Reporting an accident at work: Answers to the five most important questions
Despite all precautions, accidents in everyday working life are not uncommon. In 2021, 1,516 people in the EU had a non-fatal accident at work for every 100,000 employed people. Across the EU, 3,347 people were fatally injured during their working hours. After such an incident, there is often significant uncertainty in the company: Do you have to report the accident at work? How long do you have to do this? And is it also possible to report the accident afterwards? Our article answers the five most important questions about the topic of “reporting an accident at work”.
If you would like to learn more about the company’s incident management, we recommend our big book on digital HSQE management. Here, we provide information on using an electronic first aid book, correctly reporting accidents, and digital incident management. In addition, you will find information on all aspects of occupational health and safety in our e-book. We hope you enjoy reading it!
Please note: This text is based on the German law. Other rules may apply in your country.
1. Why do you have to report a work accident?
What is understood by an accident at work is defined in the Social Code (Sozialgesetzbuch, Section 193 SGB VII). The following applies: An accident is only considered an accident at work if it happens to insured employees in connection with the insured activity. An accident at work is primarily referred to when employees are injured during working hours. However, insurance coverage also applies if an accident occurs on the way to work. However, such an incident is an accident on the way to work.
In principle, employees should go directly to a doctor after an accident at work. The accident should always be reported afterwards. There is also a legal obligation to report to the employer’s liability insurance association if employees have been killed or are unable to work for more than three days due to their injury.
Reporting an accident at work is important not only because of legal requirements but also because it is a prerequisite for compensation to be paid by statutory accident insurance.
Who has to report the work accident, and what has to be stated in the accident report?
The employer isobliged to report the work accident to the employers’ liability insurance association. However, the employer can appoint an authorized representative to make the report.
The accident report includes information about the company, the employee’s concerned, their working hours, and a report on the accident.
When companies report an accident at work, the following information must be recorded (excerpt):
Employers should note that they or their authorized representative must sign the accident report. In addition, a signature from the works council or staff council is also required.
3. Where and to whom do you have to report the work accident?
Statutory accident insurance covers the treatment costs after a work accident. Professional associations fund insurance, so accidents must also be reported to them. The accident can be reported to the professional association (Berufsgenossenschaft) online or by post.
The employer must send two copies to the insurance company. One copy should be filed in the company itself to document the work accident internally. The HR or works council should also receive a copy of the accident report if possible.
Companies that are subject to general occupational health and safety supervision must also submit a copy of the accident report to the responsible state authority for occupational health and safety (e.g. State Office for Occupational Health and Safety, Trade Inspectorate).
However, companies do not only have to report workplace accidents to the employers’ liability insurance association. At the same time, the works council, the company doctor, and the occupational safety officer should also be informed about the accident report. A comprehensive risk assessment is essential to avoid accidents at work from the outset.
4. When do you have to report the work accident?
The deadline for reporting an accident depends on the extent of the injury. The general rule is that severe injuries, mass accidents with more than three injured people, and fatalities must be reported immediately. For all other work accidents with less severe injuries, companies have three days to report the work accident.
In principle, an accident report is required if the insured employee is unable to work for more than three days due to the injury. It is important to note that the day on which the accident occurred is not included in this three-day period. However, public holidays, Saturdays and Sundays are included in the count.
If work accidents do not result in an employee being unable to work for three days or even dying, companies do not have to report them to the employer’s liability insurance association. However, they should still be documented in the company’s first aid log.
5. Can the work accident be reported retrospectively?
Many companies are uncertain about how long they can report a work accident and whether it is possible to report it later. This is particularly important if the employee does not initially inform their employer about the accident, but then there are long-term consequences.
Subsequent reporting after the statutory reporting deadline is theoretically possible, but it often brings difficulties. If the work accident was neither reported nor consulted by a doctor, it is difficult to prove that the accident occurred during work. Even if documentation is forgotten in the company’s first aid book, it cannot be proven that the health damage was actually caused by an accident at work.
In addition, parts of the claims may be forfeited if the accident at work is reported too late. This depends on the individual case. Therefore, it is advisable for employers and employees to report every accident at work as quickly as possible.
Report work accidents electronically
Incidents at work can also be reported electronically. Special first aid book software helps document incidents in the company regardless of location and time—ideally immediately after the accident has occurred.
Our software solution, iManSys, enables accident reports and first aid book entries to be made for all work-related accidents. Near misses and dangerous situations can also be recorded in the software. Using clear input masks, you can quickly and efficiently document the type of incident, the course of the accident, possible causes and first aid measures, and the period of incapacity to work.
iManSys supports documentation within the company and accident reporting to the accident insurance company. An integrated form allows the professional association to directly create the necessary accident reports.
With the iManSys app, your employees can safely and securely report incidents or (near) accidents via smartphone or tablet. An overview of work-related accidents is also integrated. The complete recording and reporting to the statutory accident insurance can then be carried out on the company computer.
If you would like to learn more about how to report a work accident with iManSys and how incident management can be solved digitally, we recommend reading our free e-book.
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