Accident Book Reports – What To Do If Your Employer Won’t Record Your Injury At Work

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When someone is injured in an accident at work, employers have certain responsibilities that they are obliged to follow.  One of these requirements is to ensure that details of any incident, no matter how minor, are recorded within an accident book or accident recording system. In cases of serious injuries, the employer also has a responsibility to report the accident via RIDDOR to the Health and Safety Executive. All accidents at work must be reported to RIDDOR where the injured employee is caused to be away from work, or left unable to work as normal, for seven consecutive days or more because of the injuries that they have sustained. The report must be made within 15 days of the accident.

The vast majority of employers care about their staff and site visitors. Good employers take health and safety regulations seriously, don’t try to get in the way of people being treated fairly and provide a safe working environment to their staff. They will carry out regular safety training for their staff, and one of the things that they should do is make sure that all staff understand how to record the details of any accidents within the employers accident book.

Employers that avoid accident book reporting

Unfortunately, there remains some less impressive employers out there who treat staff as a disposable asset and fail to uphold their duty of care towards health and safety at work. Remember, employers have a legal responsibility to ensure that all workers have a safe and secure working environment where the risks of injury are avoided as much as possible.

Bad employers will avoid safety training, cut corners with regards to providing the right tools, expect workers to use dangerous machinery that is not maintained, and unsurprisingly don’t provide accident books. In the worst cases, really bad employers will even refuse to acknowledge that any accidents have happened in their workplace. If this has happened to you, we suggest that you contact us immediately. In these circumstances you need expert advice and support. You can still succeed with a claim against such an employer, but it will be important to move quickly to ensure that the strength of any claim you may wish to make is not unduly affected.

What to do if you can’t use the accident book

At Direct2Compensation we can help you to understand your rights after an injury at work and how to make sure you have done everything possible to provide the evidence to support your claim. If your employer won’t let you see or use the accident book, you can take the following actions to help you claim compensation:

  • Get witnesses: 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.
  • Take photographs: You can take photographs of hazards at work, such as faulty machinery or inadequate work practices.
  • Send a recorded delivery letter: Another good thing to do is to send a letter to the registered office of the workplace listing what happened to you, the date, the cause and the injuries. Send this letter by recorded, signed for mail and retain a copy of the letter and your receipt and proof of postage.
  • Find a specialist solicitor: You can then provide all this to your solicitor to help them succeed with your claim for personal injury compensation.

It is important that an injured employee is aware of what they should do next after a work-related injury. Some things will be obvious, such as getting medical treatment, but many people don’t know their rights after an accident at work, or what they should do to make sure that the incident is properly recorded and that the right people have been informed.

It is never unethical to pursue a genuine claim for personal injury compensation, especially when you are dealing with bad employers who fail to act ethically and responsibly. Health and safety is vital in the workplace and by making a claim after an accident at work, you could be helping to make sure that the employers change their ways and that colleagues don’t suffer the same fate.

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Comments & Questions

Read on for questions and advice about claiming...

I had a fall at work. I fell over my PPE gown and have injured my shoulder. I didnt report straight away as I didnt think it would be too serious. I reported less than 2 weeks later and was told I didn’t need to report it as it was my own fault. Ten weeks on, I am still in agony. I have had the last 3 weeks off work as I just can’t bare it. Just wondered where I stand with this. Thanks in advance

Ian Morris

If the PPE gown that you tripped over was too long or unfit for purpose, you can pursue a claim for the injury to your shoulder.

Reply

Morning Ian,
My partner had a serious fall in work in 2018, off a damaged stepladder, suffering multiple muscular injuries and bruising which she still suffers from today. She then suffered a second accident while carrying very heavy oil drums in the same workplace.
We are thinking of claiming compensation for many doctor, hospital and chiropractor visits, and time off due to injury and have contacted the employer requesting a copy of the accident book entry. This request has been declined. Do you think she has grounds for a legitimate claim for compensation?

Ian Morris

My initial view is that she does have a valid right to pursue a claim against the employer – on both counts. These two claim are certainly matters we would be more than happy to investigate and consider further for you.

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Hi I’ve had a accident at work which meant staying in hospital for 3 days and also taking time off work until I get further medical tests. My employer has asked me to sign a document so they can gain access to the medical report from hospital, or if I don’t sign it I’m not allowed to sign the company accident book. Is this true or are they just trying to get out of a compensation claim if I claim?

Ian Morris

It is most likely that the employer is acting correctly and given that a 3 day Hospital stay was needed, it is likely that they are reporting the accident at work to the relevant authorities.

You could protect your interests by emailing your employer to confirm your own version of events re the accident at work and state that you are willing to provide access to the medical report if they are willing to acknowledge receipt of your version of events.

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I broke my elbow in work ad I found out my manager left vital information out of the riddor report. I have signed the report without reading it 1st as I didn’t know what I was signing.

Ian Morris

If you feel that the accident report or RIDDOR report is inaccurate or missing vital information, it is vital that you inform both your employer and RIDDOR immediately, and in writing.

Reply

Is it illegal to prevent an employee from adding the details of an accident at work into the accident book?

Ian Morris

Unsurprisingly, whether or not the details of an accident at work should be recorded in the accident book will depend on the nature of the accident and the severity of the injury.

Of course, best practice requires all accidents at work where an injury is sustained to be recorded in an incident or accident book log. However, UK law only obliges the more serious of accidents at work with the more severe injuries, to be recorded. You can find out more about this in our article about RIDDOR reportable accidents.

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I am on a temporary contract stacking shelves over night.
2 nights ago I felt a sharp pain in my stomach but carried on working because we were busy and short staffed, the next day the pain worsened and over night (on my day off) it became excruciating, I went into a&e 24 hours after the accident and the doctors narrowed it down to an abdominaI tear, I’ve messaged my line manager to record it in the accident book but he tells me “it’s too late”, I’ve had no safe handling training and potentially looking at a lot of time off work to recover. Can I claim?

Ian Morris

Please call us immediately on 01225430285 as you would appear to have both a strong and valid claim for personal injury compensation. The failure of your employer to provide you with safe lifting and moving (manual handling) training is negligent on their part and whether or not you are a permanent or temporary staff member, your employer is obliged to ensure that you are afforded appropriate training and a working environment that minimises the risk of injury. That has clearly not been the case in this situation.

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I had an accident at work at the beginning of March 2020. I tripped over rubbish that was lying around in the store room. The rubbish was left to pile up and become hazardous, as my boss didn’t have correct means of rubbish disposal. I have since been in pain with my hip and have not yet sought any medical examination. I thought after the accident that once the pain and bruising had gone, that I would be ok. I rang the gp surgery when I realised that my injuries were ongoing. Due to the pandemic, a physical examination has not been possible. I reported the accident to my boss on the day it happened and he just laughed. There is no accident book and no witnesses other than cctv which he will have disposed of. I took photos of the place where it happened. Have kept voice notes of how the accident has impacted my health and also have photos of the bruising sustained. As soon as is possible I am seeking medical attention to find out what injury I have actually sustained. Is there grounds for a claim?

Ian Morris

My initial view is that you do have a valid claim against your employer for the injuries you have sustained. The evidence you have obtained in terms of photographs and voice notes could well be important and would help our Solicitors in pursuing your claim.

Reply

Hi,

I tripped & fell over straying wires in my work place in front of my assistant manager & work colleague, when i’ve asked for it to be put in the accident book i was told to wait until my colleague/witness was back at work as i could’nt remember the actual date so have requested to see the rota from that time but it has fell on deaf ears, i have since had back pain through falling but management have not responded in any way.

Ian Morris

You certainly have a valid right to make a claim for compensation against your employers insurance. This is something we can help you with on a No Win No Fee basis.

Loose wires are a foreseeable risk as a tripping hazard and the employer should not have allowed them to be that way. Indeed, wires should be kept within trunking or carefully kept out of the way of any walking area. As this had not happened in your work place, we envisage that you would likely succeed should you pursue a claim.

In terms of reporting the incident and the attempts you have made to get the employer to record the details of your accident at work in their accident book, make sure that you put something in writing regarding your attempts. Perhaps email your boss regarding the incident instead of relying on verbal reporting and chasing.

Reply

I experienced an accident at work which ended with a week in hospital and 4 months off work. I want my employer to provide me with the accident report or the protocol that my employer took on the day of my accident but they are refusing to provide me with this information. What should I do?

Ian Morris

In the UK, employers are not obliged to provide you with a copy of an accident book report. Whilst there is no reason for them not to do so, as they don’t have to, many won’t.

Given the apparent severity of your injury given the week in Hospital and 4 weeks away from work, the sensible move would be to start a claim for compensation against the employer. Our specialist Solicitors are experts in handling accident at work compensation claims. With the use of the legal framework surrounding personal injury compensation, our Solicitors would be able to access details of the accident report and protocols employed by the company in their efforts of securing compensation for your injuries and any loss of income you may have sustained.

Please call our team – we’re ready to help you and can explain your rights, the claims process and help you start your claim for compensation.

Reply

If an employee is carrying out cleaning duties and is caused a back injury by moving a heavy object, in the correct manner, and reports her injury to the proprietor of the business and she does not offer to put this injury in the accident book ( not sure that there is one ) what are her legal rights?

Ian Morris

There is certainly a potential for the injured employee to pursue a claim against the employer. If the employer has not properly risk assessed the work that they are asking their staff member to perform, or if they have not provided adequate training and guidance, the employer will be liable for any injuries and losses caused.

The lack of an accident book at work is a concern, but that is not the injured employee’s fault. In such cases, we strongly recommend making a written report to the employer regarding the accident (by email) and sending it to both the supervisor, line manager and HR department.

Reply

I became trapped in a confined space after one of my employers contractors fitted a mechanical lock incorrectly. After about 30 minutes of trying to escape I suffered a major panic attack. I sent a written statement to my employer to enter in the accident book which gave details of the incident. Having now seen what they have actually written in the accident book it bares little resemblance to my actual statement? They have recorded my injuries but everything else has been worded to downplay the incident. It appears that no one knew about my injuries as my employer had decided to keep it quiet?
The incident was not reported to HSE despite me being off work for 9 months due to my injuries? My employer changed my statement in the accident book without my knowledge or agreement?
I strongly believe my employer removed all the evidence in order to protect the reputation of the contractor who had just won a major contract with my employer.
Where do I stand legally as I have photographic and medical evidence about the incident?

Ian Morris

Have you already made a claim or spoken with a specialist personal injury Solicitor? If not, please make further contact with us by way of our ‘start a claim‘ page so that we can help you in this process.

Regarding the apparent falsification of the reporting of the incident and lack of report to the Health and Safety authorities, you may want to contact the HSE personally to discuss that issue with them.

Reply

Hurt back on site but did not record it in accident book. My employer on the following Monday was informed I was suffering from bad back so I was un able to work. So today I asked about weather or not I should be receiving sick pay my agency told me I was un able to claim as it wasn’t recorded on site. Dose RIDDOR act made by h.s.e stand in this case?

Ian Morris

RIDDOR regulations apply to ALL accidents at work. However, as you have not reported the injury in the work accident book, it means that the employer may not accept that your injuries were caused at work and may therefore not report the incident.

Reply

If a company as lied about a accident on site in their health and safety report what can i do?

Ian Morris

If you believe that an organisation or business has made a false report of an accident or incident at work, you should do two things. You should write to the employer/company to advise of the inaccuracies in their report, provide correct information and request that they amend their report. You should also contact your local Health and Safety Executive office and report the misleading/false report to them.

Reply

Hi had an injury at work last week and hurt my leg still suffering a week later , I’ve been to the doctors and hospital and luckily it’s not broken just sprained badly. My supervisor has informed me he has filled in the accident form of what happened and signed it . I have never come across this before as I always it came down to the individual it happened to for them to write down what had happened . But he refuses to let me see a copy of what’s put he said it’s in the accident book and I don’t need to know. I just wanted to know where I stand , thankyou

Ian Morris

The employer doesn’t have to allow you to view the accident record that has been made. We would recommend that you make a formal written note to the employer advising that you have not seen the accident book report, you did not complete it and you have no way of knowing whether or not the report is accurate, honest and correct.

Reply

I am an agency TA within an independent behavioural school. I am not trained in their intervention s techniques. I had no alternative than to help restrain a refractory pupil. I broke my wrist scaphoid in the process. I am now absent from work due to the injury.
I wish to complete an accident / injury form. The employer will not post or email the relevant form to my home address. Stating they cannot do this. They have also informed me that they can use the witness and incident form raised by another member of staff as the basis for the recording of the accident / injury therefore there is no requirement for me to complete an accident / injury form is this correct ?… I still wish to complete the relevant form regardless .

Ian Morris

If their policy is to not send the forms outside of the school, then that is their policy. However, we would be very wary of allowing them to make a record of the incident without allowing you to contribute to the record and allowing you to read the report before it is signed off as an accurate report.

Reply

I trapped my hand in a machine at work it was trapped between a pallet and a guard rail. I followed company procedures to free the blockage in the machine. I reported the incident and attended hospital for my injury.
My work place will not show me the accident report and are saying it has not been completed, the accident was over a month ago. I was off work for 10 days the question I need answering is.
1 – should this accident have been reported to RIDDOR and the HSE?
2 – what time frame does my employer have to fill in the accident report and do I have a right to see it?
Thanks in advance.

Ian Morris

It would appear that the injury you sustained should have been reported to RIDDOR as you were off work for 10 days.

As for the accident report, there is no legal requirement for your employer to show you a copy of their report. The best advise is to write a statement of your own regarding the incident in which you were injured, listing when, where and how the incident happened. What training you had received and whether any issues relevant to the incident had been discussed before or since it happened and send that to your employer and ask them to add it to their report of the incident.

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For a good couple months I’ve been telling my employer (my manager and deputy manager) about the floor I’ve been standing on and the problems it is causing me. The floor is sloped and standing on it all day has been giving my back trouble.

2 weeks ago I pulled my vertebrae to the right in my back as I was near end of the shift. I swapped places with colleague to make it easier for the rest of the day. I attended work again the following day and had intense pain so had to go home. I then had the next week off and a few days the week after too (a total of 7 days in all). I’ve now gone back to work and they wont let me put it in the accident book. The health and safety manager has said to me that by law I cannot put it in the accident book as I didn’t report the ‘injury’ to a first aider. Is this true?

I’ve been to a chiropractor and they have said the uneven surface i’m stood on is likely the reason my back went and me working in the one place day in day out wont help either. Please get back to me, I feel kind of lost on what to do!

I just want to be covered as I have little money and if I need more time off, I cant pay my rent. Thanks.

Ian Morris

The scenario you describe is a tricky one in terms of being certain (or uncertain!) as to whether or not you have grounds to make a claim against your employer. You mention that you pulled your back whilst working. Clearly, standing on a sloping floor is far from ideal, but what is the nature of your work? Have your employers provided manual handling training?

It would be wise to ensure that you make a written ‘complaint’ to your employer about the working environment and the sloping floor. You should cite your injury and the thoughts of the chiropractor you have seen. We would also recommend that you attend your GP to discuss the injury and have your symptoms noted on your medical records.

If your employer fails to take any action after receiving your written report of the issues with the floor and you go on to develop further symptoms, there will be a paper trail of evidence to support a possible claim for personal injury compensation and you could contact us at that point to start a claim for compensation.

As for the ‘law’ that the Health and Safety manager is attempting to cite in refusing you the right to record the injury at work in their accident book, we have absolutely no idea what they are talking about (and neither do they!).

Reply

Hi, I was exposed to asbestos at work!. I cut through a ceiling only to find and expose myself to old artex. It turns out the original incorrect testing procedure was done, as the test never went all the way through the ceiling. It was then tested properly and turns out the hidden artex has asbestos in it. It could of been avoided with the correct test in the first place.

It happened a month ago. My employer did not report it to RIDDOR. I’ve only just found this out and also that they have not reported it in the accident book.

How will this affect my position of claiming from them for an asbestos related disease should the worst happen many years down the line?

Thanks

Ian Morris

You may wish to contact RIDDOR yourself to discuss this, we also have an article on asbestos claims for more info. It is important to ensure that written reports are made at work outlining what has happened and you should discuss the same with your GP.

Reply

I had a quad bike accident at work about 5 weeks ago. I hurt my back and banged my leg and arm. I reported this, but my Boss said there was no accident book as they don’t need one, so I could not fill it in.

I went to the Doctors after 3 days as my back hurt more and my legs were tingling. I was sent to Hospital and saw a registrar who took x-rays and said it looked like I had some compressed discs and a ‘wedge’ fracture. I told my Boss to send cover and help, but was told “try to find some casual labour”! No help came and I have tried to carry on work in a lot of pain. I have asked again for cover and explained I cannot work properly but have been told he can’t find cover.

I am a gamekeeper and currently doing 50+ miles on the quad a day which is very painful and as there is no one to help I cannot take time off as the animals need to be fed. I am working 12 hours 7 days a week and not had a day off since June and am sure they can’t treat me like this?

Ian Morris

The employer should record all and any accidents at work and for them to not have a system in place to report incidents is bad practice. Given the severe injuries you have sustained, you really should not be working in the way that you are and in doing so, you are risking your long term health. Of course, you should be following medical advice and if your Doctor is advising rest, you need to rest and the responsibility for the work you do falls with the employer and not you. You may well benefit from seeking some specialist employment law advice regarding your working pattern and the way you are managed by your employer as it does not seem correct that you work 12 hour days, 7 days a week without any time off.

With regards to your injuries and any possible claim for compensation, you may have grounds to make a claim for compensation. However, we need to know more about the quad bike accident to advise further on that. We would like to know what training (if any) your employer has given you to ride the quad and how the accident happened and what caused you to be thrown from the quad.

Reply

I fell over a roll of carbon fibre fabric at work, and when I ask to report this, I was told that there wasn’t an accident book.

Ian Morris

Your employer should have an accident book and they should be ensuring that accidents at work are recorded correctly. Given the lack of the accident book, you can do two things.

Firstly, you should write your own report of the accident at work and your injuries. You should list what happened and when, who saw it (if anyone) and what injuries you have sustained. You should then send a copy to your Manager and retain a copy for your own records.

Secondly, you could report the employer and their lack of an accident book to the Health and Safety Executive and ask for their observations on this issue.

With specific regard to your accident at work, it would seem that you may have valid grounds to pursue a claim for personal injury compensation. Before we could advise further, we would need to know more about your accident and find out where the roll of carbon fibre fabric was and how you came to trip over it.

Reply
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