Is An Employee Eligible To Claim If They Did Not Report An Injury? – A Guide To Work Accident Compensation Claims

Reporting injury at work

Reporting injury at work

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 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.

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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.

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 employee 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

There is no official time limit for reporting an accident to your employer, but it 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.

We’ll cover what you should do if there was no accident report book available later in this guide.

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.

An accident report book will usually record the date of accident and where it happened, the date it was reported, details of the injured party and details of the injury or illness caused.

I Was Not Able To Report The Injury / There Was No Accident Book

If an employee did not report an injury, then there may still be ways to claim for compensation. You’ll need to look for other forms of evidence to support your claim. This can include:

  • Photographs of the accident scene. Try to capture the root cause of the accident before it’s repaired or replaced.
  • Witness statements from any colleague who saw the accident take place.
  • Medical records from a GP or accident and emergency department.
  • Photographs of any visible injuries you sustained.

The fact that there is no record in an accident report book might mean that your employer could argue that either the accident didn’t happen at work or the injuries you sustained were less than you were claiming. By providing some of the other evidence listed above, your personal injury solicitor could try to counter those arguments to reach an agreement on a compensation amount.

Could I Claim For My Injury?

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

To demonstrate how much compensation could be made for different injuries, we’ve included the personal injuries claim calculator table below:

Body PartSeverityMaximum AmountDetails
ToeModerate to severeUp to £49,180This range of compensation payments start from tissue damage injuries going up to severe injuries that require the amputation of all toes.
AnkleMinor to severeUp to £61,110This range of compensation payments start from sprains, strains and tissue damage going up to the permanent loss of ankle function.
FootMinor to very severeUp to £96,150This 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.
LegMinor to severeUp to £119,210This range of compensation payments start from simple tissue damage type injuries and going on to injuries that cause a permenant disability.
HandMinor to seriousUp to £54,280This range of compensation payments start from soft tissue damage injuries and up to long term loss of the use.
ArmModerate to severeUp to £114,810This 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.
BackMinor to severeUp to £141,150This 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.
NeckMinor to severeUp to £130,060This range of compensation payments start from soft tissue damage and then on to an injury where permenant pain is present and some movement loss.

As each injury has a range of payments associated with it, your personal injury lawyer will need to demonstrate how severe the injury was to ensure you’re compensated accordingly.

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

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:

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

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.

If you’d like any more advice as an employee that did not report an injury, call today and speak with a specialist.

Article by Brett.