My Accident Was Not Reported Or Recorded In The Accident Book, Could I Still Claim Compensation?

By Jo Jeffries. Last Updated 23rd June 2022Welcome to our guide on claiming for an accident at work not reported in the accident book. You might already be aware that if you’re injured in an accident at work caused by somebody else’s negligence, you could use a No Win No Fee personal injury solicitor to claim compensation. But what happens if you don’t report an accident, and when is an accident book required in the workplace? This guide explains what to do if an accident occurs in the workplace, as well as answering questions such as ‘What information should the accident book include?’ and ‘Can I always claim if an accident at work is not my fault?’

accident not reported in the accident book accident at work not reported accident book when is an accident required in the workplace what happens if you don't report an accident what to do if an accident occurs in the workplace (h3)  accident at work is not my fault what information should the accident book include

Accident at work not reported in the accident book

If you have suffered an injury at work as a result of third-party negligence, you may be eligible to make a claim, even if you haven’t logged the injury in an incidents and accidents book. However, any accident book reports can be very helpful evidence for your workplace injury claim. Contact our advisors today to find out how one of our expert solicitors could help you prove your claim by calling 0800 073 8801.

 

Can I claim if an accident at work is not reported?

In this guide, we’re going to look at why recording accidents is important, what to do if there is no accident log book at work or other venues and when you might be able to claim compensation for your injuries.

Here at Accident Claims UK, we could help you decide whether you have a valid personal injury claim or not. That’s because our team of specialist advisors provide free advice on claiming and offer a no-obligation assessment of any claim. Then, if your case is deemed strong enough, they could introduce you to a personal injury lawyer to take on your case. If you believe you’re ready to start your claim, why not call our team on 0800 073 8801 today? After all, there’s no pressure or obligation to proceed. So, you have nothing to lose about claiming for an accident at work not reported in the accident book.

However, if you’d like to find out whether you could make a claim when you did not report an accident in the incidents and accidents book, please continue reading.

Select A Section

A Guide To Claims If There Was No Accident Report Book – What happens if you don’t report an accident?

An accident report book is used by businesses to record incidents that cause staff, customers, contractors or visitors to become injured while on their premises. The company can use them to help make the location safer by ensuring the same type of accident doesn’t occur.

An accident report book is not only important when it comes to recording legally reportable incidents immediately after they occur, but also it can be used as evidence if an injured party decides to make a compensation claim for any injuries they’ve sustained. If an accident is not reported in the accident book, this could make it more difficult to claim.

In this guide, we’ll cover what information is recorded in an accident report and explain what other evidence could be used in the absence of one. We’ll also try to answer the following questions:

  • What accidents need to be recorded in an accident book?
  • What happens if you don’t fill out an accident report?
  • How long do you have to put an accident in the accident book?
  • Is it a legal requirement to have an accident book at work?
  • Are you entitled to a copy of the accident report?

We’ll also explain how much compensation could be awarded for specific injuries and what can be included within personal injury claims.

Something you’ll need to bear in mind when deciding whether to make a claim is the personal injury claims time limit. This, in general, is 3-years from the date of your accident. If the claim is made outside of this time frame, it will be automatically rejected.

Finally, we’ll explain how no win no fee claims work. Generally, to be eligible for a No Win No Fee service, a solicitor will ask you to show that:

  • Somebody who owed you a duty of care was negligent;
  • Which led to an accident; in which
  • You suffered an injury.

Proving the above can be much easier if the accident was reported. However, we’ll also explain what to do if there was no accident report book available. Read on to learn more about how to respond if there’s an accident at work not reported in the accident book.

What Is An Accident Report Book Or Log – When Is An Accident Book Required In The Workplace?

When an accident occurs on business premises or in public places, an accident report book should be used to record the incident. They can be used for accidents involving customers, visitors, staff, or anybody else injured at the location.

You have a legal right to ask for your accident to be reported. Also, you’re entitled to ask for a copy of the report if you decide to make a compensation claim. The report can be used by solicitors as evidence to prove that the accident took place. It might not provide full information about what injuries were caused by the accident, as this might not be known until a doctor has assessed you, but it will prove the date, time and location of your accident.

Therefore, even if your injuries don’t seem too serious, we recommend that if you’re involved in an accident, you should report it and ensure it’s recorded in an accident report book as soon as possible.

 

Is It A Legal Requirement To Have An Accident Report Book Or Log?

Under UK health and safety laws, all businesses, employers and those in control of premises must keep details of any dangerous occurrences, accidents and injuries that occur on their site.  How accidents are recorded doesn’t matter. It could be software, an online accident report book or a physical accident report book.

Accident report books have a legal requirement to meet data protection rules. Also, some accidents at work that result in more than 7 consecutive days off work need to be reported to the Health and Safety Executive (HSE). We’ll provide more information on these incidents later in this guide on an accident at work not reported in the accident log book.

How Should Accidents Be Reported And Recorded In An Accident Report Book?

When an incident is reported and an accident report book is available, the correct information must be recorded. That’s because it’s this information that could be used to help settle a compensation claim.

Therefore, an accident report needs to include:

  • The location, date and time where the incident took place.
  • Personal details of the injured party and anybody else involved.
  • Details of what happened and also the cause of the accident if known.
  • Details of any treatment provided.
  • Information on advice that was provided to the injured party.

If all of the above is recorded, it could be used to prove or disprove liability in a compensation claim. We’ll explain how you might be able to claim if the business owner did not record the accident later in this guide.

Why It Is Important To Fill In An Accident Report Book

In this section, we’ll look at when is an accident book required in the workplace and why a workplace accident at work not reported in the accident book is more difficult, although not impossible, to claim compensation for. Any personal injury solicitor will need to prove that you suffered an injury caused by somebody else’s negligence. They’ll also need to prove what injuries you suffered to ensure you’re compensated properly. However, before they go on to prove all of these things, they’ll need evidence that the accident actually took place.

Therefore, an entry in an accident report book can be an easy way to demonstrate:

  • When the accident happened.
  • Who was involved, and how they suffered.
  • What happened.
  • Details of treatment and advice that was provided at the time.

These details all make proving an accident happened much easier. Having this sort of evidence makes it near on impossible for the defendant to deny the accident happened. This is one of the first steps in making a claim and can be used as a basis for the claim before the solicitor attempts to prove liability and the amount of suffering caused by the accident.

What Problems Could Be Caused By Not Reporting Or Recording An Accident?

As mentioned in the previous section, if the accident in which you were injured was not recorded in an accident report book, the defendant could deny that the incident ever took place. This would mean you’d need other evidence to prove the accident took place and that you were injured.

Also, without an accident report book entry, the defendant could agree that the accident took place but might claim that your injuries were sustained in some other way.

The fact is if the accident is recorded correctly, and the defendant or their staff write down how you were affected, there can be no denying what happened and how it affected you. Therefore, we strongly recommend you try to ensure any accident, wherever it may occur, is recorded correctly and you obtain a copy of the report.

What Accidents In The Workplace Should Be Reported And Recorded?

There is a requirement, in some cases, to tell the government about accidents at work. And that emphasises the concern about an accident at work not reported in the accident book. If a reportable accident at work is not recorded, the employer could be breaking the law. The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) rules mean that:

  • Fatalities in the workplace must be reported.
  • Any injury which requires staff to take 7 or more consecutive days off work needs to be reported.
  • Injuries to members of the public, i.e. not employees, must be reported.
  • Near misses and other dangerous occurrences need to be reported.
  • Industrial diseases such as respiratory illnesses or vibration injuries have to be reported.

If an injury results in over 3 days off work, but less than 7, they should be recorded but don’t have to be reported. In general, any of the above incidents need to be reported to RIDDOR immediately.

Do Certain Claims Rely More On A Record In An Accident Report Book?

The types of accidents that rely on accident report book entries are those which are disputable or those where it’s one person’s word against another. These include, but are not limited to:

However, it’s important to note that while you can request a copy of the accident at work report from your employer or the HSE, you are not automatically entitled to a copy of the report. If you choose to hire a solicitor, they can help you request the full report in order to help strengthen your claim.

As discussed previously, if recorded correctly, the accident report book entry should provide enough information to show what happened. If you were not able to report the accident because you were incapacitated, you could contact the relevant person later on with details of the accident. If you do so, keep a copy of the email or letter you send, as this can be used as evidence that you reported the accident as well. Read on to find out what could strengthen your case if your accident at work was not reported in the accident book.

Could I Use Other Evidence To Support My Claim?

As we’ve mentioned earlier, if an accident report book is not available to help prove you were involved in an accident, you’ll need other evidence to support your claim. Therefore, if you’re involved in any form of accident, we suggest you try to:

  • Take photographs of the scene of the accident, including the root cause. You should do this as soon as possible before the cause is removed or repaired.
  • Seek medical treatment from a GP or at a hospital. This will mean your injuries are treated correctly. It will also mean medical records will be created, which can be used as evidence to support your claim.
  • Obtain copies of any CCTV footage if the area was covered by it.
  • Ask witnesses for their details and to write a statement of what they saw happen.

All of this evidence can be used to support your claim. Preferably, it will be used in conjunction with an accident report book entry. However, if that’s not possible, and your employer failed to record the incident, the more of the evidence listed above you have, the better your chances of proving what happened.

What Happens If You Don’t Report An Accident – Will I Still Be Able To Claim Compensation for an accident at work not reported in the accident book?

In any personal injury claim, if you can prove what happened, the better your chances of being compensated. Therefore, even if an accident was not recorded in the accident log book, if you have other evidence to support the facts, a claim could still be possible.

The best way to find out your chances of claiming is to gather as much evidence as possible and then call our advisors for a free, no-obligation assessment of your claim.

Work Accident Claim Calculator

The work accident claim calculator table below provides some compensation amounts relating to specific injuries using figures from the 16th edition Judicial College Guidelines (JCG), released in April 2022.

Injury TypeCompensation BracketNotes
Chest Injuries (b)£65,740 to £100,670Traumatic injuries to the heart and chest causing permanent damage, reduction of life expectanct and disability.
Total loss Of Hearing In One Ear (c)£31,310 to £45,540Consideration given to continuing symptoms.
Moderate Leg Injuries (iv)£27,760 to £39,200Severe crush injuries, or multiple complicated fractures.
Severe Shoulder Injuries (a)£19,200 to £48,030Cases of damage to the brachial plexus, resulting in disability.
Hernia (a)£14,900 to £24,170
Continuing pain, with limitations to physical activity, employment and other activies even after repair.
Moderate Knee Injuries (b) (i)£14,840 to £26,190Dislocations, torn cartiledge and meniscus, causing wasting, weakness or other disability.
Wrist Injuries (e)In the region of £7,430Uncomplicated Colles' fracture.
Minor Neck Injuries (e) (i)£4,350 to £7,890
Full recovery within one to two years.
Minor Eye Injuries (h)£3,950 to £8,730Injuries such as being struck in the eye, exposure to smoke or other fumes, or or being splashed by liquids.
Minor Head Injury (e)£2,210 to £12,770Little to no brain damage, with consideration given to persisting symptoms.

We will explain what types of compensation you could be eligible for in the following section. However, it’s important to remember that the figures in the table above are not a guarantee, as every claim is different. For a free estimation of what your claim could be worth, contact our advisors today.

What Could I Claim If Injured In An Accident Which Was Not My Fault?

When a solicitor begins a compensation claim, they can use several different elements to make a claim. These are known as heads of loss. Some losses that could be used in your claim include:

  • General Damages – This is compensation for pain, suffering and loss of amenity caused by your injuries. In the previous section, the figures were examples of general damages.
  • Medical Expenses – You might think that you’ll receive free treatment on the NHS, so there’s nothing to claim for here. However, the cost of prescriptions and other treatments can soon build up. Therefore, these costs could be claimed back.
  • Travel Costs – Should your injuries mean you’re unable to drive while recovering, you could claim the cost of alternative travel arrangements. Also, you could claim fuel and parking costs associated with medical appointments.
  • Care Costs – Some cases mean the victim requires professional care to help them recover. If that’s the case, any associated costs could be claimed back.
  • Lost Earnings – When your injuries result in a loss of income, you could ask for the losses back. Also, should you suffer in the long-term, you could look to claim for future lost income too.
  • Damaged Property – Finally, if any item of personal property is damaged during your claim, you could ask for the cost of repairing or replacing it.

Where possible, we recommend that you keep hold of any receipts or bank statements to help improve your chances of claiming a cost back. Also, you’ll need to explain to your solicitor how the expense was linked to your injuries.

No Win No Fee Claims Without A Record In Accident Report Book Or Log

If you’re put off from claiming because you’re worried about the cost of hiring a solicitor, then don’t be. All of our solicitors offer a No Win No Fee service for cases they agree to take on. They’ll need to assess your claim and determine whether it could be won or not before agreeing to work on that basis, so please try and gather as much evidence as possible to help them prove your case.

If they agree you have a chance of winning the claim, then they’ll provide you with a conditional fee agreement (CFA). This is your contract and states clearly that you don’t need to pay any solicitor’s fees unless you are compensated. It will also explain what success fee is payable should your case be settled.

A success fee is a percentage of your compensation that’s deducted before you are paid. By law, this can’t be any more than 25% of your compensation.

We believe that the financial risk and amount of stress is greatly reduced when using a No Win No Fee service, which means more people can go on to make a claim.

What happens if you don’t report an accident – Why Let Us Handle Your Accident Claim?

We’d love you to choose Accident Claims UK to represent you for your claim after an accident at work not reported in the accident book. Here are some reasons that we believe you should:

  • Our advisors offer free legal advice and will assess your claim with no obligation.
  • Our solicitors always try to ensure claims are settled as efficiently as possible.
  • They always aim to ensure you receive the highest amount of compensation possible.
  • Our team of solicitors have up to 30 years of experience handling personal injury claims.
  • We’re contactable 24-hours a day and 7-days a week, so you can get in touch whenever it’s best for you.

Talk To Our Accident Claims Team About What Happens If You Don’t Report An Accident

Now that you’ve finished reading this guide about pursuing a claim even when the workplace accidents were not reported in an accident report book, we hope you’re ready to begin a claim. If so, you can contact us in any of the following ways:

Remember, whichever way you choose to get in touch, we’ll provide free legal advice about your claim. If you’d like, we can assess your claim for free also. There will never be any pressure or obligation to proceed, so please call to discuss your options.

Accident at work not reported in the accident book FAQs

When is an accident book required in the workplace – Does my workplace need an accident book?

Most of the time, yes. It’s a legal obligation for any company that employs ten people or more to have an accident book on-site to record injuries. If you work in a company with less than ten employees, your employer may still have an accident book as part of health and safety best practices, so it’s best not to assume that there isn’t one just because you’re employed by a company that employs nine people or less. There may be a person in charge of this, so it is best to ask your employer who this is.

When is an accident book required in the workplace and who can fill in an accident book?

There aren’t any rules to say that it has to be the injured person who makes the report in the accident book. In fact, this often isn’t feasible as you might need to seek urgent medical attention or could be incapacitated in a way that prevents you from filling this out yourself.

In these circumstances, a colleague can fill out an accident report in the accident book. However, because the details in the book must be accurate, especially if a claim is to be made, it should ideally be someone who was there when the accident took place.

If you’ve been involved in an accident and didn’t think to or were unable to report your workplace accident in the accident book, get in touch with our team today to discuss making a claim.

When is an accident book required in the workplace and what happens if an accident at work is not reported?

This could see the organisation receive a fine for not complying with legal requirements.

When is an accident book required in the workplace and why are some accidents not reported?

Usually, this suggests an oversight by employees, but it’s also possible for employees to be reluctant to report their accidents for fear of reprisals in the working environment.

When is an accident book required in the workplace – What accidents should be reported to HSE?

This includes accidents causing an injury at work, hospital treatment and/or death, as well as other dangerous incidents on-site.

When is an accident book required in the workplace – should near-misses be reported?

Yes, near-misses should also be reported as a way of identifying potential workplace hazards, such as a wet floor.

What happens if you don’t report an accident in time -How long do you have to put an accident in the accident book?

You should keep it there for up to 3 years after the accident takes place.

Where is the accident book kept?

The accident book should be kept within a place that is easy to find and remember.

Essential References Related To What Happens If You Don’t Report An Accident

Finally, to assist you further, we’ve provided some additional guides, links and external resources below, related to questions such as when is an accident book required in the workplace, which we hope you’ll find useful.

Accident Book Information  – This guide is from the Health and Safety Executive. It provides advice on why an accident report book is required and when it should be used.

NHS Service Finder – As discussed, it’s important to have any injuries assessed and treated. This tool helps make finding NHS services like GPs or hospitals easier.

Health And Safety At Work – A set of web pages from the UK government regarding employers responsibilities towards their staff.

Workplace assault claims – This guide provides information on when you could claim an assault in the workplace. It also explains how much compensation might be awarded.

Accident At Work Claims – A more in-depth look at when you might be able to sue your employer for injuries caused by negligence.

Public Place Accidents – This guide explains when you could ask for compensation if you’re injured in a public place. It covers claims against local authorities as well as business owners.

Other Helpful Guides:

When is an accident book required in the workplace – Updated Workplace Accident Statistics

When it comes to  2020/21 statistics for workplace illness and injury, the HSE reported that 0.4 million people suffered a work-related non-fatal injury, with a total of 1.7million people suffering a new or longstanding case of work-related illness. 142 people were killed at work in workplace accident in 2020/21 too.

The causes of accidents at work that caused injury vary, with the top cause being slips, trips and falls on one level. This amounted to 33% of the accidents causing non-fatal injury. Other causes of injury at work included handling, lifting and carrying, being stuck by moving objects, violent acts and falls from heights.  The graph below shows how common these accidents were.

 1. what to do if an accident occurs in the workplace (h3) 2. accident at work is not my fault 3. what information should the accident book include

Could I claim for an accident at work not reported in the accident book if it was fatal?

You would think that every fatal accident in the workplace would be recorded in the accident book. However, if it isn’t, and you could prove the accident was due to an employer’s negligence in protecting the health and safety of a loved one, you could still claim fatal injury compensation. When you claim such compensation, you could receive damages for your bereavement, as well As for the pain and suffering your loved one experienced before they passed away. In some cases, you may also be able to claim for loss of financial support if you were dependant on them. In addition to this, you could receive damages to cover the cost of your loved one’s funeral. If you would like to speak to us about making a fatal accident claim, please call our team.

When is an accident book required in the workplace? How could a workplace injury affect me?

If you’re injured in the workplace, this could affect you in many different ways, including:

  • Physically – the first and most obvious way in which you could be affected is physically. You could claim compensation for physical injuries resulting from a workplace accident that wasn’t your fault. These are known as general damages and could compensate you for loss of amenity, pain and suffering.
  • Psychologically – You could also suffer psychological effects from an accident at work. You may have feared you were about to lose your life, or you may suffer PTSD. You could include psychological injuries in your claim.
  • Financially – You could suffer significant financial expense because of your injuries and the accident. Some people could suffer a significant loss of earnings, while others could sustain substantial medical expenses, care costs and even travel costs.

No matter how a workplace injury has affected you, we could help you claim compensation for an accident at work not reported in the accident book that was not your fault. Please get in touch with our team to find out more.

Top tips on what to do if an accident occurs in the workplace

If you’re wondering what to do if an accident occurs in the workplace, these top tips could help:

  1. Report the accident. The person in charge of health and safety at work, such as a first aid trained member of staff, could answer any questions about what information the accident book should include. If you’re not sure how to report an accident at work, you could speak to your supervisor.
  2. Get medical attention. It would be wise to seek medical advice on any injuries you suffer in an accident at work.
  3. Take photographs. Photos of the scene or your injuries could be useful.
  4. Gather witness contact details. Your solicitor could approach witnesses for a statement.
  5. Obtain free legal advice from Accident Claims UK.

We would be happy to answer any questions you may have about your eligibility to claim over the phone. We could assess your case, and if we determine you have a valid claim, could provide you with a No Win No Fee solicitor to assist you.

Can I claim for an accident at work, if it is not my fault?

If an accident at work isn’t your fault, you may be able to seek compensation. However, you need to prove that the accident caused you to sustain physical or psychological harm after breaching the duty of care they owed you. As such, you would need to provide evidence. For example, you could write down what happened in detail, this could help if you’re intending to make a claim for compensation. We would advise you to seek legal advice too. Our team could speak to you about injuries you’ve sustained in a workplace accident, and whether you could claim for them.

Final words on what happens if you don’t report an accident

Thank you for reading our guide on claiming for an accident at work not reported in the accident book. Now you will know what happens if you don’t report an accident, and we’ve answered the question of ‘when is an accident book required in the workplace? as well as explaining what happens if you don’t report an accident.