When should I report workplace accidents?

We are routinely asked by our clients “When do we need to report an accident at work to our insurers and do we also need to notify the Health & Safety Executive (HSE)?”

In some professions, such as manufacturing or where there is heavy manual work, it will be inevitable that accidents occur that involve minor injuries. It tends to be these type of injuries that cause uncertainty as to whether or not your insurer needs to be advised, given always there may be the possibility of a claim being made by the employee.

Reporting Accidents

Whilst the incident will be recorded in the Accident Book, an important consideration that needs to be made immediately following the accident is the severity of the accident/injury, whether the Health & Safety Executive need to be advised (HSE), and whether insurers need to know about it?

For the reporting process to work effectively there should be a procedure in place dealing with injuries at work. This will usually involve a First Aider, a Health & Safety representative, a responsible person to make the entry in the Accident Report book and a decision on whether the injury is RIDDOR reportable and, further, notifiable to insurers.

In addition to this, your company policy may be that an internal accident investigation may need to be carried out, the results of which may assist insurers in their liability investigation.

If you are an employer, self-employed or in control of work premises you are required under The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR) to report some types of work-related accidents, diseases and dangerous occurrences by the quickest possible means.

You must report:

• the death of any person as a result of an accident, whether or not they are at work.
• someone who is at work and suffers a major injury, which is usually defined as fractures (other than to fingers, thumbs and toes) or amputations, dislocation of shoulder, hip, knee or spine, loss of sight, chemical or electrical burns, involving 3 or more days lost time.
• someone who is not at work (e.g. a member of the public/guest/customer) suffers an injury as a result of an accident, or where the person has been taken to hospital.
• one of a list of specified dangerous occurrences taking place (dangerous occurrences are events which do not necessarily result in a reportable injury but have the potential to cause significant harm).
• occupational disease, such as asbestosis or carpal tunnel syndrome

How to report

Written reports should be made using forms F2508 for accidents, or F2508A for disease claims. Both of these forms can be obtained from the HSE.

The HSE can be contacted by using one of the following methods:

• Postal - Health & Safety Executive, Grove House, Skerton Road, Manchester, M16 ORB
• Telephone – 0161 952 8200
• Fax - 0161 952 8222
• Online - www.hse.gov.uk

Reporting the accident to your insurers

There is no mystery surrounding the type of accidents that your insurer needs to know about. However, it is surprising how often the first notification of an accident involving one of our clients employees or a member of the public is when the Letter of Claim from the solicitor is forwarded to our Claims Team and the solicitor is referring to an accident that happened some time ago and has not been previously reported.

A key indicator for when you should report an accident/incident to your insurer is the RIDDOR report. Whenever this is submitted to the HSE your insurer must be advised, and to assist in the claim investigation the following documentation should be sent to your broker.

• an Insurer Accident report form (this can be obtained from your Broker)
• a copy of the Accident Book entry
• a copy of the RIDDOR report
• copies of any witness statements taken immediately after the accident
• any photographs of the accident scene that my be available
• the original Letter of Claim where a claim has been made

Insurers or their representatives may subsequently request additional supporting documentation such as risk assessments, training and personnel records.

Insurers terms and conditions will usually state that it is a condition precedent to any liability under the policy that the Insured give written notice to the underwriters, as soon as is reasonably practicable, of any circumstance which may give rise to a claim under the policy with full particulars of such occurrence. Therefore it is important that reportable accidents are notified as soon as possible.

Under the current Civil Procedure Rules the Personal Injury Protocol dictates that the solicitors Letter of Claim must be acknowledged within 21 days of receipt, failing which Proceedings can be issued without further warning. It is therefore very important that a Letter of Claim is passed on to your broker as soon as possible in order that an acknowledgement can be made in line with the Personal Injury Protocol.

Insurers thereafter have 90 days to complete their liability investigation and either deny or accept liability on behalf of their policyholder. It is therefore important that insurers are notified of an accident as soon as possible to enable an early investigation and witness evidence to be obtained.

For further information contact your normal Centor contact or David Jacobsen (Claims Manager) on 0207 330 8716.