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

By Ian Morris | Updated November 29th, 2022

223 questions have been answered on this subject - ask us your question

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.

223 questions have been answered on this subject - ask us your question

Comments & Questions

Read on for questions and advice about claiming...

a year ago i was lifting a heavy piece of machinery off a van, i injured my back and was left unable to move/speak and had difficulty breathing. After half an hour i was able under great difficulty able to drive my van back to the yard where i verbally told my manager about the accident. I was met with a lot of abuse , and made to feel like i was a hindrance. I went home immediately and managed to get myself to the doctors for pain relief but spent majority of next couple weeks in bed unable to operate properly. The accident book was never filled in by my manager and when i came back to work i was told it was too late. a year down the line i’m still having alot of problems, and feel im going to have to give my career up. I’ve been refereed to a specialist since then and i’ve requested that it goes into the accident book as i have a witness willing to back me up. My company are making it very hard for me at the minute and not being as helpful as i thought they would….can you please tell me where i stand?

Your employer has not acted correctly in refusing to make a record of your injury at work and by their subsequent further refusals to note the details of your injury.

As you have a witness willing to corroborate any statement you may make with regards to the nature of your injury and the incident. If you have not already done so, we would certainly recommend that you make your own written report, noting the date, time and the location of the incident as well as a description of what you were doing and the injury you sustained. You should then send the same to your employer both electronically and by recorded delivery, retaining proof of postage.

In your case, if your injury was caused through a lack of adequate manual handling training, or by your employers failure to provide you with the right equipment or support to enable you to work safely, you could pursue a claim for personal injury compensation against the employers insurance on the grounds of employer negligence.

Should me and my employer both sign the accident report in book?

There is no hard and fast rule to the way an accident book entry is recorded. Best practice would be for the record to be made in conjunction with the injured party to ensure that they are happy that the written accident book entry correctly represents the incident in which they were injured. It would also be sensible for the injured employee to sign the report to confirm that they are happy with the accident report.

Hi there I recently got my fingers broken and received 14 stitches by a careless machine operator. Can I ask my boss for a copy of my accident from the accident book?

You can ask your employer for a copy of the accident book, but they are not obliged to provide you with the same. The most sensible course of action would be to make a request in writing.

You mention what would appear to be a serious injury to your hand at work, caused by an act of negligence. As such, we would like to speak with you further and help you make a claim for compensation. Injuries to the fingers are known to have serious implications to the injured person and for such injuries to greatly impair ones independence and ability to live a ‘normal’ life during recovery. As such, successful claims can see settlement values of a substantial nature.

A pallet truck at work got stuck under a loaded pallet due to some loose strapping underneath getting twisted around its wheels. I reached under to untangled the strapping and told a colleague to let the pallet down slowly so I could make sure it didn’t fall back into place around the wheels. The colleague dropped the pallet immediately to the ground and onto my hand. My employer is being dismissive of the accident & won’t record it in the accident book. I’ve been to hospital and had 2 x-rays this past week & they believe I have a crack along a bone in my hand. Is the accident my own fault for trying to untangle the strapping in the first place?

You have been injured in an accident at work and quite why your employer will not let you record the details in their accident book is beyond us! On this particular issue, you should make a written report of the incident and send a copy to your employer – by email or in writing – and retain a copy of the same for your own records.

Given the nature of the incident, we feel that you have a valid claim for compensation and would be well within your rights to pursue such action.

I cut my hand cutting a cable tie at work. I was using scissors as the tie was so tightly closed a safety knife would not fit into it.
My employer has, after over 3 weeks, completed an investigation, however they at no point have asked my version of what happened and an accident was not filled in with my input.
Have they broken any rules?

The employer hasn’t necessarily broken any rules, but to complete an investigation without taking evidence from the person at the heart of the incident (you) does seem foolish! I would recommend that you make your own written report of the incident outlining what you were doing and why you used the scissors and how you were injured. You could make mention of having never been told not to use scissors etc if relevant.

You could be entitled to compensation if we can show that the employer was negligent. In this case, if the cable ties need to be removed, but no tool is provided to enable their safe removal, you could succeed.

I had an accident outside a hotel, they filled in an accident form which signed. Am I entitled to see a copy of it?

You do not have a right to see the accident book. Whilst the Hotel is not obliged to show you a copy, there really is no reason for them not to do so.

In your case, you could possibly make a claim against the hotel for any injuries you sustained in the accident. Before we could advise you as to whether or not you can make a claim, we need to understand what happened and how you were injured. Please feel free to respond to my response to you and we can then advise you further.

I started work with the company 3 months ago, about 10 days ago the weather was very hot and we were asked to open the windows of the hotel bedrooms for guests. As I pulled the heavy window up which is on a pulley type system this failed and the full weight came down on my left hand, pulling my arm and neck, I now have constant pain and numbness in my shoulder and neck. My neck movement is at 40% and the doctor has put me off work and on medication. I asked the top supervisor for the accident book to be told we don’t have one, what should I do? Thank you.

You should make a written report of the incident that caused your injury – describing what happened and how you are injured (along with noting the lack of an accident book) to your employer and send it to your HR team and your line manager.

We would be happy to assist you in taking such a claim further.

We continually walk on rubble and rough surfaces to do our security patrols 4 times a day and it’s starting to affect some of us, ie knees, ankles, hips & lower back. For 6 months I’ve also been getting knee pains directly because of this. I’ve asked if I can put my details in the accident book, but our boss has hinted that because it’s a ‘repetitive strain’ it cannot be put in the accident book, and that there’s no proof that our issues are related to the terrain that we walk on daily. Can we put ‘repetitive strain’ in the accident book?

It is hard to put repetitive strain in the accident book as it is not a specific ‘one off’ incident or accident. However, you could make a written report and observation to your employer and complain about the uneven rubble covered surfaces upon which you are expected to work. Your employer is right in that there is not any evidence to demonstrate a causal link between the uneven surfaces and your symptoms at this time. With that in mind, it would be sensible to speak with your GP and discuss this matter to see what their observations are.

I was hit twice on a dumper truck by a forklift reversing into me and hurt my back at work on a construction site in March. Reported it to site agent and he refused to put in accident book and wanting me off job as I was complaining about it. I am off work at moment with my back again. Where do I stand about claiming loss of earnings?

You can make a claim for compensation and if successful, you could recover any lost income caused in this incident.

Hi there, I had an accident at work yesterday. I am working in a skip yard and my colleague was throwing an object into a big pile of rubbish and it hit my head. The head is split open and it had to be glued yesterday at A&E. They have not filled accident book, I am asking this now. However, I am afraid that I might loose my job if I start make a claim. I am self employed and majority of people are related to each other at that company so obviously everyone is covering each other backs. Where do I stand here? They have CCTV, however I don’t think incident it self was captured it’s only when I was walking to the office bleeding. Is there something I can do or is it not worth it as I do need my job?

Thanks

Given the nature of your work, there is a reasonable argument to say that the employer has been negligent in the way that staff are working (throwing objects around) and lack of adequate personal protective equipment being provided.

You do have a right to make a claim if you’re self-employed and the employer cannot legally terminate your work or lower your rights as a result of making a claim. However, in the case of a small business with a close knit family unit involved, making a claim can be a difficult matter to negotiate.

Do I need to request a copy of an accident form from my employer in writing?

Your employer is not obliged to provide you with a copy of an accident report. Whether or not they will do so will depend on their own internal policy, but if you are going to request a copy of an accident book report, it is wise to do so in writing.

You do not need a copy of an accident book entry, but it is sensible to check what is recorded – so if the employer won’t let you have a copy to keep, do ask to see what information has been entered.

You have clearly had some sort of accident at work and you may have a right to make a claim for compensation as a result. If you would like to find out more about your rights in such a situation, or how to make a claim for compensation, please call us on 01225430285.

My employer tried to fill another accident form that wasn’t true reflection of actual event and injuries i received, and repeatedly insisted me to sign it, i refused to sign and this was taken quite seriously. The original form was filled by store immediately after the accident, and a copy was supplied to my employer where i based as a driver. I further was subjected to detriment by reduced sick pay, declining my rep in meetings. there is a-lot to add but i am dealing with the rest.
Am i within my legal rights to challenge the conduct of my employer regarding filling another accident form that i was completely unhappy with ?

If anything has been recorded falsely or deliberately inaccurately, then of course you have every right to challenge that and seek a correction. The issue you will face is having the evidence to support your assertion of an incorrect record of an accident.

Can I request a copy of an accident report form which I was involved in, from a previous employer?

You certainly can request a copy of an accident book report. However, there is no obligation for them to provide you with a copy.

Hi,
My name is Martin. I have had work related injury last year in October. I did write an accident form, but when I asked for it two days ago they couldn’t find it. Then, I asked my unit manager about it and she said I haven’t done one, but I am sure I done it. I know exactly what day it was, I have told about it to GP, Orthopedist. I have a witness to whom I told that I done accident form and maybe other witness from that day when accident happened, but she left company while ago.

If the employer has misplaced or lost your initial accident report form, that is not your problem and you appear to have done your best in terms of locating it. To protect your interests, you should write to your employer regarding their loss of your accident report and file a new report in that letter advising what happened, when, where and how and what injuries you sustained.

We would like to find out more about your accident and the cause of your injury in order to advise you as to whether or not you can take this further in terms of a claim for compensation as a result of an accident at work. Our specialist staff know your rights and what obligations an employer has towards protecting your health and safety whilst at work and we can advise you as to whether or not the employer has been negligent. Please use the ‘start a claim’ page of our website to provide your contact details to us so that we can engage in a discussion with you and give you the support and advice you need.

Hello I’m concerned about my wife she had an accident at work, her employer told her she would fill in the accident book and get my wife to sign it, that was the my wife heard about the accident book, she hasn’t seen the accident book let alone sign anything as confirmation this happened 3 weeks ago, is this legal?

Clearly, there is a concern that the accident has either not been reported or not been reported correctly. There is no reason whatsoever to refuse an injured person the right to see what has been recorded within an accident book in order to confirm it is an accurate reflection of the incident. Given what you describe, the safest thing to do is write your own report of the accident outlining what happened, when it happened and where it happened. You should indicate any possible breaches of health and safety or negligence and send a copy to the employer (and retain a copy for yourself) advising that as you have not been able to confirm that a report has been made, you are making one to protect your interests.

Oh and I’m not sure if it was recorded in accident book. Most likely not. I’ve asked the company to carry out an investigation into it. They haven’t concluded as yet.

It is important to make sure that the details of your injury/health problem at work is recorded correctly. To this end, you should ensure that an accident book report is completed and if that is not possible, record the details of your injury in writing and send a copy to your HR department and Line Manager.

i had an accident with my company in warehouse one year ago i slipped on the floor in the chiller on spillage ( water) as a caused of that i had twisted knee. the deputy manager recorded my accident but he did not let me to read the report and as well he was late to call SSE to tell them about my accident so the only thing i did was i took picture for sims incident reference. after one year my G.P sent me to do MRI because i had pain in my knee everyday after finish my work and also when i used the stairs.
from all of that the MRI result was bad for me because i have meniscal cyst in my left knee and my G.P said to me i have to do the operation for my knee.
i talked to my manager about it he said to me they don’t have my accident report so they lost it.

Our specialist Solicitors would certainly be keen to speak with you about your accident at work and a possible claim for compensation.

If you would like to take this further, please use the ‘start a claim’ page of our website to make contact with us.

My partner has had 2 accidents at work within the last month, the first was a slip caused by oil leaking from a fryer which resulted in him banging his leg on a metal bar that left a huge bruise on his leg. The second was also a slip on oil spilt in the storage room which resulted in a bang to the head and a trip to hospital with potential concussion. Neither of these incidents were recorded in the accident book as the mangers present didn’t bring one to him and he was never shown it when he started there. Where does he stand going forwards as no one in charge has listened when he has reported concerns or incidents.

Your partner has two potential claims that we would be interested in pursuing should he wish to do so. Given the employers apparent lack of good health and safety management and their failure to properly report and record the details of the accident at work, it would be sensible to make a report to them of the two accidents in writing and hand it to the Manager of the business. Any report should state what happened and where and list the cause – in both cases spillages of oil on the floor of the workplace with no hazard signs.

If I have reported an accident to my employer I think they should give me a copy of the formal report/accident book, but they won’t. I was told they already reported my accident I don’t have to worry about that and they cannot give me a copy of the report or accident book. But if they don’t give me it, if something happens in the future I don’t have any proof. What should I do?

The employer is not obliged to provide you with a copy of the accident report. Whilst there is no reason why they should not do so, they do not have to.

If you are concerned as to the way the employer retains information within their accident book, you could make a formal request for a copy of the accident record in writing (by email) and retain their response, so that should the accident report become unavailable in the future, you can at least provide evidence that it did exist.

I’ve had a fractured ankle injury at work where a fork lift has reversed into the back of my heel. My employer has had me sign an accident report but only will provide me a one page copy of the statement but I had signed several pages and secondly they won’t provide me a copy of the RIDDOR report which has been submitted to HSE by my employer. They’ve only provided me a copy of the post accident report which was taken at my home following day after the accident. Could you please confirm if I’m entitled to the full reports from my employer.?

Rather oddly, there is no requirement for your employer to provide you with a full copy of the entire report. Whilst there is no reason for them not to, they are not obliged to do so.

Clearly you have suffered a nasty injury to your ankle and the accident at work scenario you describe would give me an initial opinion that you have a valid claim for compensation. Should you wish to proceed with a claim, we would be very happy to do so and during the claims process, our specialist Solicitors would request a full copy of the accident report as well as details of anything reported to RIDDOR. If you would like to make a claim with us, please use our website ‘start a claim’ page or call us on 01225430285.

Employers that avoid accident book reporting

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

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