17 Apr INJURY IN WIGAN GOLBORNE NO WIN NO FEE CALL 01942-665700
ACCIDENT REPORTING AT WORK
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ACCIDENTS AT WORK CALL NOW ON 01942-665700.
Deaths and injuries at work.
If someone has died or has been injured because of a work-related accident this may have to be reported. Not all accidents need to be reported, other than for certain gas incidents, a RIDDOR report is required only when:
the accident is work-related
it results in an injury of a type which is reportable
Types of reportable injury
The death of any person
All deaths to workers and non-workers, with the exception of suicides, must be reported if they arise from a work-related accident, including an act of physical violence to a worker.
Specified injuries to workers
The list of ‘specified injuries’ in RIDDOR 2013 replaces the previous list of ‘major injuries’ in RIDDOR 1995. Specified injuries are (regulation 4):
fractures, other than to fingers, thumbs and toes
any injury likely to lead to permanent loss of sight or reduction in sight
any crush injury to the head or torso causing damage to the brain or internal organs
serious burns (including scalding) which: covers more than 10% of the body
causes significant damage to the eyes, respiratory system or other vital organs
any scalping requiring hospital treatment
any loss of consciousness caused by head injury or asphyxia
any other injury arising from working in an enclosed space which: leads to hypothermia or heat-induced illness
requires resuscitation or admittance to hospital for more than 24 hours
For further guidance on specified injuries is available.
Over-seven-day incapacitation of a worker
Accidents at work must be reported where they result in an employee or self-employed person being away from work, or unable to perform their normal work duties, for more than seven consecutive days as the result of their injury. This seven day period does not include the day of the accident, but does include weekends and rest days. The report must be made within 15 days of the accident.
Accidents must be recorded, but not reported where they result in a worker being incapacitated for more than three consecutive days. If you are an employer, who must keep an accident book under the Social Security (Claims and Payments) Regulations 1979, that record will be enough.
Non fatal accidents to non-workers (eg members of the public)
Accidents to members of the public in Golborne Ashton In Makerfield or Wigan or others who are not at work must be reported if they result in an injury and the person is taken directly from the scene of the accident to hospital for treatment to that injury. Examinations and diagnostic tests do not constitute ‘treatment’ in such circumstances.
There is no need to report incidents where people are taken to hospital purely as a precaution when no injury is apparent.
If the accident occurred at a hospital, the report only needs to be made if the injury is a ‘specified injury’ (see above).
Employers and self-employed people must report diagnoses of certain occupational diseases, where these are likely to have been caused or made worse by their work: These diseases include (regulations 8 and 9):
carpal tunnel syndrome;
severe cramp of the hand or forearm;
hand-arm vibration syndrome;
tendonitis or tenosynovitis of the hand or forearm;
any occupational cancer;
any disease attributed to an occupational exposure to a biological agent.
Injury claims should be dealt with by qualified Solicitors.
CALL MARK OR KEN FOR NO WIN NO FEE ADVICE ON 01942-665700.
Further guidance on occupational diseases is available.
Specific guidance is also available for:
diseases associated with biological agents
Dangerous occurrences are certain, specified near-miss events. Not all such events require reporting. There are 27 categories of dangerous occurrences that are relevant to most workplaces, for example:
the collapse, overturning or failure of load-bearing parts of lifts and lifting equipment;
plant or equipment coming into contact with overhead power lines;
the accidental release of any substance which could cause injury to any person.
Further guidance on these dangerous occurrences is available.
Additional categories of dangerous occurrences apply to mines, quarries, offshore workplaces and relevant transport systems (railways etc).
Distributors, fillers, importers & suppliers of flammable gas must report incidents where someone has died, lost consciousness, or been taken to hospital for treatment to an injury arising in connection with that gas. Such incidents should be reported using the Report of a Flammable Gas Incident – online form.
Registered gas engineers (under the Gas Safe Register,) must provide details of any gas appliances or fittings that they consider to be dangerous, to such an extent that people could die, lose consciousness or require hospital treatment. The danger could be due to the design, construction, installation, modification or servicing of that appliance or fitting, which could cause:
an accidental leakage of gas;
incomplete combustion of gas or;
inadequate removal of products of the combustion of gas.
Unsafe gas appliances and fittings should be reported using the Report of a Dangerous Gas Fitting – online.
Faircloughs Local Accident Solicitors have over 60 years of experience of dealing with all injury claims in Golborne Ashton In Makerfield and Wigan CALL NOW FOR NO WIN NO FEE ADVICE ON YOUR CLAIM