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Workplace Accident Investigation

Who leads the investigation for fatal accidents?

In cases of severe injury or death, the investigation is legally mandated to be led by the State Labor Inspection Service, not the employer.

Can the victim's family participate in the investigation?

Yes, the victim or their legal representative has the right to participate in the investigation process, submit evidence, and review the materials.

What happens if the employer refuses to investigate?

This is a violation of the law. The employee can report this to the Labor Inspection, which will force the employer to conduct the investigation or conduct it themselves and fine the employer.

Is the investigation report public?

The report contains personal data and is not public, but it must be provided to the parties involved (employer, victim, Inspection, Police) and is used in court proceedings.

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Workplace accident investigation is a strictly regulated procedure that must be conducted in every case where a person is injured or dies in the workspace. This is not simply establishing facts; it is a legal process that determines liability. The investigation involves both the company's internal commission and the State Labor Inspection Service. An improperly conducted investigation, incompletely filled protocols (Form N1/N2), or distorted cause-and-effect relationships can become grounds for company fines, criminal prosecution, or conversely, the infringement of employee rights.

Legal.ge offers the services of independent experts and lawyers who ensure objective and qualified participation in the investigation process. The service is intended for both employers and victims and includes:

  • Independent Investigation: Conducting an alternative inquiry, gathering facts, interviewing witnesses, and technically analyzing the accident scene.
  • Representation in Investigation Commission: Protecting the interests of the victim or employer in the official commission to ensure the conclusion is objective.
  • Document Preparation: Correctly filling out investigation protocols (Form N1 for light/moderate/severe cases) in compliance with legislative requirements.
  • Interaction with Labor Inspection: Communicating with state inspectors, analyzing their findings, and appealing them if necessary.
  • Root Cause Analysis: Identifying technical and organizational deficiencies that led to the accident.

Investigation services are essential in complex cases. For example, a crane collapses at a construction site, resulting in casualties. The State Inspection and Police begin an investigation. The company needs a lawyer to prove that safety norms were adhered to and the incident was caused by a technical defect. On the other hand, the deceased's family needs a lawyer to ensure that the investigation report accurately reflects the employer's negligence to subsequently claim compensation.

In Georgia, the investigation procedure is regulated by the "Government Decree on the Rule of Recording, Investigation, and Reporting of Accidents in the Workspace." This document sets strict deadlines: the investigation must be completed within a specified time, and the report must be sent to the Inspection. The investigation report is the primary evidence in court.

The process begins with accident notification. Then a commission is formed, in which the participation of a labor safety specialist and an employee representative is mandatory. In severe and fatal cases, the process is led by the Labor Inspection. The lawyer's role is to control that the process is transparent and the conclusion is based on facts.

On Legal.ge, you will find professionals who will not allow the truth to be hidden. An objective investigation is a prerequisite for restoring justice and preventing future tragedies.

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