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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 was working in McDonalds on the drinks station and was asked to brush underneath the counter. When I bent down, my leg seized in pain and I thought I had cramp. It turns out I had sciatica after an MRI confirmed it wasn’t my leg. Unfortunately, I did not know to record it in the accident book as I was not aware it existed at that point in time. My only evidence to justify this injury was sustained at work is that my colleagues were well aware I had the injury as I had often asked not to lift heavy weight objects or do anything too intense, yet I still ended up having to lift heavy objects when the restaurant was busy. This incident happened roughly a year ago and I’m still suffering. I often told the managers throughout the year that I had sustained the injury while working in the workplace and that I could not do certain tasks they asked of me. The GP was made aware by me not long after that I had noticed the pain while working on the aforementioned drinks station. There are health and safety guidelines regarding lifting, but this does not relate to the actions I had performed, having to bend down continuously to shovel ice into cups (I’m 6ft 2.5) and despite common requests not to work on or do specific jobs, I often ended up having to.

Sciatica is a very upsetting, painful and debilitating condition. However, in your case I don’t see that you could make a claim against your employers for 2 reasons.

Firstly, there is the lack of the incident being reported at the time and although your colleagues were aware of your pain, the company would deny responsibility due to lack of evidence.

Secondly, you would struggle to prove a causal link between your work and the injury and as such, a Solicitor would most likely not wish to pursue your claim on a No Win No Fee basis due to the obvious risks of not succeeding.

Alright thankyou for the advice.

You’re welcome. If we can be of any further assistance, please do not hesitate to contact us.

Can I still claim for back injury as when I went back to office there was no one in office and can’t find accident book so where I stand here?

If there is no person available and no accident book provided, you should make your own report of the accident in which you were injured in writing and send it to your line manager or HR department.

It is important to ensure that an accident report is made in order to protect your rights and support any future claim.

Hi I had a accident at work but did not write it in the accident book, however I did tell my manager, as I was making a bed in a residential home I banged my finger very hard on a wooden bed frame. It was very painful. A week later it wasn’t getting any better so I went to a&e for a X-ray they said it was a injury called a trigger finger. I had a splint put on for 8 weeks with numerous visits to physio at the hospital. I was off work for 8-9 weeks, can I claim?

The lack of an accident book entry could be problematic in terms of making a claim, but wouldn’t necessarily stop you from pursuing a claim against the employer.

However, the main immediate issue to ascertaining whether or not you can make a claim for personal injury compensation is understanding where your employer may have been negligent in this accident. To make a claim for personal injury a claimant must be able to identify an act of negligence by another party. In this case, your employer. You mention that you knocked your finger with force on a wooden bed frame. How did that happen?

I have banged my elbow really hard at my previous employment and never reported it as thought I’d be fine as just banged my elbow. Tho pain has returned and think the pain may be there for life.

Without having reported the injury to your former employer at the time, making a claim for personal injury compensation becomes far harder and it is unlikely that it is something that a Solicitor would now be able to pursue on a No Win No Fee basis. Whilst your injury may be severe, there is no way of proving that it happened at the former workplace and as such, your former employer and their insurers will have no problem in defending the claim on the basis of a lack of evidence that they are liable.

Good afternoon. Basically, I had an Accident at work in 2015 and no report was filled in although I went for X-rays at Hospital, since then I have been in pain and so much so I was t old by Occy Health to get a medical note until fit to return. This was last February, till now i’m still off work, and recently have now been Diagnosed with CARPAL TUNNEL SYNDROME which has caused no end of problems for me, is there a possibility of a claim on this please? Thank you

You may be too late to make a claim as more than 3 years has passed since the accident you had at work in 2015. You may be able to make a claim for the carpal tunnel syndrome problem, if you first developed symptoms within the past 3 years?

Hi i work in a canteen and i moved a cage of fruit from the store room into the shop part, i was lifting boxes of bananas and felt something pull in my lower back and upto my neck so asked somebody if they could help move the rest. I didnt record it but now 2 weeks later im on sick with pulled neck muscles which i also pulled in june but couldnt say if it was work related at that time which i’m now starting to think it was! Can i still put it in the work book and could i claim as it seems to be a reoccurrence of the injury?

You should still attempt to record the injury at work within the employers accident book or incident reporting system. If your employer has not provided you with the required manual handling training, you could seek to pursue a claim for compensation against them as there would be a clear argument to be made to show that the employer had failed in their obligation to your safety at work by not doing what could be reasonably expected of them to reduce the risk of such an injury at work.

hi, i was working for an access firm and was asked to pick up a machine from somewhere, i didn’t know how to make it smaller in order to get it out door so as i attempted to make it smaller it fell on my foot resulting in permanent damage. But i didn’t report this as i was worried it would mean dismissal, where do i stand with this? thanks.

As you may appreciate, having not reported the injury you suffered at work to your employer could undermine the strength of any claim for compensation. In this case, the employer and their insurers will fight any claim and demonstrate that they were never informed of the incident.

My incident has not been put in an incident book. I have asked for a copy of my incident and employer’s signature and mine. I know I have not signed one.

Your employer should ensure that the details of your accident are properly recorded. It may help if you make your own written report and forward a copy to the employer – perhaps by email?

My partner had a bad accident at work involving machinery earlier this year in February and returned to work in mid May. an accident report was filled in, his boss has come to him yesterday the 29th August requesting that he sign the accident form by the end of the day. He’s pressured him (he hasn’t signed it) but he’s been told he can’t have a copy of it, never mind take it home to have a look properly and cross reference it with a recording he made of it for his protection, because when work came to ask his version of events he was fresh out of hospital and drugged up to his eyeballs. Can they do that, or is he entitled to a copy of it to read on his own time? Thank you

Your Partner’s employers cannot ask him to sign something that he has not read and he should refuse to sign anything under such circumstances. The employer does not necessarily have to give him a copy of the report to take and keep, but they should allow him to read anything he is being asked to sign.

I was pushed by a young person in my care and I fell back against the shower. 2 weeks later I was in excruciating pain on my right rib area, I was diagnosed as having a rib injury and signed off from work. This wasn’t recorded in the accident book but was recorded in an incident report that I was pushed, can i make an injury at work claim?

You can make a claim against your employer. However, the obvious hurdle you will face is proving that the injury happened at work due to the lack of accident book entry.

Hi I work in care and a few months ago had my thumbs bent right back by a service user. My senior in charge wouldn’t allow me to write it in the accident book, so he said I was to write it on an incident form.

I did write it in the notes of this service user, but I have a feeling the incident form may have ‘accidentally’ gone missing. I am going to ask.
I am now suffering with my thumbs as a result of this incident. Would I be able to still claim?

Yes, you would still be able to make a claim for this injury. The employer will be held liable if it can be shown that they have been negligent towards your health and safety at work. In such a case, the claim will be won if your employer failed to properly train you or if they failed to adequately risk assess the service user in question and warn you of the risks that they could present to you in your work.

Not an accident, but I hurt my back at work partly due to poor posture on my part. Partly due to the work conditions. It hasn’t been recorded in the accident book. Do I have a valid claim?

To succeed with a claim, you will need to demonstrate that the employer was negligent towards you. You mention bad posture, which is not an employer responsibility.

However, if the working conditions are such that you are cramped and cannot sit or stand correctly, you could make a claim. Any injury needs to have been reported to your employer and medical treatment should be sought.

I injured my back and knee at work. I had a little training, seen just a video, no physical training? Work for NHS, silly bent over to pick something up, back went into spasms and my knee ended up having an operation. They put too much work on me and my knee gave way? Not even put it in an accident book.

The lack of manual handling training could be relevant to your injury and you could look at making a claim. However, the lack of a report to the employer could be damaging to your claim.

My dad had a fall at McDonalds as the floor was wet. The shift manager came out with a note book took name and address and injures he received asked if wanted to report it went away came back with an blank accident form and asked my dad to sign A blank form and she would fill it in later on. I don’t think it’s right that he should of been asked to sighn a blank form and she would fill it in properly later on.

You are right that it is not the correct way to record an accident as your Father should have been afforded the opportunity to see what was recorded before he signed the document. To protect his rights, I would suggest that your Father return to the McDonalds restaurant and speak with the Manager and ensure that a proper report is made that accurately reflects what happened.

You describe a slipping accident scenario that would indicate that it would be a fair move to proceed with a claim for slipping accident compensation. If your Father wishes to make a claim, please ask him to call us on 01225430285.

Hi, I had an accident at work – no accident book at work but i’ve got it recorded and my doctor and my physiotherapist. I ended up having to have surgery on my back, informed my manager.

What accident did you have? What work do you do and how did the accident happen? To be able to advise you as to whether or not you can pursue a claim for compensation after an accident at work, we’ll need to find the answers to questions like these so that we can identify whether or not your employer has provided adequate training or if there is a possibility of attaching negligence to your employer.

The accident book entry, whilst a helpful piece of evidence to support a claim for compensation is not the be all and end all to allow you to make a claim, so don’t let the lack of such a record stop you from pursuing your claim enquiry further.

I work as a chef at a hotel. I burnt my feet 11 months ago as a pot of boiling soup was placed on a high trolley where it shouldn’t have been and fell landing straight onto them and the shoes I was supplied with didn’t protect them. I didn’t receive any medical attention or an accident report form as they failed to do both. I’ve seen several GPS, been to hospital and been signed off work being unable to even walk.

I didn’t do this sooner because I thought the injury would heal on their own but it’s been almost a year now and the skin on the top of both my feet are still raw, bloody open wounds and I have to use a walking stick.

Although I don’t have an accident report form, I have photographic evidence of my injuries through the entire 11 months, the doctors should have proof of treatments ect and everyone at my workplace including managers know all about what happened.

11 months have passed and I’ve recently discovered that they will never fully heal again as the burns were so deep and didn’t get treated immediately, my skin has pernament damage and now I have a sensitivity to even wearing shoes and socks it’s almost like an allergic reaction.

I just don’t know what to do next. I hope I can get some answers.

An accident report form would have been helpful in this matter, but the lack of one would not necessarily prevent you from being able to make a claim for compensation.

The hot soup was clearly placed in a hazardous position by someone and the injuries you have sustained are serious. We would be happy to help you further investigate making a claim for burn injury compensation in this matter as it is something worthy of further expert consideration.

I work as a carer at a care home. 2 months ago I had a knee injury at my work place, but I forgot to report it. I’ve been seeing my GP for treatment and further investigation about the injury is taking place. Until now I have been giving sick note at my work place.

I’d like to report my injury now, could you help me out with further information on how is this possible to do?

Given that 2 months has passed since you sustained your knee injury, your employer may refuse to allow you to record the details in their accident book. If so, the best course of action would be to make a written report of the knee injury and send it to your employer asking them to record the details for you. You could mention that you didn’t realise the severity of the injury initially and it has only recently become apparent that it is fairly serious. You should make mention of what you were doing, where and when and how you were injured. If you can identify any negligence or hazard that could be put at the responsibility of the employer, you should note that also.

Hello I injured my back carrying something I shouldn’t of been down the stairs, I was informed to do it by a site manager, I didn’t put it in the accident book because I’m agency and thought they’d just get rid of me, I have messages though with my supervisor confirming the injury, my back just doesn’t seem to be getting better but it happened two months ago and they said they were going to put me on light duties but this didn’t happen and now I can’t work and I’m on benefits, have I got any chance of claiming compensation?

The lack of an accident book entry should not stop you from further investigating whether or not you can make a claim. We would be happy to help you in this matter.

I slipped on some liquid in an Asda store and fell (on June 1st). I banged my knees and back due to the impact but was in shock so I tried to get up and an Asda employee helped me up. She just asked if I’m ok and if I needed anything. There were other customers who were looking so I just asked for some tissue to wipe the liquid off my shoes and got what I had come in for and left as soon as I could as I was embarrassed. I didn’t know I had to ask for a manager or fill the accident book as I had never slipped before. I have been getting pain in both my knees since then and it is painful when I ascend and descend steps. I called the store today to ask if my incident was recorded in the accident book and the guy told me that as I wasn’t assisted by a first aider or didn’t inform the duty manager, no entry was made and that he’s sorry and if it happens the next time to inform the duty manager. Is there anything I can do or should I just carry on taking painkillers and hope the pain goes on it’s own? Thanks

Given that your accident was only 4 days ago (today is the 5th June) it would still be appropriate to report the accident formally. Perhaps the best way of doing this in these circumstances, would be directly to the head office by email. You should make mention of the fact that a store worker helped you but didn’t offer formal first aid or advise you about an accident book. You should also explain why you fell and where/when.

We would be happy to further investigate a possible claim for compensation for you for the injuries you sustained. In slipping accident cases, a claim may succeed if we can prove that Asda failed in their duty of care as the occupier of the premises to provide a safe and secure environment.

Hi, around February 2018 I I injured my shoulder at work lifting heavy beds, I never thought anything of it at the time so never made an entry in the accident book although I injured it whilst working with my manager whom I worked with everyday so he was aware that I had hurt it. The pain wore off so I thought nothing of it but eventually the pain came back bad enough for me to seek help as it was making my job unbearable and sleeping was a big problem. I started physio around 8 months ago but the pain got worse and after having a MRI scan it showed I tear in my rotator cuff. I am on the verge of starting intensive physio two times per week for six weeks so as to hopefully avoid surgery, the pain and lack of sleep got so bad I could not carry on doing my job and had to quit a few weeks ago to find a job less physical and less demanding on my shoulder as I have limited movement in it and the pain is constant.

My concern is that it was not recorded in an accident book at the time but as I mentioned it happened whilst working with my manager and I worked with him every day since so he is well aware of my injury and obviously knew of my physio appointments, doctor appointments etc.

Clearly, it would have been wise (easy to say with the benefit of hindsight) to record this within your employers accident book. The lack of an accident book report does give the defendant insurers wriggle room and an easy way out by placing a burden on you to prove that your injury was caused at work. You could write to your former employer advising them of what you have said here – that you didn’t make an incident report at the time as you felt it wasn’t too serious and that overtime, the reality of the severity of your injury has become obvious and that you were forced to leave the workplace due to the injury sustained.

If your former employer failed to provide you with manual handling training or appropriate equipment and guidance to lift and move items safely, they are likely to have been negligent and as such, could face responsibly and liability for the injuries you have sustained whilst working for them.

Thank you for your quick reply, as for reporting my injury now would an email be appropriate ?? Also would my warehouse manager of had to report it in the accident book as well or is that entirely my responsibility ?

Also regarding manual handling training, risk assessment and health and safety, I never had any manual handling training in all the years I worked there even though heavy lifting was my job all day everyday, health and safety is non existent and I don’t even think there is a first aider in the work place.

Hi, all the years I worked there we never had any such training, no manual handling training at all or any risk assessment, the job involved heavy lifting all day, there isn’t even a first aider that I was aware of and it was only a small place, health and safety was pretty much non existent.

Regarding reporting it now would an email be appropriate ? And as I mentioned about working with my manager would him acknowledging the cause of my injury count towards helping with a claim ?

Thanks for your advice

Reporting the accident at this stage is certainly appropriate and sending an email is likely the only reasonable way of doing this.