What to do when an employer will not record or report an accident
Introduction
An injured employee who discovers that the employer has not recorded the accident, or has refused to report it to the Health and Safety Authority, often assumes that the claim is lost and that pressing the point will cost them their job. Neither assumption is correct.
The employer’s reporting obligations and the employee’s right to compensation are separate. A failure to report does not prevent a claim; it may strengthen one. And an employer who penalises an employee for raising the matter commits a further wrong for which the employee has a remedy.
The Law
The Safety, Health and Welfare at Work (Reporting of Accidents and Dangerous Occurrences) Regulations 2016 require an employer to report to the Health and Safety Authority any accident which results in an employee being unable to perform normal work for more than three consecutive days, and any fatality or dangerous occurrence, on the IR1 form within ten working days. Failure to comply is an offence under the 2005 Act.
The employee’s claim does not depend on that report. It is brought through the Injuries Resolution Board on the employee’s own application, supported by a medical report from the treating doctor, and it requires no document from the employer to be validly submitted. Where the employer has failed to keep the records the law requires, whether of the accident, of risk assessments, of training or of maintenance, a court may draw an adverse inference from their absence, and may be readier to accept the employee’s account of an unsafe system of work.
Section 27 of the 2005 Act prohibits penalisation of an employee for reporting an accident, raising a safety concern or pursuing a claim. Penalisation includes dismissal, demotion, transfer, reduction of hours, and any other detriment. A complaint lies to the Workplace Relations Commission, and compensation for penalisation is not subject to the cap that applies to ordinary unfair dismissal claims.
Practical Steps
Create an independent record. Attend your GP or an emergency department as soon as possible after the accident and describe how it happened at work, so that the cause is documented in medical notes the employer does not control.
Put your own report in writing. Send an email or registered letter to your manager or human resources setting out the date, time and place of the accident, what happened, and the names of any witnesses. Keep a copy. This is your accident report, and it does not require the employer’s cooperation.
Preserve what evidence you can: photographs of the scene and the hazard, the names of colleagues who saw the accident or knew of the hazard, and any messages or rosters that show you were at work and on the task in question.
Where the employer is obliged to report to the Authority and has not, the employee may inform the Authority directly. This is a regulatory step rather than part of the claim, and it should be considered with advice, but it places the failure on record.
If the employer’s response to the accident or the claim involves any change to your hours, duties or treatment at work, record it immediately and take advice on a penalisation complaint. The time limit for such a complaint to the Workplace Relations Commission is six months from the date of the penalisation.
Send the section 8 letter within a month of the accident and proceed with the application to the Board in the ordinary way.
Takeaway
An employer’s refusal to record or report an accident is a breach of the employer’s obligations, not a bar to the employee’s claim. The claim proceeds on the employee’s evidence, and the employer’s failure to keep the records the law requires will be held against it rather than against the employee.
The practical priority is to build an independent record: medical, written and photographic. An employee who has done that within days of the accident has a claim that does not depend on the employer’s cooperation, and a clear basis for a penalisation complaint if that cooperation turns to hostility.
Further information
This article was prepared for informational purposes only. For further advice, please email workclaim@crushell.ie or contact the offices of Crushell & Co Solicitors.
About Crushell & Co
Crushell & Co is a specialist firm advising on the application of law in the Irish workplace.
Our Dublin-based solicitors have particular expertise in workplace injury litigation, regularly acting on behalf of employees who have suffered injuries arising from unsafe systems of work, inadequate training, or failures in workplace safety procedures.
We understand that a workplace injury can have serious consequences for an individual’s health, livelihood, and financial security. We work closely with our clients to identify the root causes of workplace accidents, gather the necessary evidence, and advance strong, well-supported claims for compensation.
We are experienced in pursuing workplace injury claims through the Courts and achieving meaningful outcomes for injured workers, while providing clear and practical guidance at every stage of the process.
We translate complex legal issues into practical legal options, adapting our strategy to meet each client’s specific circumstances and objectives.
Connect: @CrushellLaw or www.crushell.ie
