An employee didn’t report the accident? Conduct an accident investigation anyway | PRO HR January 2022

2022.01.13

We come across a belief among clients that if an employee has not requested an accident investigation, the employer has no obligation to conduct it, especially when the employee has not suffered any major injuries. This is a mistaken view.

The employer must appoint an accident team whenever it becomes aware of an event that may be considered as an accident at work. It does not matter how it became aware of it or whether the injured party wishes such an investigation to be conducted. 

The method of burying your head in the sand won't do you any good, and later on it may hurt the employer. 

Sometimes an employee "remembers" an accident only later on, at a time of conflict with the employer. If the employer has not previously conducted an accident investigation, it exposes itself to an allegation of failure to conduct such an investigation promptly. Furthermore, as time passes, it will become increasingly difficult for it to ascertain the real course of events. Conducting the investigation right away allows you to inspect the scene, gather "fresh" testimony from witnesses, and reduce the possibility of manipulating facts and evidence.

Find more in the PRO HR January 2022.