Claiming personal injury compensation when there is no record in an accident book

Recording the details of an accident

A very important element in making sure your claim for personal injury compensation has the best possible chances of succeeding is to ensure that the details of the incident have been properly reported and recorded. Usually, this would include an entry in an accident book. If there isn’t one, don’t worry, as we can help – in this article we look at how to claim compensation if an accident book record of your injuries doesn’t exist.

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What is an accident book?

An accident book provides an employer, business or venue an official means of recording incidents and injuries. Anyone who has suffered a personal injury on their premises has the right to request that the details of their accident and injuries are reported and recorded. The details recorded in an accident book can prove to be extremely important when it comes to a solicitor winning a claim for injury compensation.

The two most common areas of personal injury claim where accident books play a big role are accidents at work and slipping claims, such as on a wet floor with a lack of hazard signs, in a supermarket, shop, restaurant or other similar venue. In most circumstances, staff members from such establishments will automatically make a record within an accident book if someone is injured. However, you should do all you can to make sure that this has happened, as if it has not, the strength of your claim for personal injury compensation could be weakened.

But that doesn’t mean you can’t claim without an accident book entry. A strong record in an accident book is just one of the many key bits of evidence that can help any personal injury compensation claim reach a successful outcome, and you can often find other means of proving what happened.

Proof of liability

Records of the details of an accident, what caused it, what injuries have been sustained and what treatment or advice has been given at the site of the accident support a claim for personal injury compensation. An accident book record provides proof that an accident happened in a certain location and in a certain way, which in turn helps a specialist injury claims solicitor to prove liability rests with the defendant of the claim.

Accident book records form an often essential part of the ‘paper trail’ that will enable your specialist personal injury solicitor to successfully pursue your claim for personal injury compensation. When combined with medical evidence and witness information, the entry can be the final piece of a jigsaw that forces a 3rd party to admit liability or for an employer to admit to employer negligence.

One of the biggest obstacles to making a claim for personal injury compensation when details of it are not recorded in an accident book is that it could lead to a solicitor being less willing to run your claim on a Conditional Fee Agreement (No Win No Fee) basis, as the risk of losing increases. The lack of a report gives the 3rd party some room for manoeuvre should they wish to deny liability in relation to your claim. If there is no accident book entry the 3rd party could try to deny any knowledge of the incident, or even try to claim that you were not injured where you said you were.  The onus would then be on you to prove that what you have said is true.

What an accident book should record

Accident book entries should list the type of accident that happened, such as a slip on a wet shop floor.  In order to provide the best evidence to support a claim for personal injury compensation, an accident book record should also list other important information. For example, making sure that the lack of a hazard warning sign being present is noted if relevant. Details of injuries and immediate symptoms should be recorded, and if relevant confirm that an ambulance has been called or what first aid has been administered. Where possible, all injured parties should ensure that they request the accident book and that they are allowed to read and agree to the details of any entry made by a staff member or other person in relation to their accident.

What to do if there is no accident book entry

But what if the details of your accident have NOT been recorded within an accident book? Can you still make a claim for personal injury compensation? Thankfully, there is no law that states that you cannot make a claim in such circumstances, but for obvious reasons it does become more difficult to pursue a claim if this is the case.

Of course, if the injuries sustained were so serious that the injured party was incapacitated and whisked away from the scene by paramedics, there is a chance that an accident book entry has not been made, especially in a shop. In this case, ambulance records would prove that you were injured in a certain location and therefore this could not be denied. In such cases, you would still have a reasonable prospect of pursuing a claim for compensation.

Employers should always fill in accident book entries after injuries in the workplace. If you did not record details of your incident with the management or owners of the establishment or workplace where you were injured and still wish to claim, there are things you can do to help prove your claim. Here are some useful tips for those of you who have NOT recorded the details within an accident book:

  • Write to the relevant 3rd party (eg supermarket, shop, employer) explaining the details of your injuries, how they were caused and explaining your accident. Request that they make a record of it within their accident book. Send the letter by recorded delivery and retain a copy for yourself (along with proof of postage). This could become a useful document when it comes to pursuing your claim.
  • Contact the 3rd party where you sustained your injuries. Ask if anyone has made a report. Ask if there is any available CCTV footage of the accident and if so, request that it is retained.
  • You can take photographs of hazards at work, such as faulty machinery or inadequate work practices.
  • Seek independent witnesses that can support your version of events. The witnesses must be independent as they could be cross-questioned should the claim reach court. If you can provide details of witnesses and these witnesses can corroborate your version of events, your prospects of successfully claiming personal injury compensation will greatly increase. You can ask colleagues and co-workers if they would be willing to act as witnesses. Whilst this is obviously a difficult thing for them to do, we’ve found that many people who are sick of the employer neglecting their safety at work are more than willing to help.
  • Make sure that you inform your GP, A&E doctors or physiotherapist as to the cause of your injuries. If they have recorded your injuries as being caused at a certain place and in a certain way, again, this helps you with your proving liability against a 3rd party.

If you have been injured in an accident which hasn’t been recorded, know someone who has or just want to find out more about making a claim for personal injury compensation, contact us and we’ll gladly help.

Filed under Accident Reporting, Personal Injury Compensation

70 questions   ASK YOUR OWN

  1. HI Ian I slipped over on water water a company in worked for 6 months ago left all over the floor from a machine that leaked every day hit my elbow and have nerve irritation they just left me with a plaster and all went home it wasn’t recorded in a accident book as they didn’t really care i work for a agency and they recorded it would I be able to claim? Have picture on my phone when I first done it

    1. Jason

      Given your description of the slipping accident in which you were injured, I think we should definitely be putting in a claim for compensation for you.

      The fact that the incident has been recorded with the agency who placed you in this workplace is good and gives our specialist solicitors a paper trail to follow in terms of proving the accident happened. The photograph you have further enhances your prospects with this claim.

      If a machine is faulty and leaks all the time, an employer or business MUST removed it from use until it is repaired or replaced. To leave it in use when it is known to create a hazard exposed employees to the risk of injury and exposes the employer to claims of negligence should any of those employees sustain injuries (such as yourself) and then pursue a claim for compensation.

      Please email your contact number to me and we’ll then call you to take some further information before getting the right specialist solicitor on to this for you.

      I look forward to hearing from you.

      Yours sincerely

      Ian

  2. Hello, a few weeks ago I was in a bar, I slipped on the wet floor in the bar and damaged my left knee, resulting in being in a splint and crutches. The bar was wet everywhere, wet dripping off the walls, towards the toilets, around the bar, dance floor. They were mopping some up with a mop and bucket and some with kitchen towel. At no point was there any cones or warning signs placed. I’m unsure if there was any witnesses apart from my partner and I didn’t log into accident book as at the time i thought I’d just twisted my leg a bit and sleeping would help. Went back to the hotel via a taxi, hobbled with help of partner but couldn’t walk the following morning so he took me to an a and e department, where they advised about my injuries. Can I make a claim? I have been off work for 2.5 weeks with no date of return or recovery as of yet.

    1. Lisa

      Obviously, the lack of any accident book entry or independent witnesses may hinder your claim. However, all is not lost and this is something we would still like to look in to for you.

      I would strongly advise that you contact the bar in question by writing to them – either by email or via Royal Mail Recorded Delivery (if you opt for Royal Mail, retain a copy of your letter for your records and your proof of postage) – to advise them of the incident, what happened, when and how. You should advise them that you didn’t realise the severity of the injury at the time, but want it recorded now as it is quite serious.

      I would imagine that you advised the A&E staff of the way that you sustained your injuries and this should be noted on your medical records – that could be of help.

      Please call us on 01224430285 or email your number to me ([email protected]) so that we can call you and obtain some further details and then get a specialist Solicitor to contact you to discuss this further.

  3. 1st Incident February 2015
    worked in a supermarket I served a customer and realised after he’d forgotten his bank card, as he was regular customer I went after him outside in the car park seen him near the steps shouted few times but didn’t hear me when I caught up handed card over I turned round and my shoe caught something and I fell on my knee. Felt so embarrassed didn’t look to see what it was and the pain was so excruciating I cried all the back in store told the duty manager what I’d done he said that he can’t enter into accident book as it was outside…cried all way home same day in my car took me longer as I couldn’t change gears and my knee had swollen double the size. I managed to get to A&E following day told me keep taking medication and swelling should go down…months passed and no change just got worse had trips to hospital from one department to another.Then in May scan showed I had a tear in my cartilage in my knee…had key hole surgery but with no success..still limping and not working and still painful as ever…do you think I have a case?
    2nd incident may /June 2015
    Same supermarket I was working.
    I had finished the newspaper / magazine returns and filled the tote boxes up and loaded on a trolley but wasn’t aware that It was the one with broken wheel, as I went to push the trolley it didn’t move and it tipped over and my left hand was under the boxes even though a customer got hold of me and stopped me from falling down. Yet again I was so embarrassed tht there few customers at the tills I quickly picked the boxes up and felt really bad pain in my hand I went to the warehouse to report it to manager as there was no first aider there and told him what I’d done he just called me a demic and laughed it off as they were busy unloading a delivery..I went back and told one of my colleague what he’d said and she was shocked and appalled at the remark..The following day my had was sore few days later it swelled up but nothing got recorded 2 years down the line can’t move my wrist and got arthritis in it too.. can you help?

    1. Gita

      Yes, I think we can help you! With the accident in the car park, you’ll need to be able to identify what it was that caused you to sustain the injury – what the hazard was and where it is. Ideally, you should take some photographs of the hazard.

      I suggest that you contact us on 01225430285 or email your number to me ([email protected]) and we can then speak with you and look to take this further.

      Yours sincerely

      Ian

  4. i sustained a severe fractured wrist due to slip on a dance floor. the floor was slippy and wet as people had drinks on the dance floor. on reporting to 2 members of staff and requested first aider I was informed none were available .we left the club returned to home and to a&e .can I claim. my wrist had to be operated on and pinned and is still not right after almost 4 months

    1. Cecelia

      We’re really sorry to hear about the injury to your wrist. Any complex joint fracture (the wrist is a complex joint) is a serious matter and given that you have had to have surgery to insert pins to the wrist, it indicates that your injury was clearly a bad one.

      You may well be able to pursue a claim for compensation against the venue (I assume it was a Pub or Nightclub?) on the grounds that the dance floor was wet and slippery due to spilled drinks. To be able to defend the claim, the venue in question will have to provide evidence that the prohibit people from taking drinks on to the dance floor and that they were actively managing this issue on the night that you were injured.

      Given the lack of first aid provided to you at the time, I do wonder if there is any record of your injury with the night club. Did any of the staff to whom you reported the incident take your details? If not, I would strongly suggest that you write to them now – via email or post – stating what happened to you, when and what the injury is. You should note who was with you at the time and outline that you saw no staff preventing people from taking drinks on to the dance floor and saw no signs advising people not to do so either. If you send such a letter by post, you should do so via recorded delivery and retain a copy of the letter for your records along with proof of postage.

      From what you have said, it would seem that you were not alone in the club and as such, you do have witnesses who can provide statements to confirm that the injury happened in the said club because of a wet floor.

      I would like to bring this claim to the attention of our specialist injury compensation Solicitors as they will then be able to fully advise you of your prospects going forward. Please email your contact number to me – [email protected] – or call us on 01225430285 so that we can take some further details and then get the right specialist solicitor to contact you.

      I look forward to hearing from you.

      Ian

  5. I had an accident at work (a pub), where I trapped my finger between to barrels. The little finger was broken and I have had to have some of it removed.
    This wasn’t my shift, it was my boyfriends shift (we both work at the same pub) and we didn’t tell our HR manager about the swap.
    I have been receiving ssp but want to know if I can still claim against the pub for my injury?
    Thanks

    1. Jenny

      You still have a right to claim – if the injury was caused as a result of employer negligence or a fault that was not yours, you should still be able to pursue this.

      We would definitely be happy to help you with this and get one of our specialist injury solicitors to take this forward. Please call us on 01225430285 or email your number to me and we’ll be in touch ([email protected]).

      I look forward to hearing from you.

      Yours sincerely

      Ian

  6. Hello i am a dog groomer when at work i went to lift a dog out of a bath at the same time the dog decided to jump and i caught it
    i had to liftthe dog as the bath was broken
    I thought i pulled a mussel in my back but it was masking what i had done i had damaged my shoulder
    so i have had to surgery seven months later still having physiotherapy twice a week as my shoulder has now gone in to a frozen shoulder have been told may need second surgery
    Due to not using my shoulder my other shoulder has taken on the stain and is showing signs of a problems the ultrasound has shown fliuld which has capsulated plus frayed tendon when my sick pay run out they gave me my p45 for Christmas
    Thank you

    1. Sam

      On the basis of what you have said, it would seem that there is a good argument to be made in your favour regarding a claim for compensation against the employer.

      Your injury was caused as a result of yuour work and if I have understood things correctly, there was an item that was supposed to help with lifting but it was broken (you mentioned that you had to lift the dog because the bath was broken?) – if this is the case, your employer may have to accept liability if you were to make a claim for compensation for this accident at work.

      I would be very happy to discuss this with you and at least get one of our specialist solicitors to review your accident at work details with a view to seeing if a claim for compensation could be pursued. Please call us on 01225430285 or email me your number to: [email protected] as a quick 5 minute chat would enable us to give you a better view on things.

      I look forward to hearing from you.

      Yours sincerely

      Ian

  7. Hello 2 days before Xmas 2016, in the mid morning I slipped over in the warehouse tarmac yard it was frosty in the morning but i didnt notice that it was slippery . I have damaged my knee and currently seeing specialists . I have been on sick unable to walk since 8jan. The doctor gave me a light duties fit note which my line manager said they couldn’t do as they had no light duties. So I have been on sick with no sick pay (cept SSP) since.
    I spoke to my union and there solicitors, they say I have no claim because I am the manager of the store, therefore any fault or claim of negligence would be turned back at me as I’m in charge and should have been aware of the conditions outside. I had a new knee last year and this fall has damaged my other knee virtually beyond repair and I am waiting for a final surgeons appointment. At the end of Feb although I am attempting to go back to work next week with a knee brace and increased medication
    1. Is there a claim for injury here or at worst
    2. As it was an accident at work can they be forced to pay my wages?
    Accident was reported that day and I have CCTV footage of the fall.

    1. Tim

      Thank you for coming to us, your injury sounds painful.

      To answer your last point first, your employer has no obligation to pay your wages – even if you were injured at work. It really depends on your contract of employment and whether or not your employer is kind or simply goes down the obligatory SSP route.

      Whether or not you can make a claim for compensation is not certain, as the Manager of the store, you may have some responsibility here. However, I would like to let our Solicitors look in to this for you as it could be that your employer is the responsible party as they may never have carried out a risk assessment of the slip risk in icy conditions – also, they may not have ever provided salt/grit to use in such conditions. There is a possibility that you could still claim against them, but have to accept a portion of responsibility – it is called split liability. At this stage, I am just guessing/outlining a possibility – split liability is where both parties accept some of the responsibility for the accident. For example, maybe your employer is 70% responsible because they didn’t risk assess this possibility or they didn’t ask you to do it – or make it part of your job and maybe you are 30% responsible as the manager of the store for failing to see a risk, report a risk or act on a risk.

      If this were to be the case, you could still claim but any settlement would be (on the basis of my example) made at 70% of the total value (as you would have to accept 30% of the responsibility). In this scenario, it would still be worth claiming.

      I suggest that you fill in our contact form: https://direct2compensation.co.uk/make-a-claim-for-compensation so that we can get in touch and see what we can do.

      I hope this helps

      Best regards

      Ian

  8. My 9 year old son had an accident on play equipment at an oceanarium. The company said that they are not at fault and gave us their insurers address if we wanted to persue a claim. We do not know who we should be seeking compensation from; whether it is the company that supplied the spring play equipment that broke or the company who had the said equipment installed in a public area?
    Advice please

    1. Denise

      The situation you describe is exactly where the benefit of instructing a specialist personal injury solicitor to pursue your claim rests. As a parent you want to do your best to represent your son’s interests and if possible seek compensation for his injuries. However, when it comes to dealing directly with insurers as an individual, it is very easy to get lost in the complexities of their handling of such matters. With us, our specialist injury compensation solicitors know what to do and importantly, have the tools to locate the right insurers and defendants to action claims.

      Of course, whether or not your Son can pursue a claim successfully will depend on what caused his injury and whether negligence can be attached to the defendant. With this in mind, I would suggest that you give us a call on 01225430285 so that we can have a quick chat and discuss this in greater detail. We’re certainly keen to help and have succeeded with a number of similar claims in previous years.

      If you can’t or don’t want to call at this time, please feel free to email me – [email protected]

      Yours sincerely

      Ian

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