By Jo Anderson. Last Updated 15th December 2023. The accident book is a legal requirement for workplaces with ten or more employees. Employers by law have to report and record certain work-related injuries and incidents according to Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) requirements. If your injury or accident was not a reportable incident it is still important to have this recorded in the accident log book. That said, if no log has been made for the accident in which you were injured this does not mean you cannot pursue an accident at work claim.
In this guide, we are going to look at when an accident book is required in the workplace, and how recording your accident in a log book could help if you choose to make a personal injury claim.
We’ll also look at what information should the accident book include, and explain when having an accident book is a legal requirement. Following this, we’ll explore compensation in accident at work claims, and discuss how this compensation is calculated.
If you have a valid claim, you might want to have the support of an accident-at-work solicitor. We conclude this guide with a look at the benefits of having the support of a solicitor who works on a No Win No Fee basis.
Our friendly advisors are here to help. If you’d like to know more about the claims process, or if you’d like to start your free consultation, get in touch by following the details below:
- Call us on 0800 073 8801
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Accident at work not reported in the accident book
Select A Section
- My Accident Was Not Reported In The Accident Book, Can I Claim?
- What Accidents In The Workplace Should Be Reported And Recorded?
- Could I Use Other Evidence To Support My Claim?
- Time Limits In Accident At Work Claims
- Work Accident Claims Calculator
- No Win No Fee Claims For Injuries That Weren’t Recorded In An Accident Book
- Essential References Related To What Happens If You Don’t Report An Accident
My Accident Was Not Reported In The Accident Book, Can I Claim?
If you have suffered injuries in an accident at work, you may be wondering whether you can claim compensation. There are certain criteria your claim must meet to be valid. If your accident is not reported in the accident book, but your case meets the eligibility criteria, you could still claim compensation.
To have a valid personal injury claim, you would need to be able to prove that your employer had breached their duty of care towards you, causing your injuries.
Under the Health and Safety At Work etc. Act 1974 (HASAWA), your employer must take reasonable steps to protect your health and safety while at work. This is their duty of care.
Employers are legally obligated to record specific work-related injuries, illnesses and accidents under The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013. Furthermore, workplaces with ten or more employees must have an accident book on-site. However, you do not need to have made a report of your accident in this book to be still eligible to make a personal injury claim.
To learn more about making claims for accidents at work, please read on, or contact an advisor to discuss your case.
Why It Is Important To Fill In An Accident Report Book?
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.
If you have further questions about recording accidents at work, with a view to making a claim, please contact an advisor. They will be happy to answer questions such as “How long do you have to put an accident in the accident book?” and “Am I eligible to claim?”
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.
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.
Time Limits In Accident At Work Claims
Under the Limitation Act 1980, you would typically have three years from the date of your injuries to make an accident at work claim.
However, there are some exceptions to this. For example, if a minor was injured in an accident at work, they would not be able to claim until they turn 18 years old. Until then, the time limit is paused, and a litigation friend could bring a claim on their behalf. If no claim was filed for them by the time they turn 18, they would have until their 21st birthday to file their own claim.
Similarly, those who lack the mental capacity to make their own claim can have exceptions made to the time limit. In these cases, a litigation friend can make the claim for them, as the time limit is suspended indefinitely. If no claim has been made for them and the person recovers the required mental capacity to make their own claim, they will have three years from the recovery date to start legal proceedings themselves.
To learn more about how long you might have to make an accident at work compensation claim, whether it was recorded in the accident book at work or not, please contact an advisor.
Work Accident Claim Calculator
If you are eligible to make an accident at work claim and it is successful, your payout could include general and special damages.
General damages compensate you for the pain and suffering you have endured and the impact of the injury on your quality of life.
When calculating general damages, a publication known as the Judicial College Guidelines (JCG) could be used. This provides guideline compensation brackets for different injuries at various severities.
You can see some figures from the 2022 publication of the JCG below. These figures should only be used as a guide. Please note that the first figure in this table is not taken from the JCG.
| Injury Type | Compensation Bracket | Notes |
|---|---|---|
| Multiple Injuries That Are Severe Plus Financial Losses | Up to £1,000,000+ | Several severe injuries causing severe consequences and financial losses, such as medical costs. |
| Severe Neck Injuries (a) (i) | In the region of £148,330 | Severe injuries involving partial paraplegia and/or spastic quadriparesis. |
| Severe Leg Injuries (b) (i) | £96,250 to £135,920 | The most serious injuries short of amputation. |
| Chest Injuries (b) | £65,740 to £100,670 | Traumatic injuries to the heart and chest causing permanent damage, reduction of life expectanct and disability. |
| Wrist Injuries (a) | £47,620 to £59,860 | Causing complete loss of function. |
| Severe Shoulder Injuries (a) | £19,200 to £48,030 | Cases of damage to the brachial plexus, resulting in disability. |
| Total loss Of Hearing In One Ear (c) | £31,310 to £45,540 | Consideration given to continuing symptoms. |
| Moderate Knee Injuries (b) (i) | £14,840 to £26,190 | Dislocations, torn cartiledge and meniscus, causing wasting, weakness or other disability. |
| Hernia (a) | £14,900 to £24,170 | Continuing pain, with limitations to physical activity, employment and other activies even after repair. |
Special damages compensate you for costs and losses caused by your injuries, such as:
- Care costs – For example, if you have required care at home because you couldn’t look after yourself due to your injuries.
- Medical expenses – These could include prescription costs and the cost of mobility aids, for example.
- Travel costs – For example, you may have had to pay to travel to hospital appointments.
- Loss of income – This could be incurred if you have had to take time off work to recover from your injuries and have lost pay as a result,
You will need to prove that these are reasonable costs incurred due to your injuries. As such, you should keep a record via receipts, payslips, and invoices.
To learn more about compensation in accident at work claims, you can contact our team of advisors. They could also answer questions about what to do if your accident isn’t recorded in the accident book at work.
No Win No Fee Claims For Injuries That Weren’t Recorded In An Accident Book
Now that you’ve learned more about when an accident book is required in the workplace and how it could help you claim, you might be wondering how a solicitor could help. Our solicitors provide their services under the terms of a Conditional Fee Agreement (CFA), which is a type of No Win No Fee arrangement.
When your solicitor provides their services under this type of agreement, there won’t be any upfront or ongoing fees for their work on your case. Additionally, if your claim does not succeed, you won’t be asked to pay for their work on it.
However, a success fee from your compensation if your claim is a successful outcome. This amount is a percentage that is capped by the law.
If you’d like to find out if working with one of our solicitors could be right for you, contact our team. One of our advisors can discuss your claim and how long you have to put an accident in the accident book throughout a free consultation. If they find your claim to be valid, they may connect you with one of our No Win No Fee accident at work solicitors.
To get started, contact an advisor on the following details:
- Call us on 0800 073 8801
- Fill in our contact us form for a callback
- Use the live chat feature
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:
- Back Injury At Work Claims
- Building Site Accident Claims
- Get more information on potential chronic pain compensation amounts with our helpful guide.