What Is The Employer’s Responsibility If An Employee Is Injured At Work?
Published: June 24, 2019
Author: admin

It is an employer’s responsibility to ensure the safety of their staff while at work, ensuring that the workspace is safe, secure and is compliant with health and safety regulations.

But what if the incident was or is entirely out of the employer’s control? Here Karen Holden, employment lawyer and Founder of A City Law Firm, outlines the responsibility of employers and provides advice on what they should do if an employee is injured.

The Health and Safety at Work Act (1974) governs the laws on health and safety management in the workplace. Responsibility lies with the employer and employee; employers have a duty to ensure the safety of their employees, and employees have a duty towards themselves and each other to take reasonable care of their own safety and the safety of others.

These duties are based on the principle of “so far as is reasonably practicable”, meaning that an employer need not take measures to reduce the risk if it would be grossly disproportionate to the risk itself. Generally, employers should take a sensible approach to ensuring a safe working environment.

There are various measures employers can take to reduce the risk of injury to their employees and others in the workplace:

PREPARE A HEALTH AND SAFETY POLICY

Every business should have a policy for managing health and safety and should detail who has specific responsibilities, the general health and safety policy and what practical arrangements are in place showing how policy aims will be achieved. The policy could be contained within the staff handbook which should be readily accessible to all employees.

CARRY OUT RISK ASSESSMENTS

Employers must make “suitable and sufficient” risk assessments which must be periodically reviewed and updated. For businesses with more than 5 employees, risk assessments must be written down and should record the hazard, how that hazard may harm people and what is already being done to control this hazard.

PROVIDE INFORMATION AND TRAINING

Training should be effective, easy to understand and should take place during working hours. Employers should consider whether any contractors or self-employed people are working for them, as it is likely that they will require their own insurance and some health and safety laws may not apply.

DISPLAY THE HEALTH AND SAFETY LAW POSTER

There are various versions of this poster; the most appropriate (depending on where the business is based) must be displayed on all business premises. Alternatively, the leaflet equivalent of this poster must be provided to employees.

Despite taking all reasonable measures to ensure a safe working environment, there will always be a risk of an accident in the workplace. Should an employee be injured at work, there are a number of things an employer should do:

REPORT ALL ACCIDENTS

Under social security law, businesses with more than 10 employees must keep an accident book, into which all accidents, no matter how minor, should be recorded. It should detail the time, date, the injured person, witnesses and the nature and extent of the injury. Accidents must be recorded where it results in the incapacitation of an employee for 3 consecutive days.

More severe injuries such as serious burns, occupational diseases, gas incidents and death must be reported in a RIDDOR report under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013. Such reports must be made within 15 days of the accident.

NOTIFY THE EMPLOYER’S INSURANCE COMPANY

It is important to notify the insurance company as soon as an accident occurs. This is so that a claims investigator can be appointed to investigate the accident immediately in case an accident turns out to be much more serious than anticipated, and a claim is made against the business.

GIVE EMPLOYEES AMPLE TIME OFF

Ensure that employees are given appropriate medical treatment as well as ample time off to recover.

IMPROVE HEALTH & SAFETY

Revisiting risk assessments will allow employers to figure out how the accident may have come about. There will also be an opportunity to consider what further or better adjustments can be made in order to prevent similar accidents.

Unfortunately, accidents at work are quite common and depending on the business or industry they are inevitable. In order to avoid or minimise the risk of an accident, employers should continually assess the working environment of their employees and consider what practical steps can be taken to further prevent any accidents. In the event an accident does occur it is best practice to ensure that the above procedures are followed. Failure to do so may result in further accidents and also claims in respect of those accidents may be brought against the company.

Karen Holden

Founder and MD


Karen is the visionary founder of A City Law Firm, recognised globally and ranked by Chambers & Partners. She has years of legal expertise s in advising founders and businesses in all sectors , but particularly in cutting-edge sectors such as AI, blockchain, fintech, and autonomous technology.

Her firm stands at the forefront of innovation, providing bespoke legal solutions for businesses preparing for investment, navigating international expansions, and protecting intellectual property in rapidly evolving industries. Her idea to offer fixed fees and packages are born with her vision to offer accessible but bespoke legal services to everyone.

Director & Head of Commercial Team

Founder and MD


Jacqueline heads up our Corporate and Commercial Team, is a Director of the Firm and sits on the Management Team. She is a confident and skilled negotiator, achieves favourable results for her clients and is a seasoned innovator.

Jacqueline head up a specialist team of lawyers best placed to advise on new innovation. Whilst she oversees all work undertaken by her team, she also runs the more complex investment rounds and enjoys working with those looking to disrupt their marketplace or using new and innovative technologies. She has specialist experience in crypto-currency and block chain, where she runs a steering panel of experts in this field as well as giving expert commentary and talks. She has a passion and understanding of machine learning and AI and works closely with our clients in developing their IP, business and securing investment. She has an array of clients across a multitude of sectors and disciplines, each at varying stages of funding, expansion and exits.

PRESS, AWARDS, TESTIMONIALS, ARTICLES

Silenced by Fear: A Guide to Addressing Sexual Harassment from Those in Power

Introduction Sexual harassment can occur in many contexts, not just in the workplace. When the harasser is in a position of power—be it a manager, investor, joint venture partner, or any influential figure—it can create a climate of fear that discourages victims from...

From partners to rivals | Protecting your company using restrictive covenants

If a founder or shareholders or senior managers relationship sours, things can go wrong very quickly causing the company distraction and financial losses. This is compounded if on exit the departing individual seeks to poach clients or staff seeks to work with a...

Navigating Fashion’s Legal Landscape: Essential Guidance for Designers and Entrepreneurs

Introduction: Fashion Week is more than just runways and glamorous designs it's also a pivotal time for designers, entrepreneurs, and brands to reassess their legal strategies. As the fashion industry faces unique challenges heading into 2025, including new...

From Partners to Rivals: Protecting Your Company through restrictive covenants

Today, we’re tackling an issue that can make or break your business—restrictive covenants and their role in protecting your company during shareholder, director or staff disputes. We will touch on their importance, how these should be incorporated into your documents...

Protecting AI Innovations: Strategies and Guidelines – Part 2

As Artificial intelligence (AI) continues to evolve, its intersection with Intellectual Property (IP) law has become a crucial consideration for innovators. The UK Intellectual Property Office (IPO) has a set of detailed guidelines to evaluate if AI inventions are...

The Life of a Disruptive Lawyer: Innovating Legal Practice in Emerging Technologies ran by a Mum & Female Founder

In the staid and often stolid world of law, disruption is not a term often associated with the legal profession. Yet, at A City Law Firm , disruption is our modus operandi. From pioneering payment plans to engaging with cutting-edge technology, we have redefined what...

Protecting AI Innovations: Strategies and Guidelines – Part 1

As Artificial intelligence (AI) continues to evolve, its intersection with Intellectual Property (IP) law has become a crucial consideration for innovators. The UK Intellectual Property Office (IPO) has a set of detailed guidelines to evaluate if AI inventions are...

Tackling workplace toxicity

In today’s interconnected work environment, whether through face-to-face interactions, virtual meetings on Teams, or other communication platforms, issues such as derogatory comments, bad-mouthing employers and management, bullying and discrimination are prevalent....

Navigating the metaverse | Potential challenges for employers and employees in the UK

With the rapid advancement of technology, the concept of the metaverse is no longer confined to the realm of science fiction it is here. As virtual reality, augmented reality, and other immersive technologies converge, the metaverse is becoming increasingly tangible....

IP Licenses: When do you need one and what are the essential terms it must have?

As technology lawyers working in emerging technology, our biggest value is protecting and commercialising the founders IP The why ? In the fast-paced world of intellectual property (IP), safeguarding your creations is paramount. Whether you’re an inventor, artist, or...