There Is Not A Record Of My Accident Or There Was No Accident Report Book, Could I Still Claim Compensation?
By Fern Easton. Last Updated 18th February 2021. Welcome to our guide on claiming for an accident 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 could you still claim if you failed to report the incident and it was not recorded in the accident report book? Also, what happens if there was no accident report log available? In short, the answer is that, in some circumstances, you could still claim but it may be more difficult to prove what happened.
In this guide, we’re going to look at why recording accidents is important, what to do if there is no accident report 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? There’s no pressure or obligation to proceed, so you’ve got nothing to lose.
However, if you’d like to find out whether you could make a claim when you did not report an accident in the accident book, please continue reading.
Select A Section
- A Guide To Claims If There Was No Accident Report Book
- What Is An Accident Report Book Or Log?
- Is It A Legal Requirement To Have An Accident Report Book Or Log?
- How Should Accidents Be Reported And Recorded In An Accident Report Book?
- Why It Is Important To Fill In An Accident Report Book
- What Problems Could Be Caused By Not Reporting Or Recording An Accident?
- What Accidents In The Workplace Should Be Reported And Recorded?
- Do Certain Claims Rely More On A Record In An Accident Report Book?
- Could I Use Other Evidence To Support My Claim?
- Will I Still Be Able To Claim Compensation?
- Accident And Injury Compensation Claims Calculator
- What Could I Claim If Injured In An Accident Which Was Not My Fault?
- No Win No Fee Claims Without A Record In Accident Report Book Or Log
- Why Let Us Handle Your Accident Claim?
- Talk To Our Accident Claims Team
- Essential References
A Guide To Claims If There Was No Accident Report Book
An accident report book is used by business to record incidents which 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 keep occurring. Also, they are important because they can be used as evidence if the injured party decides to make a compensation claim for any injuries they’ve sustained.
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?
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.
What Is An Accident Report Book Or Log?
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 who is 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 business, employers and those in control of premises are required to keep details of any dangerous occurrences, accidents and injuries that occur on their site. How accidents are recorded doesn’t matter. It could be a piece of 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 which 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 the guide.
How Should Accidents Be Reported And Recorded In An Accident Report Book?
When an incident is reported and an accident report book is available, it’s important that the correct information is 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 why an accident 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 that was 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 type of 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. 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, then 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 accident which 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:
- Slip, trip or fall accident claims.
- Accidents which happen in public places.
- Accident at work claims.
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 at the time, 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 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, the more of the evidence listed above that you have, the better your chances of proving what happened.
Will I Still Be Able To Claim Compensation?
In any type of personal injury claim, if you can prove what happened, the better your chances of successfully being compensated. Therefore, even if an accident was not recorded, if you have enough evidence to support the facts, a claim could still be possible.
Accident And Injury Compensation Claims Calculator
The personal injury claims calculator table below provides some compensation amounts that could be awarded for specific injuries. Don’t worry if you don’t see your particular injury, as it would be impossible to list every type here.
|Type of Injury||Severity||Range||Comments|
|Shoulder||Minor||£4,080 to £7,410||This is a range of compensation for soft tissue damage that is fully healed within 1 to 2 years.|
|Pelvis||Minor||Up to £3,710||This is a range of compensation for minor tissue injuries of the pelvis where full recovery occurs.|
|Arms/Elbow||Moderate||up to £11,820||This is a range of compensation for simple fractures, lacerations and elbow fractures. It could also include tennis elbow syndrome.|
|Hand||Serious||£27,220 to £58,100||This is a range of compensation for injuries which cause a 50% loss of function in the hands.|
|Hand||Moderate||£5,260 to £12,460||This is a range of compensation for penetrating wounds, deep lacerations as well as crush injuries.|
|Legs||Severe||£90,320 to £127,530||This is a range of compensation for an injury where the leg doesn't require an amputation but the effect of the injury is the same the same as if it did.|
|Foot||Severe||£39,390 to £65,710||This is a range of compensation for injuries which cause substantial mobility restrictions such as a fracture of both heels or feet.|
|Foot||Modest||up to £12,900||This is a range of compensation for puncture wounds, ruptured ligaments and simple metarsal fractures.|
|Neck||Moderate||£23,460 to £36,120||This is a range of compensation for disclocations, or fractures, in the neck which might require spinal fusion.|
|Neck||Minor||£4,080 to £7,410||This is a range of compensation for soft tissue damage that is fully recovered from within 1 and 2 years.|
|Back||Moderate||£26,050 to £36,390||This is a range of compensation for crush and compressinon fractures which cause severe pain and could result in spinal fusion surgery.|
You’ll notice that the amount of compensation varies according to the severity of the injury. Therefore, it’s important that you solicitor can show what injuries you suffered and how serious they were. To achieve this, our solicitors use medical evidence as well as reports from independent doctors to try and ensure you receive the correct level of compensation for your suffering. To find out what could be included in a claim for an accident not reported in the accident book, continue reading.
What Could I Claim If Injured In An Accident Which Was Not My Fault?
When a solicitor begins a compensation claim, they can use a number of 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 for 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 making a claim 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. Obviously, 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.
Why Let Us Handle Your Accident Claim?
We’d love you to choose Accident Claims UK to represent you for your claim. 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’ 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
Now that you’ve finished reading this guide about claiming even when the accident was 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:
- Call a specialist advisor for free advice on 0800 073 8801.
- Send details of your claim via email to email@example.com
- Use our live chat feature to connect with an advisor right from this website.
- Or ask for a call back by completing our online claims form.
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 not reported in the accident book- FAQs
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 for the recording of 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.
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 it’s really important that the details in the book are 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 accident in the accident book, get in touch with our team today to discuss making a claim.
Finally, to assist you further, we’ve provided some additional guides, links and external resources below, 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 for 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.
Thank you for reading our guide on claiming for an accident not reported in the accident book.
Article by Brett.