By Daniel Sisko. Last Updated 29th June 2022. Welcome to this guide to making an injury at work claim if you did not report an injury at work. In it, we explain what you may need to know about making an employee accident report, and what you should include in a report of an accident at work. We also discuss compensation payouts for an injury at work for 2022 claims.
Could you make an injury at work claim?You’re probably aware that, if you have an accident at work, then you could claim compensation for your injuries if the accident was caused by your employers’ negligence. But what if the employee did not report the injury? This guide is going to explain when personal injury claims can be made, and when they can’t, when reporting workplace injuries should be done by and how we could help you make a no win no fee claim.
If you’d like to discuss how we could help you begin a claim today, please call us on 0800 073 8801. Alternatively, to find out how a personal injury solicitor could help even when an employee injury was not reported, please read on.
Select A Section
- A Guide To Employee Accident Claims If The Accident Was Not Reported
- What Accidents Should Employees Report?
- Time Limits For Reporting Accidents At Work – How Long To Make An Employee Accident Report
- How To Report An Accident At Work To Your Employer
- Why Was The Injury Not Reported?
- Legal Requirements For Reporting Injuries At Work
- How To Prove You Were Injured From Work Activities
- Could I Claim For My Injury If I Did Not Report An Injury At Work?
- Injury At Work Compensation Calculator
- No Win No Fee Claims For An Injury As An Employee
- Contact Accident Claims UK About Claiming After An Employee Accident Report
- Where To Learn More About What To Report Of An Accident At Work
A Guide To Employee Accident Claims If The Accident Was Not Reported
Under UK law, it’s is a requirement for accidents at work to be recorded in accident report books. That’s to protect both the employee and employer and also because some types of injuries need to be reported to the government. Not doing so could land the employer in trouble with the Health and Safety Executive and make a personal injury claim more difficult for the employee. That doesn’t always mean a claim is impossible though. This guide will cover what type of injury could be claimed for, when and what impact the non-reporting of the accident might have.
Why Might A Report Of An Accident At Work Not Be Done?
There could be a number of reasons why an accident wasn’t reported. Perhaps there was no accident report book, the employee didn’t know the process, or they simply forgot to do so. It could also be because they were unable to report it as they were incapacitated. We’ll explain what the implications are in these circumstances and provide accident claims advice about how to proceed.
Where accident report books are available, we’ll provide advice on how best to inform your employer of the accident so that you can still provide evidence to support your claim.
It’s worth noting at this point that you need to begin your claim within the personal injury claims time limit of 3 years. This means from the date the accident happened or when you were made aware of your injuries. If the employee did not report the injury to their employer (or even if they did) a claim will be rejected automatically if it falls outside the time limits.
What Accidents Should Employees Report?
As an employee, the best advice is to report any accident at work to your employer. Whether it’s minor or major, serious or not, you should report it. That’s because, HSE requirements state that employers need to tell them about any type of accident at work which falls under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (or RIDDOR).
Under RIDDOR, the following specified injuries need to be reported:
- Injuries resulting in reduced sight or loss of sight.
- Fractures (not including the digits of the feet or hands).
- Injuries resulting in an amputation.
- Burns and scalds that damage eyes, organs or respiratory system or those covering more than 10% of the body.
- Crush injuries to the torso or head.
- Scalping injuries (that require hospital treatment).
- Head injuries or asphyxia resulting in unconsciousness.
- Hypothermia or heat related illnesses.
- Any injury which causes hospitalisation for over 24 hours.
- Injuries that requires resuscitation.
So, even if your injury is not listed in the RIDDOR list, we’d recommend you report it anyway. You could still seek compensation for other injuries not reportable under RIDDOR regulations so an accident report could help.
Time Limits For Reporting Accidents At Work – How Long To Make An Employee Accident Report
There is no official time limit for reporting an accident to your employer, but an employee accident report should be done as soon as possible. That’s because, the longer you leave it, the more chance they could have of saying your injuries were not sustained in the way you claim.
The time limit for making a personal injury claim in the UK is 3 years. That’s from the date of the accident or from the date you found out about your illness or injuries. In the case of industrial diseases such as cancer caused by asbestos exposure, could be many years after the illness or disease was caused.
How To Report An Injury To Your Employer
The best method of reporting your injury is to tell your supervisor or a manager about what happened. They will either record it in the company accident book or you may be able to do so yourself. Accident report books should be accessible, and you should be able to obtain a copy of any entry to use as proof the accident happened, on the date you say and it should show the cause and injuries too.
Why Was The Injury Not Reported?
There are a number of different reasons why reporting of accidents in the workplace don’t happen straight away. This could include:
- Industrial illnesses: In cases where exposure to something over a long period of time causes an illness or industrial disease, there’s no way you’ll be able to report it at the time it was caused, because you won’t be aware that your symptoms have started to develop. This could include exposure to noise over a long time, asbestos exposure or illnesses caused by prolonged exposure to vibration.
- Incapacitation: Obviously, if your injury is so severe that you’re hospitalised, there’s no way you’ll be able to report the accident immediately. When your recovery begins, you should take steps to tell your employer via email or letter about what happened. Ensure you keep a copy of the letter for yourself.
- Unaware of procedure: You may not have ever been told about the requirement to report accidents at work. In this case, you could still be able to claim but would need to rely on other evidence to support your claim including proving that you’d never been advised of the health and safety policy.
Obviously, the lack of an accident report does leave you open to your employer denying the accident ever happened or that the injuries you claim didn’t happen in the accident, so it’s always best to report any type of accident at work. We’ll cover what can be done if your accident wasn’t reported later in this guide.
Legal Requirements For Reporting Injuries At Work
The legal requirements for an employer, following an accident at work which falls under the RIDDOR legislation are:
- To ensure all reportable illness, accidents, injuries, deaths and dangerous occurrences are recorded. These records should be kept up to date.
- This can be done via a computer system, an accident book or a simple written log.
- To update the HSE, via an online tool, about any reportable occurrences.
- Any company which has 10 or more employees, must have an accident report book.
- RIDDOR files must be kept for a minimum of 3 years.
- Incidents have to be reported to the HSE within 10 days.
How To Prove You Were Injured From Work Activities
You may not have been able to report an injury work for a variety of reasons. The absence of an accident book is just one example of this. However, you can prove that negligence caused you to be injured at work in other ways. Here are some examples of evidence you could gather and present to help support your claim:
- CCTV footage – You can make a request for footage that you appear in. It may show the act of negligence that caused your injury. Footage can be deleted as part of an automatic process or even intentionally. Therefore, it can be productive to take this step as soon as reasonably possible.
- Photographs – Having visual evidence of your injuries at their peak can help in many ways. This includes aiding in the process of valuing your claim.
- Witness contact details – If you have a way to reach out to others who saw how you were injured, a personal injury solicitor could assist you by gathering written statements.
There are other forms of evidence that may prove helpful too. If you’ve had an injury at work and want to know more about how you can establish negligence, get in touch today.
Could I Claim For My Injury If I Did Not Report An Injury At Work?
As you’ve seen earlier in this guide, not reporting your workplace accident doesn’t automatically bar you from making a compensation claim. It may make it trickier but, with the right evidence, not always impossible.
Remember that you shouldn’t be pressured by your employer not to begin a claim as this is illegal. They can’t discipline you or treat you differently for claiming, so long as you’re honest about what happened. They have insurance in place to cover the costs of claims so you should consider making a claim to compensate you for your injuries.
If you’ve failed to report an accident at work, but believe it was caused by your employer and would like to begin a claim, then please get in touch today. One of our experts will guide you through the process. They’ll assess the details of your claim and help you decide whether you can claim or not.
Injury At Work Compensation Calculator
If you are wondering how to calculate compensation for a personal injury claim in which an employee accident report was not made, a calculation would be done in the same way as if it had been reported.
As long as you could prove your injuries and the accident that caused them was due to the negligence of your employer, you could receive compensation for your pain, suffering and loss of amenity. These are what are known as general damages.
The way in which you would need to evidence your injuries, and your pain and suffering would be via an independent medical report. You would need to attend an appointment with an independent medical specialist. During your appointment, they may examine you and could ask you questions about your injuries and how they occurred. Once they had obtained all of the information they require, they would complete a medical report which you could use as evidence.
In the table below we list some common injuries in accidents in the workplace. We also give details of the figures produced by the Judicial College Guidelines, which could help lawyers and courts decide on how much compensation could be appropriate.
|Body Part||Severity||Maximum Amount||Details|
|Toe||Moderate to severe||Up to £56,080||This range of compensation payments start from tissue damage injuries going up to severe injuries that require the amputation of all toes.|
|Ankle||Minor to very severe||Up to £69,700||This range of compensation payments start from sprains, strains and tissue damage going up to the permanent loss of ankle function.|
|Foot||Minor to very severe||Up to £109,650||This range of compensation payments start from some simple tissue damage injuries and then on to injuries which result in the loss of the foot through amputation.|
|Leg||Minor to severe||Up to £135,920||This range of compensation payments start from simple tissue damage type injuries and going on to injuries that cause a permenant disability.|
|Hand||Minor to serious||Up to £201,490||This range of compensation payments start from soft tissue damage injuries and up to long term loss of both hands|
|Arm||Moderate to severe||Up to £130,930||This range of compensation payments start from very painful injuries which that do heal (eventually) and going up to injurie that result in permenant damage and paralysis.|
|Back||Minor to severe||Up to £160,980||This range of compensation payments start from soft tissue damage, bruising and sprains and on to injuries which are painful and result in restricted movement until healed.|
|Neck||Minor to severe||Up to £148,330||This range of compensation payments start from soft tissue damage and then on to an injury where permenant pain is present and some movement loss.|
Special Damages If You Did Not Report An Injury At Work
Alongside the general damages you could claim, you could also receive special damages which are meant to compensate you for the pecuniary costs of your injuries. These could include travel costs, loss of earnings, care costs, adaptations to the home and more. If you’d like to speak to us about what damages you could claim, we would be delighted to talk to you
Damages If A Loved One Is Fatally Injured At Work
Sadly, according to HSE statistics for 2021, 142 workers suffered fatal injuries in workplace accidents. You can see the industries affected below.
If you’re wondering whether you could claim on behalf of somebody that has been fatally injured at work, on what damages you could claim, you may be interested to learn of that you could receive compensation for your bereavement, as well as funeral expenses. If you are a dependant of the deceased person, you could also claim compensation for the loss of financial support in some cases.
No Win No Fee Claims For An Injury As An Employee
We understand that an employee who did report an injury at work might be worried about their chances of making a claim and worry about the cost of making a personal injury claim. That’s why our panel of accident claims solicitors work on a No Win No Fee basis. If they agree to take your claim on, then the financial risk and stress involved with claiming is removed.
A no win no fee agreement means that you don’t need to pay the solicitor if they don’t win your case and you’ll only pay them if they do win you compensation. Their success fee is automatically deducted from your compensation which means you won’t need to find the funds to pay them yourself.
Contact Accident Claims UK About Claiming After An Employee Accident Report
Now that you’ve read this guide explaining that an employee who did not report an injury could still make a claim, we hope you’re ready to discuss you claim with us.
To get in touch, you can:
- Call us on 0800 073 8801 and speak with one of our advisors.
- Email firstname.lastname@example.org
- Use the live chat facility offered throughout our website.
- Or we can call you back if you fill in this form.
Remember, we offer a free assessment of your claim prior to commencing. If you have any questions about reporting workplace injuries, your rights, or what to do if injured at work, please contact us today and let one of our specialist advisors help.
Where To Learn More About What To Report Of An Accident At Work
Thanks for reading our guide about an injury that was not reported. To assist you further, we’ve provided some extra guides and links below.
Health and Safety at Work Act 1974 – The regulations designed to ensure employees are safe in their workplace.
Health and Safety Executive – Government department responsible for enforcing health and safety guidelines and the reporting of an accident at work.
NHS Back Injuries – Guidance from the NHS about how to manage and treat back pain.
Workplace Accidents – Your Rights – A guide which explains what rights you have following an accident at work. These include right for an employee who not report the injury.
Assault at Work Claims – This guide explains what you can do if you’re assaulted while at work.
Other Useful Compensation Guides
- Factory Accident Claims
- How Much Could I Receive For A Pelvis Injury At Work?
- A Guide To Office Accident Claims
- Who Pays My Claim For A Work-Related Injury?
- Work Accident Claims – Accident Claims
- Can I Claim For A Broken Elbow At Work?
- Can I Claim If My Employer Has Ceased Trading?
- What Manual Handling Weight Limits Apply to Workplaces?
- Could I Sue An Employer For Negligence Leading To Injuries?
- How To Claim For A Fractured Toe At Work
- Can I Claim For A Fractured Collarbone At Work?
- How To Claim For A Crushed Foot At Work
- Assault at Work Compensation Claims
If you’d like any more advice as an employee that did not report an injury, call today and speak with a specialist.
Where can I get guidance on compensation payouts for an injury at work for 2022 claims?
The figures in our compensation table could work as guidance on compensation payouts for an injury at work for 2022 claims. We have taken these figures from the Judicial College Guidelines, which were updated in April 2022. It gives rough guideline payouts for a variety of injuries.
If you haven’t seen your injury in the table we provided, we could give you further guidance over the phone as to how much compensation your injuries could bring you in a successful claim.
What could impact compensation payouts for an injury at work in 2022?
There are various factors that could impact compensation payouts for an injury at work in 2022. Factors taken into account when determining a payout for an injury at work claim could include:
- How severe and painful your initial injury was
- Whether you were prevented from enjoying life as usual because of your injury
- If you suffered psychological harm because of the injury
- Whether you were unable to work due to the injury and lost out on income
- The long-term impacts of your injury, for example, whether you’d need future treatment
To discuss what damages you could include in an injury at work claim, please call our team. We’d be happy to discuss this with you.
There were no witnesses, could I still make an injury at work claim?
If there are no witnesses at the time of your accident, this will not necessarily prevent you from making an injury at work claim. Please call our team, as there could be other ways to evidence your accident and injuries.
We hope you have enjoyed this guide to making a claim if you did not report an injury at work. Now, we’ve explained what you may need to know about making an employee accident report, and what you should include in a report of an accident at work.