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Unreported injuries – claiming compensation when there is no record in an accident book

By Ian Morris | Updated July 4th, 2023

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A very important element in making sure your claim for personal injury compensation has the best possible chance 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.

What an accident book should record

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.

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.

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.

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.

How to claim if there is no accident book report

You can still make a claim for personal injury compensation if the details of your accident have NOT been recorded within an accident book. It all depends on what else you can use to prove liability.

Often, with serious injuries leaving a person 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 an injury at work. In some cases, however, they may refuse to record an injury or let you do so. 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.

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.

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, call us on 01225 430285 or if you prefer and we’ll gladly help.

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

Comments & Questions

Read on for questions and advice about claiming...

I suffered from an injury which was caused by no manual handling training. I didn’t fill in an accident report as I was new to the job and wasn’t aware how or if I could do this. I did go to a minor injuries clinic and have been a further two times since the initial injury. This was almost three years ago, but the problem is ongoing. I am now awaiting a scan. The only reason that I am enquiring about comepensation now, is that I’ve had to change careers and I am still suffering recurrences and pain.

The fact that your previous employer failed to provide manual handling training to you was a breach of duty and clear employer negligence. As such, you would have valid grounds to pursue a claim.

However, you mention that the injury happened almost 3 years ago and this could be problematic in terms of finding a specialist Solicitor able to act for you on a No Win No Fee basis. Although claimants are afforded a period of 3 years from the date of an accident or injury within which they can pursue a claim, the reality is that if there is less than 6 months of that 3 years available, Solicitors will be reluctant to act on a no win no fee basis. Certainly, when there is less than 3 months remaining, it becomes very difficult to place a claim with a Solicitor. The reason for this is that a claimant will need to establish evidence to support a claim, including medical records (which can take some time to obtain), a medical experts report and other vital information.

Although a Solicitor (or a claimant) can seek for an extension to the 3 year limit at court, or list the claim with the courts ahead of the 3 year period and therefore keep the matter open, without having had adequate time to get the right evidence in place and to review that evidence, the risks that a Solicitor faces in a claim not being sufficiently strong or not having the right evidence available means that there is an understandable reluctance to take on such a matter.

Can my manager be held accountable for not recording an accident I had at work?

If you have reported an accident in the workplace to someone in a position of responsibility (i.e a Manager or Supervisor), they do have a duty of care to either advise you how to ensure that the details of incident are correctly recorded or to do so for you. Should they fail to do so, you should make a formal complaint to the company of the Manager’s failure (in writing).

Whether or not any action will be taken against the Manager in question will depend on the company and whether they take health and safety in the workplace seriously. If the injuries were serious and along with a period of absence from work meaning that the incident was RIDDOR reportable, the employers failure to correctly report the incident to the relevant authorities is something that will be investigated by those authorities.

I banged my elbow at work on the metal part of my llop and really hurt my elbow. I carried on working for a few more days even though it was still abit painful. I didn’t record it in the accident book as i didn’t think it was serious enough to report. Im now on the sick as the injury has caused me to get calcification of my forearm and ive been to AnE for xrays. I dont think illl be able to return to work for a while as my arms really painful and my job involves heavy lifting. Was just wondering if i could still get a personal injury claim?

Given the nature of the incident in question, it is totally understandable that you would not have noted it in the accident book. As there is no accident book record, you should make your own written report of the incident and injury and email the same to your employer to ensure that the details of your accident have been recorded and reported to the right people.

With regards to your potential claim, the accident book issue would not prevent a claim from proceeding, but we need to know how the incident happened and why your elbow hit the metal part of the llop to be able to advise as to whether or not you have a viable claim for personal injury. If the incident can be attributed to a lack of training, a working environment that was cramped or unsafe or some other issue of employer negligence you would have a strong basis upon which to pursue a claim.

At my workplace (a supermarket) on 8 July 2022, my knee got twisted while pulling a heavy pallet. I immediately felt pain and later by the end of the shift, I could not walk home well. My colleague took me home as the pain was so severe. When I got home I saw that my left knee was really swollen. I took pictures of my swollen knee and showed them to my managers. But none of the managers wrote the incident details in an accident report. My GP said that the injury could be a ligament tear and I am now undergoing physiotherapy.

I have asked my Managers 2 times to write the details of the incident in the accident book but again they have ignored my requests. Also, as my leg is injured my store manager made it sound to me like my service was not needed. Please advise.

Your employer should certainly be recording the details of any injury at work in their accident book. Recording the details of an accident properly does not mean that an employer has been negligent as an accident book entry has many purposes. Of course, in terms of a claim for personal injury compensation, an accident book record is helpful evidence, but employers should also review accidents and injuries in the workplace to see if they can do anything to prevent a repeat of the same injuries for other staff.

In your case, we strongly recommend that you make a written record of both incidents (the knee injury and thumb laceration) to the employer, outlining what happened and how you were injured. You can send this to the head office by email and inform them that your branch management team refuse to allow you to record the details.

In terms of personal injury, you may well have two valid claims for personal injury compensation on the basis of employer negligence. With the knee injury, we can look at whether you were given the appropriate training and that the pallet wasn’t overloaded or dangerous. With the 2nd injury to your thumb, the employer should have removed the foot stool from use as it was faulty.

Hi I had a work injury February last year by lifting heavy water troughs, the weight of the troughs were heavier than what I’m meant to lift but the 3 solicitors I had to look into it said no prospect in a no win no fee basis. They couldn’t find the accident book and I complained many times but they didn’t record it what are my chances?

Have you signed a Conditional Fee Agreement to formally instruct a Solicitor to act for you? If you have and the claim has failed, there is unlikely to be anything further that can be done. If you have not formally instructed a Solicitor, we would be happy to look in to this matter for you.

Hi, I work for an agency as a temporary worker in various school settings, Around 6 months ago I had an accident where a child ran through my legs and tripped me up and I fell hard on to concrete floor, a senior member of staff witnessed this and walked past me. My knees were swollen and came up bruised and I asked to put info in to accident book but they wouldn’t do this and it never got done despite asking them for months. I was off work a day or so with pain. I did reports immediately to my agency though..since then I just can’t kneel at all due to pain in both knee shin area that feels so bruised. Is there anything I can do as I feel I was constantly ignored as I am not a member of staff. Other staff had their input in book and I constantly asked. I don’t work there anymore. Thanks.

Unfortunately, given the way that you were injured, it would not seem likely that you could succeed with a claim for personal injury compensation in this matter as it is not clear that the employer was in any way negligent or could have reasonably been expected to prevent the accident.

I took my car yesterday for its mot, as I walked into the garage I fell it a hole with ab big roller in it. I fell to the floor it shook me up for a minute and the guy asked if I was ok which I was but my back has been feeling sore for most of the day and still is. I went back to pick my car up and asked if he could record my trip from yesterday to which he replied he couldn’t find his accident book and took my name and address and he will fill it in later. Is this the right procedure or attitude to take because I feel like he wasn’t bothered

Making sure that the details of your fall are recorded properly is important. With this in mind, you should certainly chase them up to ensure that it has been reported and it would be wise to write to the garage in question to make your own report to ensure that you are happy that it appropriately reflects the incident that happened. The fact that you didn’t feel too bad immediately is not uncommon. Typically, with falling injuries, if no bones are broken and the injuries are of a ‘soft tissue’ nature, the symptoms will present in the hours after the accident rather than immediately. As such, the fact that you didn’t make a fuss at the time or have the matter recorded immediately will not count against you.

The accident scenario you describe was completely avoidable and there should have either been a barrier around the hole in question or at the very least a visible warning of the hazards presence. As these safety measures were not in place, you have a valid right to make a claim for personal injury compensation. Our Solicitors can act for you in your claim on a No Win No Fee basis and would ensure that you are appropriately compensated for the injuries sustained and the impact that they may have on your day-to-day life as well as recovering any associated costs or lost income.

I received multiple electric shocks at work over a period of a month as my bosses refused to fix the faulty machine. I was threatened with the sack for asking for it to be reported and they refused to put it in incident book as my manager said that would lead to them admitting liability. I’m aware that they have broken employment rules 100 and 44. Should I claim compensation or is it not worth it?

Repeated electric shocks are not only painful and distressing each time they happen, but there can be longer term more serious consequences, including nerve damage and muscle spasms.

You certainly have a valid right to make a claim for electric shock injury compensation and your employer is in breach of both health and safety responsibilities and employment law with regards to the way that they have handled your initial concerns and attempts to report injury at work. As to whether or not you pursue a claim, it is of course a choice only you can make. We can however confirm that you have a valid claim and have a legal right to pursue such action. Your employer cannot legally dismiss you, terminate your employment or reduce your working rights for making a legitimate claim.

Hi. I had an accident in a bar last week and I jumped up but there was a really heavy wooden foldable chair which was just left propped up against the wall. I nudged it and it fell and landed on my foot and broke three bones. They never recorded it in the accident book, however i have a poor quality photo of the chair as it was too dark inside and they did give me a pillow to rest my foot and a bag of ice from behind the bar. Would I be able to pursue this?

There is clearly an argument to say that the heavy chair was a foreseeable hazard as it was left unsecured in a public area. As such, we would be more than happy to further investigate your claim, with a view to obtaining compensation for you via our specialist Solicitors.

I injured my foot today, on my trial shift. A broken table collapsed with piles of plates and I now have smashed bones. I have been to the A&E thankfully not my foot is not completely broken, but I have to rest for 10-15 days at least.

The accident wasn’t reported in an Accident book and they immediately got rid of that table. Is there anything I can claim from them?

Whether you’re on a trial shift, in the first day or your job or you’ve been there for 20 years, you have been injured through no fault of your own and have every right to make a No Win No Fee claim for personal injury compensation. We can help you to do this.

As the accident was recent and during your trial shift, you would not know how to report the incident and they should therefore have immediately recorded the details of your injuries within their accident book. We would recommend that you write to the employer to report your injuries and explain that they happened due to the overloaded and broken table falling on to your foot.

Can a customer involved in an accident demand to see and/or write in the accident book? Should we take a statement from the customer regarding the accident to be added to the log entry for the incident, should they wish to do so?

You don’t have to allow a customer to see or write in the accident book, but it is sensible to allow them to view what has been written.

I had accident at work in first week of March when a resident hit me in the nursing home. As a result, my nose was broken and also my vision has been affected – colours have gone and the world is black and white for me. At work they didn’t put the details on an accident form as on that day there was shortage of staff and also all staff didn’t get proper training until now.

Until now my sense of smell is not working and I also feel dizziness. My GP sent me to A&E but they didn’t send report of my eyes yet because they have done an MRI scan – but they sent the report about my broken nose. Can I make a claim to get any compensation or not without any accident record in the accident book at work? Also my Doctor gave me a sick note for 4weeks. Can I go my other job or not?

The lack of an accident book entry should not stop you from pursuing a claim. Given the lack of proper record, we would recommend that you make your own report in writing and send a copy to the employer via email.

As your employer has not provided you with the appropriate training, you have a right to make a claim for compensation.

Hi Ian,
Thank you for your quick reply, much appreciated. My boss at work is aware of the accident as I told him about it as soon as it happened, does that make any difference at all regarding whether or not I can still record it in the accident book 13 days later?

As your boss was made aware of the incident at the time, they should already have made a record of the accident in their accident reporting system/accident book. If they have not, they should allow you to do so as you had told them at the time.

Hi ,
I had an accident at work 2 weeks ago, but did not put it on the accident book. I didn’t think I’d done any damage at the time. Can I still record this in the accident book.at work even though it occurred 2 weeks ago?

Your employer would not be obliged to allow you to record the accident in their accident book now as quite a bit of time has passed since the accident date. However you should certainly ask to record the details. However, there are things you can do if your employer won’t let you use their accident book, such as emailing your own report to the employer for example.

You should not let the accident book issue prevent you from pursuing a claim for compensation though, our specialist Solicitors can still succeed with a claim for you if you were not at fault for the injury.

Hi there.

I few months ago I was injured on duty, The department that I was working in expected us to lift very heavy items that are supposed to be two man lift but due to them hounding us on targets we had to lift it ourselves, When I reported my injury to my line manager he completely ignored me.

A couple months down the line and I’m suffering from incredible back pain. ( I left the company in April)

This would appear to be a case of employer negligence, specifically with regards to safe lifting and manual handling training provision. As such, you have a right to make a back injury at work claim. This is something our Solicitors would be happy to pursue for you.

I had an injury at work on a pig farm. As a result, I’ve had ongoing treatment for the last 2 years and might still need an operation.

The accident was reported to my manager who at the time did not write out an accident report for me. I am in constant pain in my knee and on strong pain killers which only just help me get by. I don’t know what to do as I have been told by doctors and physio that by carrying on working there, I am not doing any good for the injury to heal and it was recommended that I stop doing this job.

Can I make a claim even though there is no record of the accident?

UK law affords you a maximum claim limitation period of 3 years from the date of the accident, so you should certainly be attempting to make a claim at this stage before your limitation period expires.

As you are still suffering ongoing pain and medical experts are advising that your work is not compatible with healing, you have every right to make a claim and the fact that your employer failed to make a written report of the injury despite you advising them of it is their fault and shouldn’t prevent you from seeking justice and compensation for your injuries and any loss of income or costs.

I had an accident at work and a pre existing knee injury had been aggravated, I managed to get it recorded in the accident book but due to me having an appointment with a knee consultant in a months time about the injury I sustained previously and I did not go to A&E, but I did inform my care worker who I speak to in regards about my mental health, will this still be valid?

The fact that the ‘new’ injury or worsening of the pre-existing condition has been recorded at work and reported to the care worker, there should be no problem in terms of making a claim for compensation for this recent accident. Make sure you ask your Consultant to record in their notes that you have had another accident which has exacerbated your knee problem as your medical notes may be relevant in any claim.

If you would like help in making a claim for the recent accident, please call us on 01225430285.

Hi I was shopping with daughter ( 8 months old) when a staff member was stacking boxes and 3 fell on top of her leaving her with marks on her face the staff member basically ran off not doing anything not getting any first aid or writing anything , I rang the store when home 1 hours later then we wrote it down , I have proof of what time I was in store on a receipt can anything be done ?

Much will depend on the severity of the injuries to your daughter and whether the marks on her face are more than superficial and last more than a few days. If you have sought medical attention and your daughters injuries are sufficiently serious, you could seek to make a claim for her.

I injured myself at work but I don’t think the duty manager has recorded it and no one from work has contacted me about it even though I am off work.

Should I email what happened to the companies health and safety email address so they have a record ASAP.

It is important to ensure that an accurate record of your injury and the incident that caused it are made with your employer. Therefore, you should email them regarding the incident and give a full, detailed explanation of what happened and what injuries you have sustained.

Please call us on 01225430285 so that we can discuss your accident at work, with a view to helping you pursue a claim for personal injury compensation.

I work as a slaughterman and when lifting some guts I felt a slight pull in my side, thought nothing of it at the time as it felt it wasn’t much at the time,, but as a couple days went by I noticed a small lump near my groin, after looking it up on the internet it said it could be a swollen glan and should go down after 2 weeks. It didn’t so I went to the doctors and found out it was a hernia, I had no understanding of hernias at the time, I didn’t fill in a accident form as felt it wasn’t an accident as such. I went to the doctors 2 weeks after I pulled it, could I make a claim for this?

If your employer has not provided you with the appropriate safe lifting/manual handling training, you could have a right to make a claim against them. Employers are obliged to ensure that employees are given the appropriate knowledge and guidance to allow them to work as safely as possible. In a case where an employee is injured because an employer hasn’t provided adequate training or manual handling guidance, the employee can make a claim.

What an accident book should record

How to claim if there is no accident book report

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