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Can I Claim Compensation if I Didn’t Record My Injury in the Accident Book?

By Ian Morris | Updated July 4th, 2024

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

Quick Answer: Yes, you can still make a claim for personal injury compensation even if your accident wasn’t recorded in an accident book. While an accident book entry is helpful evidence, there are other ways to prove your claim occurred.

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

Accident books are an important tool for recording workplace injuries and incidents in public places. However, many people worry that if they didn’t record their injury at the time, they’ve lost their right to claim compensation. Here we explain why you can still claim without an accident book record of your injuries, and provide strategies for strengthening your case.

Why Accident Book Entries Matter

Understanding the importance of accident book entries can help you appreciate their role in personal injury claims, as well as recognise why alternative forms of evidence are equally valuable.

An accident book entry provides:

An official record of the incident
Details of how the accident occurred
Information on the initial injuries sustained
A timeline of events

Anyone who has suffered a personal injury has the right to request that the details of their accident and injuries are reported and recorded. But while valuable, accident book reports are not the only evidence that can support your claim.

Reasons Why Accidents May Go Unrecorded

There are numerous valid reasons why an accident might not be recorded in an accident book. Common ones include:

You were seriously injured and taken to hospital immediately
You didn’t realise the severity of your injury at first
The responsible party refused to record the incident
You were unaware of the accident book’s existence
The accident occurred outside of normal business hours

Alternative Ways to Prove Your Claim

If you don’t have an accident book entry, don’t despair. There are several other methods you can use to document your accident and strengthen your claim. Here are some effective strategies:

1. Write a Formal Report

Send a detailed letter to the relevant party (employer, business owner, etc.) describing the accident
Use recorded delivery and keep a copy for yourself
Request that they add this information to their accident book

2. Gather Witness Statements

Collect contact information from anyone who saw the accident
Ask colleagues or bystanders if they’d be willing to provide a statement
Independent witnesses can be particularly valuable

3. Seek Medical Attention

Visit your GP or hospital as soon as possible
Ensure the cause of your injury is recorded in your medical notes
Keep all appointment records and prescriptions

4. Collect Physical Evidence

Take photographs of the accident scene and your injuries
Preserve any damaged clothing or personal items
Request CCTV footage if available

5. Document Your Recovery

Keep a diary of your symptoms and how the injury affects your daily life
Save receipts for any expenses related to your injury
Record any time off work or lost earnings

The Importance of Acting Quickly

While the law allows a considerable period to make a claim, there are significant advantages to starting the process as soon as possible after your accident.

While you generally have three years to make a personal injury claim, it’s best to start the process as soon as possible:

Evidence is easier to collect
Witness memories are fresher
You demonstrate the seriousness of your claim

How a Solicitor Can Help

Navigating a personal injury claim without an accident book entry can be challenging. This is where the expertise of a personal injury solicitor becomes invaluable.

A personal injury solicitor can:

Advise on the strength of your claim without an accident book entry
Help gather additional evidence to support your case
Navigate the legal process on your behalf
Negotiate with the responsible party’s insurers

While an accident book entry is helpful, it’s not essential for making a personal injury claim. By taking prompt action and gathering alternative evidence, you can still build a strong case for compensation. Remember, every situation is unique, so it’s always best to consult with a qualified personal injury solicitor for advice tailored to your specific circumstances.

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.

Frequently Asked Questions

163 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 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 sustained a serious injury in 2018 when I had to carry an exhibition stand and materials in a hiking backpack bought by my boss so that a courier was not needed to take our stand to London and back. I had to put the bag on a table at the venue to get into it and I had to remove it to get on the tube. However when i got off the tube I tried to put the bag back on and it fell sideways and pulled my arm out of its socket . Rail staff called an ambulance and I was taken to UCL and had an overnight stay as it took hours and eventual sedation to get the arm back into place. I had treatment at my hospital the next day as the arm was still not in place and had follow ups including MRIs and under a consultant. I had aprox 3 months off work which they paid (originally they were just going to pay sick pay). As far as I am aware the accident was never put in the book and was not reported to the HSE and the bag is still used. It was weighed by my father – and it was between 20kg and 21kg. Is there anything I can do ?

The method of transporting work equipment from site to site is something an employer must consider carefully, including the potential risk of injury to those tasked with carrying or moving such an item. Whilst an employer must ensure that they have provided manual handling training, they must also ensure that the work that they are expecting a staff member to perform can be completed within the framework of manual handling guidance.

It would appear that your employer has not adequately considered the risk of injury in the way that they have expected you to lift and move this item. They appear to have provided inadequate equipment and exposed you to the risk of injury as a result. Our initial view is that you have a valid claim against your employer and that this is a matter our Solicitors would wish to pursue for you.

Is it illegal for a manager to change an accident form once it has been wrote and signed and will be used in personal injury claim?

Is it illegal to sack employee for one thing when it was actually to prevent the above being found out?

Any dishonest act is potentially illegal. If a report has been made that accurately records the details of an accident at work and that record is then changed to alter the facts and make it appear that the fault of the accident rests with the employee instead of the employer, that is fraudulent and should be reported to the authorities.

As for the dismissal query, that is a matter you should discuss with an employment law expert.

Hi i had a fall at work which was off a seated area that i had to climb on to reach to polish. I went to the hospital and they said it was muscle damage. They told me if it didn’t get better to go back which im about to do. My partner worked at the same place and asked about the accident book but was told that there isn’t one!

Do you think i have a chance to claim?

If your employer is expecting you to balance on a chair whilst working at height, there is a strong likelihood that this would be seen as employer negligence. Employers are obliged to ensure that employees are able to work safely and they must minimise the risk of injury at work. Therefore, where the employer tasks you with working at height, they MUST provide a safe and secure way of doing that work and training to enable you to do the work safely. In this case, you should have a step ladder and training to ensure you can use it safely.

My initial view is that you do have a claim.