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’ve signed the accident book after having an accident not payed attention to what was worded and signed the form. I’ve taken a picture after for my benefit and realised then that it was worded wrongly. Am I entitled to see the form and ask for it to be re-worded to accurately report what actually happened?

Ian Morris

The employer should be made aware at the earliest opportunity of any inaccuracies within an accident report in order that accurate and factually correct records are retained.

Clearly, in the immediate aftermath of an accident involving personal injury, the injured person is unlikely to be thinking clearly and able to think through various matters. As such, it is understandable that you may have signed something that didn’t properly record what had happened. Make sure your employers are made aware of this matter. If they are unwilling to amend the initial record of the accident within their accident book, write to them detailing what you see as being inaccurate and in need of amendment.

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I had a accident at work, i am making a claim at the time but my solicitor as been in touch saying that they haven’t stated in the Accident book that the floor was wet at the time of my accident. I was shaken up right after the Accident when I had to sign and was told by my employer at the time that he would fill the rest in as I had really hurt my arm and shoulder, now my solicitor is say it could be a fraud claim if possible could you tell me what I can do?

Ian Morris

Do you have any colleagues that witnessed your fall? Would anyone be able to confirm that the floor was wet and therefore slippery? I cannot see how you can be accused of making a fraudulent claim as there is clearly an accident book entry stating that you had a fall and were injured whilst at work.

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I had an accident at work a few years ago. I am in constant pain, now off work. I have asked repeatedly for the dates from report book but the boss is ignoring my request. What can I do as I don’t know the dates?

Ian Morris

If you sought medical attention from a GP or attended a Hospital as a result of your accident, you could speak to your GP to ask them what the date of your attendance and treatment was. If you can then demonstrate that the accident happened within the past 3 years, you could seek to make a claim for compensation.

Have you made a formal written request for the accident report and copied the same to the HR department and board of Directors?

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Hi i had an accident at work were a steel bar hit me in the ribs due to my boss not getting something repaired. It was reported at least 3 times. I had to go to hospital ended up with a possible hair line crack on my ribs muscle-skeletal damage as well. This was all put in the accident book but has since been ripped out what should i do?

Ian Morris

Your employers should not disrupt the recording of accidents or destroy any accident book records. The scenario you describe regarding your injury at work would indicate employer negligence and on face value, my initial view is that you have a strong claim against the employer given their obvious breach of health and safety in terms of not acting upon repeated reporting of a possible hazard.

Although the employer appears to have removed the report of your accident from their accident book, it should not stop you from pursuing a claim for compensation. Indeed, we would be very happy to assist with a claim in this matter. To this end, please either call us on 01225430285 or use the ‘start a claim’ page of our website to take this further.

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Hi I worked for a large company for just under 4 years, in that time I suffered a number of injuries including a broken nose, a badly injured shoulder for which I attended A&E. There are a number of other injuries, these were caused in part from lack of training and faulty equipment, I have left the company and requested details of all the injuries but so far they have not provided them, I believe in order to delay a possible claim, can you advise me on my best course of action?

Ian Morris

You could speak with your GP regarding any attendances at A&E or with the GP (all Hospital attendances are recorded with the GP on your medical records) and ask for the dates of any relevant attendances and injuries treated. This would give you the dates and you could then seek to pursue a claim for compensation for any injuries sustained within the past 3 years that can be attributed to employer negligence.

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i had an accident at work, reported it and had to fill out a statement, the company then looked at cctv and have told me there are inconsistency with my statement and cctv evidence. I believe at the time that my statement was an honest account of what happened but it all happened so quickly. Can i be disciplined for giving an incorrect statement?

Ian Morris

We are not employment law experts and would therefore suggest that you should seek advice from a suitable specialist. However, if someone were to provide misleading and false reports regarding an accident at work it is likely to be seen as a disciplinary matter. However, if any inaccuracies in your report are simply due to shock or slightly incorrect recollection of events, I do not foresee you having any particular concerns.

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Can a member of the public or safety professional ask to see an organisation’s accident book? I feel it should be a statutory requirement to be transparent in this regard but feel such a request could be denied.

Ian Morris

An employer or organisation would not have to release an accident book simply to the request of a member of the public. With regards to Data Protection requirements, such records are not suitable for public release.

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I’ve been working a new job as a delivery driver for Sainsburys now for 11 weeks.
After passing all the training and finally being able to do the job I applied for, within a few days I ended up seriously hurting my foot when getting out of the van. I struggled on with my duties and finished the day by limping everywhere. No mamager was present when I returned to store so I dropped my manager a text message explaining the injury. Consequently this lead to him putting me on sick leave despite my willingness to carry on working. This was unpaid and I returned to work when the pain was far more tolerable 1 week later. I asked if the injury had been documented in the injury book but I was told “did you put it in there”?. No, I don’t even know where it is I replied. Please can you put it in the book. A week or so later I asked again, to which his reply was “it’s too much hassle, we will have to do a full report & investigation etc.” Fine, I’m happy to do that I replied. Nothing more was said and nothing more has been done.
I am now being put through a constructive dismissal.

Is there anything I can do to claim back time I lost out on etc? Or is this more a matter of the big guys stomp over the little person, because I’m still essentially on probation and have less rights.

Many thanks.

Ian Morris

You may have rights to make a claim for personal injury compensation against the employer – if you can identify an area of negligence that caused you to injure your foot whilst getting out of the works vehicle.

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Hi Ian, my employer refuses to acknowledge my accident at work or report it in the accident book even with Xrays and doctors notes backing up my claim. They refused to investigate the slip at the time or come to see where the accident happened. What are my rights?

Ian Morris

Do you have any witnesses to your accident at work? Or witnesses to you attempting to report the matter? If you have any electronic record (text message, email etc) of your reporting the incident to the employer, that would help you as it would provide important evidence to support any claim for accident at work compensation.

You could also contact the HSE to discuss the employers attitude towards your accident at work and see if they will investigate the matter.

With regards to your situation now, have you started a claim for accident at work compensation? Do you have a specialist Solicitor pursuing your claim for you? If you would like any help with this matter, please do not hesitate to make an online enquiry with us.

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My employer have said they don’t have to give me any information regarding my injury at work so I’m unable to know there findings.

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Hello. I recently had an accident/near miss at work about 1 week and a half ago. I have reported it to my contracts manager and made a statement with our employer. This was a coshh related incident involving a cleaning agent that got in to my eyes. I have still not received a signed copy of my statement as promised, my employer has objected to this accident claiming I just had water in my eyes. He has also not written his own statement of events. Our whole team walked off site in protest for the day as it has not been taken seriously. They have still not provided me with the accident book to fill out.
I think I need some advice on how to handle the situation.

Ian Morris

You have done the right thing so far in reporting the accident and providing a statement of facts with regards to what happened and how. Your employer does not have to provide a copy of the statement, but if they have promised the same then they should do so. Perhaps you could request one in writing?

With regards to your concerns about the employers attitude towards you and the incident, you could perhaps contact the Health & Safety Executive (HSE) to seek some specialist advice from them on that particular issue.

Any employer requiring employees to work with or handle chemicals face strict obligations under the COSHH (control of substances hazardous to health) regulations. COSHH regulations require employers to ensure that all chemicals are handled strictly, stored safely and that those working with them are provided with the correct personal protective equipment and training.

In your case, a cleaning agent getting in to the eyes can cause serious damage and would certainly cause distress and discomfort, so eye injury claims can lead to substantial settlement amounts. On face value, you may well have a valid claim to pursue against the employer for compensation and I would welcome the chance to discuss your rights and options with you directly. Perhaps you would like to email me directly (ian@direct2compensation.co.uk) with your contact details so that I can call you to discuss the incident in more detail and offer you some assistance going forward?

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Hi i had an accident at work. It was a head injury as i was walking into work the guy in the gatehouse wasnt paying attention and dropped the crash barrier on my head. I was off for 3 weeks and asked if i can get a look at my accident report form but personel said i didnt need to as i already signed this so i must have seen it. Up until today i still have not seen this form or signed this. I have got a lawyer but he has said that because they have admitted liabilty i cannot do nothing about this. I am not happy with this at all because to me this is fraud and no one is entitled to sign this without my permission. Can you please give me advice on this?

Ian Morris

It would be wise to find out who signed the form and when the report was made. Perhaps someone filled in a report when you were injured and given the nature of the head injury, perhaps you cannot – for totally understandable reasons – remember it being done.

If the defendant has admitted liability though, you need not worry too much as you will succeed with your claim.

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Hi,
I injured my shoulder at work by lifting a heavy bag. It wasn’t part of my duties however they asked me to help and I was happy to do it. I started feeling pain the next day and I’ve been off sick since then (2 weeks already). We were supposed to use a trolley for carrying those heavy bags however that trolley was broken.

I don’t think the incident has been recorded on the accident book.

Since my employer have not shown any sympathy or interest on my health – only wanting the sick notes from doctors, I’m thinking of claiming for compensation. I have spent money in medicines, private physio (still waiting for appointment with nhs physio) and more natural treatments.

Can you please advise? Thank you

Ian Morris

The scenario you describe regarding the shoulder injury you sustained at work gives me an initial view that you have a valid claim for compensation. The employer is likely to be seen as negligent in this incident as the trolley that should be used for moving the heavy items was broken. As such, they should have either had it repaired, arranged for a replacement or postponed the moving of the heavy bags. By asking you to move the heavy items without providing you with the correct equipment to minimise the risk of injury, your employer is likely to have to admit liability should you make a claim.

We would like to hear from you so that we can help you make your claim for accident at work compensation.

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I had an accident at work and suffered minor injuries (soft tissue) to my arm and wrist. I wasn’t able to work for 3 weeks as I had a splint on my hand, which I could remove only for hygienic purpose. I’ve been issued with a sick note from my GP, which was advised by the Hospital unit, where I’ve been treated at A&E.

On the day of accident (after I’d had the accident), I wrote what happened – in front of my team leader – a report of the accident on the form provided by my employer, however there wasn’t any column that I should sign.

I’m still on probation, with this job and was so worried about money, however I received a phone call to say that the company will pay me as a normal, so there is no loss of income. I’ve been asked via the phone by my line manager if I will make an injury compensation claim, which I found offensive. I answered that I wasn’t thinking yet about such a decision and that I just wanted to come back to work and see the accident report. Do I have a right to do so?

I’m concerned that the accident report isn’t correct as I did see that team leader (on the day of accident) was re-writing the report in the office but I didn’t see what he wrote as I had started to feel unwell and was just on the side with an ice pack resting and waiting for my shift to be over. The accident was not at my fault at all. Please advise what I should do. Thank you

Ian Morris

You do have a right under UK law to pursue a claim for compensation against the employers insurance if you believe that the cause of your accident was not your fault. You have described a scenario in which it would appear that you were not responsible and having made a report and then seeking medical attention, you should certainly take this further.

Making a claim against your employer will not affect your right to continue with your job and your Line Manager has no right to ask you whether or not you are considering making a claim against them.

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I’ve asked my employer for an accident book. They’re answer to this request was “No. I don’t employ enough people”.

I’ve pulled my back at work and am in pain. There are two issues. Firstly, I have no way of one recording the accident/injury and secondly, I have had no manual handling training. Can you advise?

Ian Morris

Regardless of the size of your employer, they should have a suitable incident/injury and accident reporting system. It could be as simple as a spreadsheet, a notebook or a formal incident reporting system.

Given your employers failure to have such a reporting system, you should put a report to them in writing – either by email or recorded delivery outlining what happened, how you were injured and when. You should also make them aware that you have received no manual handling training from them.

As your employer has failed to provide you with manual handling training, you should seriously consider making a claim for compensation against them as it is likely that you can attribute your injuries to the back to employer negligence and would likely succeed.

Should you wish to take this further, please call us on 01225430285.

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I had an accident at work, I asked for a copy of the report only to be told to write to head office. Is this right?

Ian Morris

That could well be the policy of your employer regarding accident books. If it is a large company with numerous sites, it is likely that the accident book entries are collated and logged at one central location – such as Head Office. To that end, it is acceptable for the employer to ask you to write to the relevant person within the Head Office to request a copy of the report.

You mention that you have had an accident at work. With this in mind, you may well be entitled to make a claim for accident at work compensation against your employers liability insurance. If you can identify any negligence on the part of the employer, an external supplier or a colleague that lead to your injuries, you could well succeed with a claim. Why not contact us so that we can discuss the details of your accident with you and advise you as to whether or not you have a valid claim for accident at work compensation?

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Good morning. I recently had and accident at work where I cut my head. I have asked my employer for a copy of my accident report and have been told that this report is the property of the company and although I can read it (I have already signed it) I cannot have a copy to take away with me. Is this correct?

Ian Morris

Your employer is within their rights to deny you taking a copy of the accident book entry. However, they would not be able to refuse sight of a copy of the report to a Solicitor should an injured person go on to pursue a claim for compensation and their instructed Solicitor formally requests a copy.

It is good that you have seen and made a report in to the accident book.

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My employer (an agency) refuses to record the details of my accident in the accident book. They deny that I called on Monday to report the accident which was at the earliest convenience as I was in bed injured and couldn’t go within 15 days to the library to scan the Doctors note….

Can I get compensated? I have a refusal by email to register the accident in the accident book. My witness is my supervisor and all mates. No risk assessment, no safety, no pick up tool and the resulting RSI comes after the muscles cool down and I woke up next day in bed. I am ridiculed for my 4 month injury… I can’t record the accident. Because it’s “late”.

The agency doesn’t have offices in Leeds. I already have refusal from them after I gave them the fit notes by email, because it’s “late”. When I called they didn’t bother. Under the circumstances it was late anyway. While I was recovering in bed and didn’t need stress on my injury. I needed time to heal. The Health and safety executive was disappointing and the warehouse said they will call police if I call again. I thought it was just a little bit of normal stress on my back. When I left work it seemed alright. It was last day of work.

Ian Morris

Given the lack of Health and Safety protocol within your workplace and the lack of risk assessment and correct procedure, you may well have a valid claim against the place where the agency placed you to work for the injuries you have sustained. Clearly, it would have been good if you had been able to record the injury immediately but you have explained clearly as to why that was not possible in this case.

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I have been suffering from an RSI and was absent from work for 8 months as a result. 2 Occupational Health reports supported the diagnosis. My employer is threatening me with a warning when I suffered a work related injury and am injured for life. I have also found out that this matter was never reported under RIDDOR as requested by the Occupational Health. Have they broken the law?

Ian Morris

Whether or not your employer has broken the law is somewhat irrelevant here – although if RIDDOR and the HSE are made aware of a failure to report a reportable incident, the employer could find themselves in hot water.

Given the condition affecting you, have you considered making a claim for RSI compensation? You could well succeed in this matter if it can be shown that your current and former employers have failed to adequately minimise the risk of you suffering with such a condition – such as adequate training, personal protective equipment, job rotations and regular breaks.

At Direct2Compensation, we have a genuine expertise in all matters relating to workplace injuries and RSI’s so it would be a good idea for you to contact us and we’ll be able to advise you as to whether you have a valid claim against your employer. If so, we would be very happy to assist you on a full No Win No Fee basis.

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I had an accident at work but the manager was out and the rest of the staff told me they were not aware of there being an accident book. Is it a legal requirement to have one? I work at a pub with at least ten full and part-time staff.

Ian Morris

The employer should have a system in place to enable the reporting of accidents. There doesn’t have to be an accident book as such, but a system of recording and reporting accidents should exist – whether that be in a book, by telephoning a certain person or by sending an email to the employer.

If your employer hasn’t enabled you to report your accident, our advice would be for you to write to or email the employer explaining what happened to you, when and where and what injuries you sustained.

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