The works accident book is something we have all heard of, but it is often rather lacking in detail. Is it a legal requirement? What kind of injuries do you have to put in the book?
Who fills in the book? Who controls the book? We will now take a look at various aspects of the work accident book and how and when to complete it.
It seems fairly obvious that the work accident book should be part of the health and safety regulations.
However, many people will be surprised to learn it is not part of this set of regulations.
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The specific act which covers accident books in the workplace is the Social Security (Claims and Payments) Regulations 1979. To be more specific, regulation 25 of the act specifies the need to maintain a work accident book. So, what else do we know about the infamous work accident book?
When we talk about the work accident book, many of us can visualise a physical book. In this day of electronic records, it is very different. Anyone injured at work is required by law to inform their employer, who must make a record of it.
The record must be kept for three years following the date it was added which coincides with the three-year window of opportunity to make a claim for personal injury compensation.
The act is very specific with regards to the data which should be recorded about each accident. This includes:-
It is interesting to note that the information is filled in by the employee as opposed to the employer. As a consequence, we can assume there is a more detailed and focused description of the incident.
Once the accident has been recorded, it is the employer’s obligation to investigate further. This may include taking witness statements from other individuals and also giving a more detailed description of what happened, why it happened and the consequences.
It is also important for the employer to note any lessons learnt and changes to workplace procedures.
All of the additional information gathered by the employer should also be held with the initial employee work accident record. This ensures that if a claim is forthcoming, then all of the relevant information is there and available to the employee.
The work accident book is the confidential possession of the employer, but there will likely be times when it is required by third parties. These may include:-
There are very detailed stipulations in the act which cover the sharing of data with various third parties.
Data protection is obviously a very hot topic and is something that is covered in the act. The employee will need to authorise the release of their personal information when other parties become involved.
In the event that this is refused, any information passed to, for example, the third parties above, would need to redact the employee's details.
The rule of tort stipulates that there must be negligence on behalf of one or more third parties in order to claim compensation for an accident in the workplace. If you believe your accident was a consequence of negligence, then you will need to provide evidence to prove this. Once you have gathered your evidence, it is worthwhile contacting a personal injury claims management company.
No. You can pursue compensation in your own right without the assistance of any third party. Whether this is the correct route, taking into account the often challenging UK legal system, is another matter.
However, in recent years we have seen a significant increase in the number of people using claims management companies to pursue compensation.
Once you have gathered as much information and evidence as possible about the incident and your injuries, you should approach a claims management company. They will review the details of your case and the evidence provided.
If they believe you have a minimum 60% chance of a successful prosecution, they will likely offer to take on your case on a “no-win, no fee” arrangement. In the event that the claims management company does not offer such an arrangement, you can still pursue compensation at your own expense.
As the term suggests, the claimant will be indemnified from any costs incurred by the claims management company when pursuing their case. In exchange, the claims management company will negotiate what is known as a “success fee”.
This is an arrangement for the claims management company to receive a percentage of any compensation awarded. On average the figure is around 25% although it can vary significantly on a case by case basis.
Research suggests that just 1% of personal injury claims will make it to the courtroom. The vast majority, where negligence is proven, will result in an out-of-court settlement. Where there is a dispute regarding negligence or the level of compensation, there is every chance the case could go before a judge.
In that instance, you would be asked to give evidence and details of your injuries, impact on your lifestyle, etc. However, your claims management company would be there to assist and advise you - and remember, you are not the one on trial!
Very often, you will find that information in the work accident book can be extremely useful when looking to prove negligence and pursue compensation. There may be evidence of similar incidents in the past, which have not been addressed by the employer, or evidence of a lack of safety in the workplace.
It is very important to hold allegedly negligent parties to account; otherwise, nothing will change and others will also suffer in the future.
Here at Money Savings Advice, we have partnered with some of the UK’s leading Personal Injury Claims management companies. They have already helped thousands of people claim compensation for injuries they have incurred, and they can do the same for you.
Choosing an independent claims management company means they won’t proceed with a claim unless they are sure it is in your best interests. They are also regulated by the FCA, which gives you an additional layer of protection.
If you would like to speak to one of these claim management companies who can help you make a compensation claim, then click on the below and answer the very simple questions.
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