According to RIDDOR legislation, you must contact the HSE if an accident needs to be reported.

The key to successfully filing a work-related bodily injury lawsuit against an employer if the incident has not been recorded or reported is to gather as much evidence as possible to support your case. Without the necessary evidence and relevant information leading up to the time of the workplace accident, the search for compensation could become much more difficult. A personal injury lawyer would help you find out what evidence would strengthen your claim, and if it is determined that your employer has not reported an incident to the appropriate authorities, the lawyer will act on your behalf to pursue your case. If you`re wondering, “If there wasn`t a report in the accident logbook, can you still claim it?”, we hope this guide helped. If you would like to speak to legal counsel about this or a similar request, you can contact Legal Expert today using the contact details above. While it is perfectly legitimate for the injured party to complete the accident record book themselves, it is probably preferable for a witness or colleague to do so. While you want to think that the employee would honestly and accurately describe what happened, you can never be too careful. An accident record can be used as a clue when it comes to explaining a missed work required due to the injury. They can also help you if you decide to seek compensation. By Marlon Cooke. Last updated September 16, 2022.