Workplace injuries and the vital next steps

In the workplace, accidents can happen anywhere at any moment. The latest HSE statistics indicate that 135 workers died in work-related accidents and 561,000 sustained non-fatal workplace injuries over the 2022/2023 period.

Combined with the self-reported ill health cases, this resulted in a loss of roughly 35.2 million working days. These staggering numbers highlight the importance of first aid in the workplace – especially since it is the first line of care that someone receives following an incident.

Legal obligations and consequences

A workplace accident is a random event that injures an employee while performing work. Unforeseen, these incidents can happen in high- and low-risk environments.

In the UK, employers must take all reasonable measures to protect their employees from harm. According to the Management of Health and Safety at Work Regulations 1999, an employer must:

  • Identify all possible hazards that can cause injury or illness.
  • Evaluate the likelihood of a potential harm and the degree of risk it holds.
  • Put the necessary measures in place to either eliminate or manage the risk.

Apart from these measures, the Health and Safety (First-Aid) Regulations 1981 requires employers to provide adequate and relevant equipment, facilities and trained first aid staff so that a person who falls ill or gets injured receives immediate care. This applies to all workplaces, regardless of the nature of the activities or the number of employees.

A construction site, for example, is a high-risk environment where workers can fall from heights, suffer electrical shocks or collide with on-site vehicles. Apart from a first aid kit, you will also need specialist equipment such as defibrillators for CPR.

In one recorded incident, a construction worker fell from scaffolding, suffering a serious head injury. Thanks to well-trained staff and the needed wound care materials, the first aid responders controlled the bleeding and stabilised the victim while waiting for the medical response team.

Accidents are not just restricted to high-risk job environments. In another case study, an office worker had a heart attack while working. As per the legal requirements, several employees received first aid at work training, including how to use an automated external defibrillator (AED). One employee started manual CPR, while another called emergency services, and a third got the on-site AED. The person who suffered cardiac arrest survived and fully recovered.

According to UK law, providing first aid to an injured employee is a legal duty. This includes getting and maintaining the right equipment and training first aid representatives for the workplace. Negligence in this regard can lead to expensive legal battles and consequences.

Providing first aid equipment and training

The first aid equipment and training that a workplace needs depends on the findings of a health and safety risk assessment. This evaluation helps employers identify risks and the kind of equipment and training required.

At the least, a workplace should have a basic first aid kit containing items such as bandages, antiseptic agents and plasters. You can buy a British Standard-compliant first aid kit that comes fully stocked with products to treat general injuries.

For extensive or specialty-risk sites, there is the major incident first aid kit. Sometimes, employers must mix and match items to cater for their specific setup. Mining operations, for instance, may also need critical injury kits in addition to robust first aid kits and AEDs.

Equipment does not help much if there are no trained first-aiders to administer emergency treatment. The size, layout and nature of a business determine the number and training of first aid responders for the workplace.

Investigating an incident

Administering first aid is the first step when an accident occurs. After stabilising and obtaining medical care for the injured person, employers must investigate the incident.

By determining the root causes of an accident, employers can address any issues and prevent a recurrence. This investigation shines a light on the gaps to address, such as additional PPE or first aid points.

Employers must record the incident in detail, including the findings related to risky conditions, procedural issues, lack of training, and equipment malfunctions. According to the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) 2013, employers must submit reports to the HSE on:

  • Work-related accidents that cause death.
  • Work-related accidents that cause serious injuries.
  • Diagnosed cases of industrial diseases.
  • Certain dangerous occurrences or incidents that are potentially harmful.

This investigation and report must be done as soon as possible after the accident. Employers can use the findings to bridge identified health and safety gaps.

Medical care and compensation 

Employers must have financial backing in place to cover reasonable medical expenses, rehabilitation, prescribed treatments, and compensation for lost income during recovery periods. This means that an employer must handle the relevant insurance claims as soon as possible.

Remember, in the UK, employers are legally obliged to have employers’ liability insurance to cover these kinds of expenses. In case of serious injuries or disability resulting in lengthy periods off work, employers must file a claim with the Department for Work and Pensions.

Reintegrating the injured employee back into the workplace

An employer’s duty of care does not start with first aid and end with the submission and payment of claims. Your obligation includes reasonable adjustments for an employee who is recuperating from a workplace injury. Depending on the nature and severity of the injury, an employer must, for example:

  • Change an employee’s shifts.
  • Assign lighter workloads.
  • Acquire assistive equipment.
  • Make physical changes, such as more wheelchair ramps.
  • Put the employee in a more suitable job position.

During this process, the employee and employer must openly discuss the required changes. Any adjustments must comply with the relevant disability discrimination laws made under the Equality Act 2010 and the suggestions of medical professionals. These measures are core to the ethical handling of disabilities. 

Employers must maintain a sensitive and considerate approach in these matters. With the right adjustments, employers can create a mutually beneficial environment that promotes wellbeing, healing and productivity.

Post-incident mental health

In the UK, employers and employees handle most workplace injuries in-house. There are, however, several recorded cases of employees seeking legal action against their employers for not only the initial injury and treatment, but also for post-incident mental health issues.

One case that stands out is Corr v IBC Vehicles. The claimant was the wife of the injured party, an engineer who was injured while working. The injury left the man disfigured and he suffered from post-traumatic stress disorder and severe depression. He ended up committing suicide.

Although the employer accepted negligence for the initial accident and resulting psychological damage, they did not feel responsible for any post-death expenses. The House of Lords ruled in favour of the deceased man’s spouse, finding the employer responsible for the engineer’s death in addition to the original injuries.

Other common claims include suffering pain and damages, lost income and ongoing medical expenses. Claimants have a three-year window after an injury to file claims. Employers must therefore follow relevant legislation to the letter and provide for consequent mental health issues.

It is in an employer’s best interest to get union safety representatives on board to address health and safety issues. Among others, these representatives have a right to:

  • Partake in workplace health and safety assessments.
  • Investigate potential dangers.
  • Consult records and request information, such as hygiene surveys, incident reports and risk assessments.
  • Investigate complaints.
  • Insist on a safety committee.

Sustaining best practices

Best practices for first aid in the workplace are the equipment, trained staff and actions that prevent or mitigate the severity of injuries. These include prompt care, proper investigations, putting the post-incident adjustments in place, and supporting the employee upon returning to work.

The right equipment and training are a first aid safety net for your workplace. These form the foundation for diligent emergency actions.

Disclaimer: The information provided through Legislation Watch is for general guidance only and is not legal advice. Legislation Watch is not a substitute for Health and Safety consultancy. You should seek independent advice about any legal matter.

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