I have been investigating workplace accidents and working as an expert witness for more than 20 years. What follows is based on my experience and on my advice to clients.
All documents (accident reports, insurance statements, employment notes and letters to employees) whether written on paper or created electronically (e-mails, texts, and tweets etc) can be used as evidence. These short notes offer simple advice about some issues to consider before putting pen to paper or finger to keyboard.
My primary advice is to Think First! Consider how your words may be interpreted by others. Ask yourself; “Why am I writing this?” or “What do I really need to say?”.
Give yourself time and space in a quiet environment with no interruptions. Write the initial report as soon after the event as possible then leave it to one side and re-read it before you send it.
- Be truthful
- Be factual
- Don’t exaggerate
- Don’t expand beyond what is necessary
- Only write what you can substantiate
Keep in mind that you may be asked to justify or explain what you have written. This may be to an enforcing officer or in court, and some significant time after the event.
Don’t just write what you think the reader wants to read. If you write, in line with company policy, first consider the following:
– Is there a policy?
– Have your read and do you fully understand the policy?
– Can you show that the policy fits the circumstances?
If your report contains hearsay or suspicion, say so e.g. I have been told that… or it is my impression that…
Always use correct names and titles, try not to use nicknames. If the person is only known to you by their first or nickname, prefix the name with: who is known to me as…
Don’t start a message with ‘Hi’, ‘Hiya’ or something equally familiar. Address the correspondence correctly and formally. Familiarity can be problematic later.
Don’t use abbreviations without clarifying their meaning. Use simple language. Don’t try to be legalistic or write your report in a manner that you may have seen on a TV police show!
Make sure the writing is legible or that you use clear fonts.
Don’t forget to add locations, dates, and times (24-hour clock).
Sign, date, and time the document on each page and at the end.
Keep copies (in line with Data Protection rules).
Start a new message or keep emails and WhatsApp trails as short as possible. Remember that the reader will be able to scroll down to see what’s been written previously. This can be embarrassing and could be used against you.
If you use photographs make sure they do not contain images of people not included in the report, ensure the photograph does not infringe Data Protection rules. The photograph should be labelled (subject, time/date when taken) and identified in the report. The Photograph must be in focus, the detail clear and of an adequate size. Photographs should only be used to add to the clarity of the report, not to detract from it.
If you change or amend your original published or sent report, record the fact in the amended version and explain why you have amended it. Before you send the finalised report, check the contents are correct and well written. When writing statements, it would be wise to seek help from a ‘professional’, to ensure that you have not extended your liability or put things in such a way which could be problematic later.