Understanding your rights: accident at work and employer responsibility 

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It’s your employer’s responsibility to keep you safe while at work. That includes ensuring a safe workplace, carrying out risk assessments, making sure all staff are adequately trained, and keeping up to date with relevant health and safety regulations.  

If you’ve had an accident at work, or you’re concerned about workplace safety, it’s important to know your rights, as well as understanding what the responsibilities of your employer are in preventing and managing workplace accidents.  

Accident at work: what are my employer’s responsibilities?  

Under health and safety law, an employer has a range of responsibilities. According to The Health and Safety Executive (HSE), organisations must: 

• assess risks to employees, customers, partners, and any other people who could be affected by their activities; 

• arrange for the effective planning, organisation, control, monitoring, and review of preventive and protective measures; 

• have a written health and safety policy if they employ five or more people; 

• ensure they have access to competent health and safety advice; 

• consult employees about their risks at work and current preventive and protective measures. 

There are numerous laws covering the various responsibilities that employers must prevent accidents at work and ensure employee safety. Here are some pieces of legislation; The Health and Safety at Work etc. Act 1974 (HSWA), The Management of Health and Safety at Work Regulations 1999, and The Corporate Manslaughter and Corporate Homicide Act 2007.  

Assessing potential risks  

It is an organisation’s duty to conduct regular risk assessments to identify and mitigate workplace hazards. Under the Management of Health and Safety at Work Regulations 1999, an employer should assess the risks to health and safety that employees are exposed to while they are at work.  

According to the HSE, the minimum an employer must legally do in managing risks is:  

• identify what could cause injury or illness in your business (hazards) 

• decide how likely it is that someone could be harmed and how seriously (the risk) 

• take action to eliminate the hazard, or if this isn’t possible, control the risk 

Listening to employees’ concerns  

Listening to employee concerns regarding health and safety is important as it will help an organisation improve the safety of staff and avoid potential accidents at work.  

By law, employers have a responsibility to consult with their employees on health and safety issues. This obligation is laid out in The Safety Representatives and Safety Committees Regulations 1977 and The Health and Safety (Consultation with Employees) Regulations 1996.  

Maintaining the equipment  

It is crucial that workplace equipment is properly maintained. Not only will this keep equipment working effectively, more importantly, it will help prevent accidents in the workplace.  

The HSE outline the responsibilities that employers have around maintenance of plant and equipment. They say:  

The Provision and Use of Work Equipment Regulations 1998 (PUWER) require that: 

• all work equipment be maintained in an efficient state, in efficient order and in good repair; 

• where any machinery has a maintenance log, the log is kept up to date 

• maintenance operations on work equipment can be carried out safely 

Providing proper training  

All employees should expect to be given adequate training so that they can carry out their duties safely. Whether that’s in-house training or something more formal, it is an employer’s duty to ensure that staff are adequately trained. 

Employers must also provide supervision. The HSE outlines the obligations of employers in relation to supervision and highlights that there are some workers who might need more supervision, including young people and those who don’t speak English as a first language.  

Providing safe facilities  

As part of their obligations, your employer must provide a safe working environment for everyone. According to the HSE, there are three key areas they must cover to ensure staff have the right facilities: 

• welfare facilities: your employer should ensure that there is an adequate number of toilets and washbasins, that there is access to drinking water, and there is somewhere to rest and eat.  

• a healthy working environment: this includes ensuring the workplace is clean, a reasonable temperature, that there is good ventilation, as well as suitable lighting, enough space, and seating.  

• a safe workplace: equipment should be well-maintained and there should be no obstructions on floors and in traffic routes. Windows should be able to be easily opened and closed.  

Businesses with 5 employees or more: health and safety policy  

Although all businesses are required to have a health and safety policy under the HSWA, if an organisation has five or more employees, they are required to have their health and safety policy written down. Further guidance on how to create your health and safety policy can be found on the HSE website, here.  

Industry-specific requirements  

Due to the hazards involved in certain workplace activities, some industries have additional requirements when it comes to health and safety. Below are some of the instances where employers have extra legal requirements to adhere to, to ensure employee safety.  

Forklift trucks – employers involved in the operation of rider-operated lift trucks will need to ensure they follow the provisions of the Approved Code of Practice (ACOP). The guidance, which is issued by the HSE, outlines the main legal requirements for forklifts, as well as giving information on training requirements, safe use of lift trucks, and maintenance.  

Working at height –The Work at Height Regulations were brought in to try and prevent the serious injuries and fatalities caused by falls from height in the workplace. According to the HSE, before working at height, you must:  

• avoid work at height where it is reasonably practicable to do so;  

• where work at height cannot be avoided, prevent falls using either an existing place of work that is already safe or the right type of equipment; 

• minimise the distance and consequences of a fall, by using the right type of equipment where the risk cannot be eliminated. 

Further information can be found in the HSE’s Guide to Working at Height.  

Construction – construction is a particularly hazardous industry, often involving heavy machinery, working from height and hazardous materials. Therefore, employers in construction will need to ensure they abide by the relevant legislation and guidance. The HSE outline the laws and regulations around construction, which include the Control of Substances Hazardous to Health Regulations (COSHH) 2002 and the Construction (Design and Management) Regulations 2015.  

Working with electricity – businesses where staff are involved in working with electricity will need to adhere to The Electricity at Work Regulations 1989. Among the guidance, the regulations highlight the importance of technical knowledge and experience, as well as supervision, when working with electrical equipment.  

Confined spaces – The Confined Spaces Regulations 1997 outlines the additional legal obligations which must be followed for work of this type.  

Hazardous substances – the main legislation covering the use of hazardous substances at work is the Control of Substances Hazardous to Health Regulations (COSHH) 2002. COSHH states what is required of employers in controlling and preventing exposure to hazardous materials. As outlined by the British Safety Council, hazardous materials might include: liquids, solids, fumes, dust, vapours, fibres, nanoparticles, mists, gases, and biological agents such as bacteria and viruses. 

Asbestos control – although now banned, asbestos was used widely in building work between the 1940s and 1980s. Exposure to asbestos without the right protection can cause serious illnesses such as mesothelioma, so there are strict regulations around working with asbestos. The HSE share legislation around asbestos safety.  

Employer’s responsibilities in case of an accident  

If an employee has been involved in an accident at work, there are certain steps their employer must take to meet their legal duty under health and safety law. Depending on the type and severity of the incident, these steps include providing first aid, keeping a record of the incident, reporting the accident to the relevant body, and investigating the accident or complaint.  

Providing adequate first aid  

If you’re taken ill or you’ve had an accident at work, it is your employer’s responsibility to ensure you receive immediate help. As explained by the HSE, they must also ensure that they have a well-stocked first aid kit, an appointed first aider, and that there is information for employees on first aid arrangements.  

Recording the accident in the accident book  

For organisations with more than 10 employees, there must be an accident book at work, where all incidents should be recorded. As explained by the HSE, accident reporting at work can be helpful in identifying patterns of similar incidents.  

Reporting the accident – RIDDOR report  

Certain accidents at work will need to be reported under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations, or RIDDOR.  

Reportable incidents include deaths, serious injuries, incidents where someone is unable to work for seven days, occupational diseases, near misses, incidents involving gas, and injuries to non-workers. Full details of reportable incidents, including which injuries must be reported can be found on the HSE website.  

Investigating accidents  

While it makes good sense to investigate any incidents in order to help prevent further accidents at work, your employer also has a responsibility to do so.  

As explained in the HSE workbook: Investigating accidents and incidents, “The Management of Health and Safety at Work Regulations 1999, regulation 5, requires employers to plan, organise, control, monitor and review their health and safety arrangements. Health and safety investigations form an essential part of this process,” 

Do these rules apply to self-employed workers and zero-hour contracts?  

Employers are still responsible for the health and safety of employees who are on zero hours contracts, so, if you’ve had an accident at work and you are on a zero hours contract, you could be eligible to make a claim for compensation.  

If you’re self-employed, we’d recommend that you speak to a professional to understand your rights, as there are nuances to consider in relation to liability. As a self-employed person, you hold some responsibility for your own health and safety at work. However, dependent on the location and specific circumstances of your work, there could also be some liability that lies with other parties.  

If your employer shows resistance  

Your employer should take concerns around health and safety seriously, but if you’re facing resistance in the workplace regarding health and safety or you need advice, you can report a health and safety issue to the HSE. You can do this online, or you can contact them by phone. The HSE don’t have to share the issue with your employer if you’d prefer they don’t.  

If you’re concerned about losing your job after making an accident at work claim, it’s worth noting that your employer cannot terminate your employment for this. If you do encounter difficulties, you can speak to Citizens Advice for help.  

If you’ve had an accident at work that was deemed your fault, or you were partly at fault, you still could be eligible to make a claim. Liability can be complex; it could be that the accident wasn’t your fault after all, or that your employer was still negligent and therefore liability is split. In cases like this, you may still be able to claim compensation so it’s always worth getting legal advice; our accident at work experts will be able to tell you whether you may have a claim.  

Seeking compensation  

If you’ve sustained an injury caused by an accident at work, you have the right to seek compensation. Employers are required by law to have employer’s liability insurance, so if you make a claim, it is your employer’s insurer who will be paying your compensation, rather than the employer.  

The law around accident at work claims can be complex, but we work with a network of solicitors who specialise in cases like yours and can help you build a successful claim for compensation. Steps to making a claim:  

Step 1: Simply call our friendly agents on 0800 182 2189 or request a callback. We will complete a free claim assessment, discussing your potential claim. 

Step 2: Once we’ve confirmed that your personal injury claim assessment is successful, our friendly UK customer care team will put you in touch with a partnered expert personal injury solicitor to progress your claim. They will work hard to get you the maximum compensation available.     

Step 3: Your solicitor will gather evidence and will notify the negligent party that you wish to begin claim proceedings. With your solicitor negotiating on your behalf, you will either win the compensation you deserve, or you’ll pay nothing as per their  No Win No Fee* guarantee.   

*Typically, customers pay 25% including VAT of the compensation amount that is recovered by our third-party law firms, although this is subject to your individual circumstances and the actual fee may be more or less than this. Termination fees may apply if you do not keep to the terms of the agreement. 

Understanding your rights at work with The Compensation Experts  

In this article, we’ve outlined employers’ responsibilities in preventing an accident at work. We’ve considered obligations around risk assessment, the importance of equipment maintenance, responsibilities around training, and providing a safe workplace. We’ve also looked at the responsibilities employers have around first aid and reporting, as well what you should do if you’re facing resistance from your employer around health and safety.  

Making a claim after an accident at work can be daunting, but our team of experts are here to listen. For a free claim assessment , get in touch on 0800 182 2188 or request a callback.  

How we research our articles:  

We work closely with law firms who specialise in various areas of personal injury law. As part of our relationship with our partner law firms, we have direct access to their legal expertise, and use this to help inform our articles and online resources. All legal information is validated by experts in their field, and any additional information is backed up by reputable resources; such as gov.uk, Citizens Advice and the NHS website.