When an employer refuses access to the accident book, it can feel intimidating and isolating. However, understanding your rights and taking proper action can protect both your health and legal interests. Let’s explore what you should do in this situation.
Legal Requirements for Accident Reporting
Every employer in the UK has a legal duty to record workplace accidents and injuries. This obligation exists regardless of the size of the business or the severity of the incident. The Health and Safety Executive (HSE) mandates that employers must maintain suitable accident recording systems, whether through a traditional accident book or digital format.
For accidents resulting in serious injury or causing more than seven days of absence from work, employers have additional reporting requirements. These incidents must be formally reported to the HSE through the RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations) system within 15 days of the accident.
Failing to maintain proper accident records or preventing employees from accessing the accident book isn’t just poor practice – it’s a breach of health and safety regulations that could result in significant penalties for the employer.
Types of Employers and Accident Reporting
Responsible Employers
Most employers understand their responsibilities and maintain proper health and safety practices. These employers typically:
- Keep accident books readily accessible to all employees
- Train staff on proper incident reporting procedures
- Investigate accidents thoroughly to prevent future occurrences
- Take immediate action when safety concerns are raised
Non-Compliant Employers
Unfortunately, some employers may attempt to avoid their responsibilities through various tactics:
- Claiming they don’t have an accident book
- Refusing to acknowledge workplace accidents occurred
- Pressuring employees not to record incidents
- Making the accident reporting process unnecessarily difficult
These behaviours often stem from concerns about insurance premiums or fear of investigation. However, such actions can lead to more severe consequences for both the employer and affected employees if accidents go unrecorded and unaddressed.
Steps to Take If Denied Access to the Accident Book
If your employer refuses to let you record a workplace accident, you can still make a claim, but it’s important to take immediate action to protect your interests. The first step is to create your own written record of the incident and send it to your employer via email, ensuring you maintain a paper trail of your attempt to report the accident. This documentation should include specific details about what happened, when and where it occurred, and any injuries sustained.
Making Your Own Record:
Your written statement should be comprehensive and include:
- Date, time, and location of the incident
- Description of how the accident occurred
- Names of any witnesses present
- Details of any injuries sustained
- Any relevant workplace conditions or hazards
Formal Communication:
Send your written account to your employer through multiple channels:
- Email to your direct supervisor
- Copy to HR department or senior management
- Recorded delivery to the company’s registered office
By following these steps and understanding your rights after a workplace injury, you can ensure that even if your employer refuses access to vital records like the accident book, you still have options for making a successful personal injury claim.
Your Legal Rights and Protections
Every employee has specific legal rights regarding workplace accidents and their recording. If your employer is preventing access to the accident book, you should be aware that this behaviour could constitute grounds for additional legal action.
Key Legal Rights:
- The right to have workplace accidents properly recorded
- The right to submit a Subject Access Request for personal information
- The right to report safety concerns to the Health and Safety Executive
- Protection from any form of retaliation for reporting accidents
If your employer continues to refuse proper accident recording, or threatens you could lose your job, you may have grounds for constructive dismissal. Remember that employers cannot delete sent emails, particularly those from your personal email account, so electronic communication provides a permanent record of your attempts to report the incident.
Evidence Collection and Documentation
Proper evidence collection is even more important when your employer denies access to the accident book. The strength of any future claim often depends on the quality and quantity of evidence gathered immediately after the incident. Try to collect the following:
Essential Evidence Types:
- Photographs of the accident scene and any visible injuries
- Medical records from GP visits and hospital treatments
- Witness contact details and statements
- Work emails or messages discussing the incident
- Personal diary entries documenting pain and recovery
- Records of expenses related to the injury
Digital Evidence:
In today’s workplace, digital evidence can be particularly valuable:
- Screenshots of relevant workplace communications
- CCTV footage requests (must be made promptly as footage is often deleted after 30 days)
- Phone records or text messages related to the incident
- Social media posts or messages discussing workplace safety issues
Making a Successful Compensation Claim
Most employers prioritise workplace safety, providing proper training and maintaining accident reporting systems to protect their staff and visitors. They understand their legal obligations and ensure employees know how to record incidents in the accident book.
However, some employers neglect their duty of care, viewing staff as disposable. These employers may:
- Skip essential safety training
- Fail to maintain equipment
- Provide inadequate tools
- Refuse to acknowledge workplace accidents
- Deny access to accident reporting systems
If your employer falls into this category and won’t allow proper accident recording, seek our legal advice. While claims against such employers can still succeed, quick action is essential to preserve your claim’s strength and protect your rights.
Remember that all employers have a legal obligation to provide a safe working environment and proper accident reporting procedures, regardless of their attitude toward workplace safety. Pursuing a legitimate claim is your legal right, and many workplace safety improvements have resulted from employees standing firm on their right to proper accident reporting and compensation.
Working with our No Win No Fee solicitors can provide peace of mind, as you won’t face upfront legal costs and only pay if your claim succeeds. And remember, it’s your employer’s insurance company, not the employer themselves, typically handles compensation claims. This means pursuing a legitimate claim shouldn’t impact your employer‘s business directly.
Frequently Asked Questions
If denied access to the accident book, document the incident yourself by writing down all relevant details (date, time, location) and send this information via recorded delivery or email to your employer. Additionally, gather witness statements and take photographs of any hazards at work.
Yes, employers with 10 or more employees are legally required to maintain an accident book. Even smaller businesses should keep records of workplace accidents for compliance with RIDDOR reporting.
Yes, you can still make a claim even if your injury wasn’t recorded in the accident book. Alternative evidence such as witness statements, photographs, medical records, and emails sent to your employer can support your case23.
Injuries that result in an employee being off work for seven consecutive days or more must be reported under RIDDOR7. Serious injuries like fractures or amputations also require immediate reporting.
You generally have three years from the date of the incident to file a personal injury claim. However, it’s best to start gathering evidence and seeking legal advice as soon as possible.
