Employer's Duty to Disclose Documentation

What does an employer have to disclose for an injury at work claim?

Any injury at work claim your employer receives obliges them to disclose the following documentation under the Personal Injury Pre-Action Protocol which can help to establish their liability:

  • Accident book entry
  • First aider report
  • Surgery record
  • Foreman/supervisor accident report
  • Safety representatives accident report
  • RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations) report to HSE
  • Other communications between defendants and HSE
  • Minutes of Health and Safety Committee meeting(s) where accident/matter considered
  • Report to DSS

Documents listed above relative to any previous accident/matter identified by the claimant and relied upon as proof of negligence.

Additionally, for each type of injuries at work claim, e.g. workplace, manual handling, personal protective equipment and provision and use of work equipment, specific regulations require disclosure of documentation.

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