What to Do After a Workplace Accident: A Legal Guide
P.A. Duffy & Co is regularly instructed by clients who have sustained injuries in workplace accidents across Northern Ireland and the Republic of Ireland.
In some cases, the circumstances are straightforward and only limited steps are required to establish liability. In others, more detailed enquiries are necessary to properly assess responsibility. However, regardless of the severity of the accident or the extent of the injury, the initial steps we take are often similar.
At the initial consultation, we will usually request information on a number of key matters. We typically work through a structured list and have found that providing clients with a general checklist helps them better understand the process, as well as the practical information we require from them.
The following checklist outlines the key steps we typically recommend clients take after a workplace accident:
Report it
You should report the incident to your employer as soon as possible. Your employer should record the details in an accident book as part of standard workplace health and safety procedures. If no such procedure exists, you should report the accident to your health and safety officer.
While this is standard practice in most workplaces, you should not assume the process will be followed automatically or that someone else will take responsibility. Take steps to ensure the incident is properly recorded, including the time, date, location, and full details of your injury.
If there is no accident book available, report the incident to the health and safety officer verbally or in writing. It is also advisable to check whether similar incidents have occurred previously, as this may indicate an ongoing health and safety issue.
Record it
You should make a contemporaneous note of the time, date, and any other relevant details of the accident and your injury.
Photographs
Photographs of the accident location, clearly showing where the incident occurred and any defects present.
Statement
A full statement from the client, to include the time and date of the accident, the location, the circumstances, and details of any witnesses. The circumstances should include specific detail on a number of matters, and we will assist the client in preparing this statement. We will often draft an initial statement or help refine an existing one to ensure all necessary information is included.
Witnesses
We will seek to identify any witnesses to the accident and, in some cases, may require statements from them, particularly where liability is contested.
Obtain Medical Records
We will ask you to sign an authority form, which we will send to your GP and any hospital you attended in respect of your injury. Your medical records will then be provided to us.
How We Can Help
We have a team of experts who regularly advise clients who have suffered injuries at work.
To speak with a member of our team, call us on 028 8772 2102 or email enquiries@paduffy.com.
*This information is intended for general guidance purposes only and does not constitute legal advice, nor should it be relied upon as a substitute for professional advice specific to your circumstances.