How To Investigate A Workplace Accident?

All accidents should be investigated

You should have a system for investigating all accidents or mishaps at work.

This is very important – for several reasons:

• What you do immediately after an accident has a profound effect on the outcome and cost of any compensation claim.



• If you don’t investigate an accident right away, valuable evidence will inevitably be lost.
  
  Useful evidence has a very short shelf life: the accident site will change; memories fade; witnesses may change jobs etc.



• Without good records, you won’t be able to mount a credible defence to any claim.



• High visibility accident investigations heighten awareness of safety issues among both employees and supervisory staff.



• Establishing the real cause of each accident gives you the opportunity of preventing a similar accident in the future. It also helps to deter unrealistic or fraudulent claims.



• By focusing on the causes of minor incidents, you will effectively prevent the occurrence of more serious accidents.

Tell your insurance company what happened

Under the terms of your insurance policy you are obliged to tell the insurance company (in writing) of any event that may give rise to a claim under the policy. Usually, this has to be done immediately after an accident. If you fail to do this, the insurers don’t have to deal with any claim that arises.

While all accidents should be promptly reported to your insurance company, this, of itself, does not relieve you of your duty to separately and fully investigate the incident.

Remember, the investigation of accidents is your responsibility. It’s part of the business of management. In some cases, the insurers will carry out an investigation. But you should not rely on this. Insurance companies don’t investigate all accidents.

Usually they concentrate on the more serious ones and their investigation may not take place until long after the incident has happened.

Here’s how an accident should be investigated

Right from the outset, you should work on the assumption that each accident will end up as a claim in Court.

Here’s what to do:

Photograph the accident scene/ site before it has changed

• Take plenty of photographs and develop them right away. Pictures from digital cameras will not be accepted in Court. (Because the images can be altered.)



• At least one camera should be readily available in the workplace for this purpose. (Waterproof disposal cameras should be sufficient).



• Each foreman/supervisor should be trained in using the camera.



• Record the date and time the picture was taken – and the name of the person who took it.

Whether good or bad, record things as they actually were at the accident scene

Don’t change anything (e.g. plant, scaffolding or machinery etc.) or clean up the site to create a more favourable impression.

Establish the facts

Establish the facts quickly and comprehensively. You need to ascertain the sequence of events that led to the accident.

Look also at things like:

• The way the job is normally done



• The plant / machinery involved



• The nature of the job (e.g. Routine/ repetitive etc)



• Training provided



• Level of supervision

Focus on facts – and ignore irrelevant side issues.

Note down the age and experience of the people involved.

Make detailed notes; take measurements; and draw sketches.

Retain any relevant physical evidence or materials (e.g. a defective scaffolding plank) that may be useful in the defence of the claim

In due course, your insurers will inspect this and will, where required, arrange for it to be independently examined.

Interview all witnesses and take full statements from them as soon as possible

This procedure is time-consuming – but it’s vitally important.

Focus on facts (what actually happened) – not on opinions.

All statements must be signed and dated by whoever has given them.

Separately, record the full name, address, date-of-birth and PPS (RSI) No of each witness

It may take several years before a case reaches Court – by which time, some of those who saw the accident could have left your employment. Having these details makes it easier to track down key witnesses.

Where the witness is not directly employed by you, obtain the full name and address of their employer.

The most important witness is the accident victim

Obtain their version of the incident as soon as possible after they have received medical treatment.

Interviewing witnesses requires tact and skill

Some points to remember:

• Focus on the facts of the accident – not on apportioning blame.



• Allow the witness to describe, in his or her own words, what happened. Only when this is done should you begin to probe the circumstances in more detail.



• Don’t try to influence what people say or how they say it.



• Guard against the risk of unintentional bias – of people telling you what they think you want to hear rather than what actually occurred.

If you believe that someone saw an accident – but they deny seeing anything – you should obtain a 'negative' statement from them

Write down the words 'I did not see the accident' on a sheet of paper and get the person to sign it.)

In this way, that person will never be able to give evidence against you should the matter go to Court.

Keep good clear records

The most valuable accident records are contemporaneous ones – so don’t delay in writing up notes.

The records must be legible and clear. Test their clarity by asking this question: 'From reading the notes, would an outsider – who knows nothing about your business or industry – be able to quickly grasp how the accident happened?'

Remember that your records may eventually be disclosed in Court – so be careful about what you say.

Finally, never subsequently alter records.

Summary

• It is your responsibility to investigate all accidents at work. You must have an effective system in place for doing this.



• A senior person should carry out a thorough and impartial investigation as soon as possible after the accident. They should photograph the accident scene; preserve important evidence; obtain signed witness statements; and keep proper records of their investigation.



• Without such records, it will be hard to successfully defend any claim that is made.



• Report the accident to your insurance company as quickly as possible – but don’t rely on them to investigate the accident for you. They may delay their enquiries – by which time valuable evidence could be lost.



• All accidents – and 'near misses' – should be investigated. Where appropriate, you should take steps to prevent the same thing happening again.
  
  In particular, review and revise the 'risk assessments' that form part of your Safety Statement (This is the document that every employer must have, setting down their policy on health and safety).