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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.

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Comments & Questions

Read on for questions and advice about claiming...

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 want to know if I informed my manager about my back problem, but communicated it through whatsapp text & over a weekend, if that is a sufficient record of a workplace injury? I did feel severe pains on the Friday before leaving for the weekend, but I did not take is seriously. However, on the Saturday the pain became more excruciating & severe so I was taken to hospital by ambulance. On the Monday & I was off from work the whole week due to the injury and pain.

I recently learned that the manager never made an I,O,D report. I am working under an agent but I do have my medical reports that confirm I developed a slip disc at level 4&5 & that the situation was caused by heavy weight lifting that I only do at work & I am currently still doing it, although a medical certificate advised my employer that I should be doing light duties. I was told by the manager there is no light duty for me.

What must I do in regards to this matter because I still want to go to the labour department to report this to them. This incident happened last year (September 2018), please advise.

If you have screenshots or print outs of the whatsapp conversations in which you report your injury and problems, that would provide useful supporting evidence for any claim you go on to make. An accident book entry is the ideal way to record a workplace injury, but a record does not mean a claim will succeed, it simply provides evidence that an injury happened in the workplace.

If your employer tasks you with lifting as part of your work, UK law obliges all employers to provide staff with manual handling training and a working environment that enables the employee to work safely and follow such training.

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.

I snapped my bicep at work nearly two years ago but it got brushed under the carpet so no accident report book, instead they said they would pay me a weeks wage which at the time I took because I couldn’t afford to be out of work self employed, now I don’t work for this particular company any more I feel like it’s time to make s claim, is this still possible?

To succeed with a claim for compensation if you’re self-employed it is important to be able to provide evidence to support a claim. The lack of an accident book report could be a problem, but if you attended Hospital or the GP immediately (or within a day or two of the injury) and stated that it happened at work, your medical records could provide the evidence you need.

My daughter slipped in Macdonald’s in January 19. Macdonald’s are refusing liability as they said I didn’t report the incident straightaway. I reported this on the phone to customer services, they sent me vouchers but yet they are not acknowledging liability the floors were wet, there were no signs to say wet floors.

Has your claim or complaint been handled by a specialist personal injury Solicitor or have you been liaising with McDonalds and their insurers directly?

Hi. I recently slipped on a dancefloor and sustained a separated clavicle. I attended a &e and have a photo of the x-ray.
The accident happened a couple of weeks ago and the owners are refusing to add this to their accident book and say they will look into it. The dance floor was wet. I was in no state to add to the book at the time and do not recall being asked to do so.

You should make a formal report to the venue in writing (by email or letter) to ensure that the owners of the venue are on notice of your accident. If the floor was wet, you need to mention that as the cause of your slip and also the lack of hazard warning signage or prevention of people taking drinks on to the dance floor.

You do have a right to claim compensation and this is something our specialist Solicitors can help you with.

I slipped on wet/slimy patio within a pub/restaurant garden. it wasn’t raining at the time but had been heavily raining most of the day that day. as I stepped from one foot to the other my left leg below the knee bent completely to the left, I fell and all my weight was then put on my knee which was bent the wrong way. this happened on 19th January 2018. I told the manager of the pub at the time but didn’t get it put in an accident book (I didn’t know I had to) and he didn’t offer this. I ended up in A&E early sunday morning for x-rays etc as I was in immense pain and psychically couldn’t walk. I have had numerous appointments since. an MRI last Saturday and yesterday was given m y diagnosis of a “ruptured ACL” ligament of my left knee. I am being referred to a knee specialist and for physio. I have been told I may need surgery and that my knee may never heal. I have had my leg in a leg brace for over 7 weeks now and although I can weight bare on my leg a little I still need to use crutches for anything longer than a 10 step walk. I spoke to 2 companies and they have said they don’t think they can help as I didn’t take pictures at the time or get it put in an accident book(it wasn’t as far as I am aware) however it could have been as I did mention it in passing to the manager shortly after. do you think I will be able to find a way around this and be able to claim?

The problem you have has already been brought to your attention by the two previous firms you have spoken with. The lack of supporting evidence (accident book and photographs), does make your situation more difficult.

You could of course return to the venue and obtain photographs – if it is still in the same condition and if the accident was recent, ask that they record the details in their accident book.

hi i caught my finger at work today between a block and scaffold pole, its caused bruising and swelling but i never put it in the accident book. i showed a first aider and they said i’ve badly bruised it, so i didn’t think anything else of it but it’s still throbbing when it gets cold, is there anything i can do to make a claim or would i be wasting my time? thanks.

It is hard to advise you at this stage as to whether or not you have a valid claim. The best thing to do would be for you to make further contact with us so that we can speak with you and find out more about how your finger became caught between the block and scaffold pole as this will enable us to advise you as to whether or not you should pursue a claim.

Clearly, the injury is serious enough and it would be wise to seek specialist medical attention on the finger. You should also make sure that there is a written record within the employers accident book regarding the incident.

I had a fall on New Year’s Eve in a pub floor had a wet patch .. didn’t fill in accident book .ended up going to the hospital after thinking I’d sprained it to find out I had broken fibula and badly dislocated my ankle . 3hr op and cast on non weight bearing ..

Have you subsequently returned to the Pub to report the accident and injury? In the interests of succeeding with a claim for personal injury compensation, a lack of the incident being reported at the time can undermine the strength of any claim.

I have dislocated my lower rib while in work. i was changing over a machine from one product to another and while lifting an item from the floor onto the conveyor belt i hit my side off a metal rod that pokes from the conveyor. At the time it was sore i didn’t expect anything serious cause i thought it was just a bump and because of that i didn’t tell my employer and it didn’t go into the accident book. But the next day i woke up in a lot of pain so i went to doctors, i then waited till my next shift which was 3 days later and explained to my boss that i wasn’t gonna make it in as i got hurt in our last shift and i have a sickline saying i’m not fit for work. Then i had to go into work the week after and they questioned me on the incident and i told them everything that happened and they just kept saying you should have reported it, and as i said to them i didn’t think it was that serious etc, i was wanting to know if i can claim or is it not possible because i didn’t put it in the accident book and no witnesses?

You have a right to make a claim. In the scenario you have described, the obvious hurdles that you will have to jump are the lack of accident book reports and witness evidence.

I was using a fork lift at work 2 yrs ago and drove over a pothole jarring my back causing my sciatica to flare up and cause me to have months off work. I am with the Unite union and when they proceeded to claim against my employer it was stated that no recored was in the accident book. I did fill it out and my team leader said he would put it in the book. My team leader said he could not remember one witness said he did not remember seeing the accident and my manager said I was confused with a previous accident 12 months earlier. All 3 claimed no memory of the incident, and my union said there was no prospect of a claim proceeding. My back pain is still bad and I have to take codeine from the doctor to be able to continue to work.

The issues you raise are an important reminder as to why having evidence to support your claim is so important. Clearly, you have been badly let down by your supervisor in their failure to add your completed accident report to the book. Whilst we do not doubt that you are making an honest report to us of the incident, the lack of any evidence to support your claim does mean that the prospects of succeeding with a claim here are severely impaired. It may be wise to take out a grievance against the employer and supervisor with regards to their failure to properly administrate your written report of an accident and the fact that this has left you unable to seek any compensation for the worsening of your sciatic problems.

I had a back injury nearly 3 wks ago at work. I work in a warehouse where there is no organisation and not much room to really move. I bent down to get something out of a box on the floor. My back went then and was in terrible agony. I informed many people what I had done but no accident book was mentioned. I carried on for a few more hours but then had to go and ask to go home. I spent rest of that day rest in bed. When went to get up was not able to move in serve pain. Was given strong pain killers. Was not able to do anything all weekend due to the pain. Returned to work Monday and not 1 bit of help was offered to ease my work load. I carried on till the Friday when I lifted a heavy box and my back went again. I sat on the floor for 30 mins as was unable to move and no one knew I was there. Again no accident book was mentioned. This has no left me with pain and agony and not being able to spend Time with my family all weekend was no help. As of today I have reconnected my doctors who have given me better pain killers and requested physio. Please is there anything I can do?

Given your description of the cause of your back injury at work, it would appear that your employers have questions to answer regarding their approach to Health and Safety at Work and whether they are fulfilling their legal requirements to minimise the risk of injury and provide a safe working environment. To this end, I think it would be appropriate for you to further pursue a claim for compensation against the employer with us.

It would be wise to make your own written report to the employer regarding the incidents in which you were injured and send the same via email to the employer.

Please use the ‘start a claim’ page of our website or call us on 01225430285 to get further help with starting your claim for compensation.

Hello I work in a small family run garage, old school style.
I was working on a large 4×4 vehicle stood on a wheel so I could reach into the engine bay to carry my work I slipped and banged my forehead resulting in a cut and it bled quite a lot at the time. I told my bosses and they said just wash it off in the sink. I told them what happened and I was told to man up. I assumed they would have entered the incident into the accident book as I was a bit dazed. I worked for the end of the day then that night I was up all night with a heavy migraine. I contacted work saying I wouldn’t be in and now one of my work colleagues have said don’t hold my breath regarding getting paid for being off. How do I stand in this situation? I know they don’t pay sick pay but is it different when the incident had happened at work? Can you help me in this situation?
If I did claim against them would it affect my position working for them as I have 3 kids and a mortgage?

UK law affords any employee a legal right to make a claim for compensation for an injury caused in an accident at work if the cause of the accident can be attributed to employer negligence. The employer has no right to terminate an employees position if they choose to make a claim for compensation.

However, whilst the law would protect an employee from facing undue pressure from an employer, it does not always mean that an employer won’t create problems.

I pulled my back at work and nothing was put in accident book, they didn’t send me home, I was in agony after trying to get a resident of the floor which in our moving and handling they do not teach. I’m leaving in 2 weeks because of a lot of stress and my manager decided to do risk assessment yesterday, bit too late, too much pressure and heavy work load, they just don’t care.

We may be able to help you with a claim for personal injury compensation for the back injury you have sustained at work. You mention that you were not trained in how to move residents if they were on the floor and as such, it could be seen as a failure on the employers part and therefore open up a route to holding them liable in a claim for compensation.

You can start your claim with us online – use the ‘start your claim’ page of our website to take this forward.

Is it a legal requirement for my employer to give me a copy of my accident report ?

No, there is no requirement to provide a copy of the report. There is however, a requirement to ensure that the details of any accidents at work are reported within an internal accident book system. The details of accidents of a certain severity must then be referred externally to RIDDOR. You can read more about that in this useful article on our website: RIDDOR

In March this year 2018 my boss trapped my finger in between a dough machine metal lid and a freezer top which resulted me to have to attend a&e as he dislocated my finger. It was strapped up by Doctors, but it still pops out of place every now and again. To this day he didn’t log it in the accident book – but it’s on record at the Hospital. Is this enough to claim against him or not?

You should not let the employers failure to properly record the details of your accident at work put you off from exercising your legal right to pursue a claim for compensation.

You could always write to the employer to put on record your grievance that they have not recorded the details of your accident and injury correctly and retain a copy of the same to go some way towards making sure that there is a record of the accident with the employer.

Finger injuries such as dislocations can cause serious issues with hand use and dexterity and if successful with a claim for compensation after such an injury at work, the value of any claim settlement would reflect the extent of the damage done to your finger.

We would like to assist you further with your claim and suggest that you use our ‘start a claim’ form or call us to get your claim started.

I fell off the bed of a lorry at work. I was knocked out briefly and broke/cracked a bone in my wrist and tore ligaments which has caused me lots of pain and discomfort since. I didn’t realise how bad it was at first but went to hospital a week/two weeks later then had to go for an mri scan, was supposed to go for a second one but didn’t make it cause I was working. There were two witnesses but I am not sure how keen they would be to testify. However, there has not been any manual handling courses, there is no such thing as an accident report book(they don’t even have a first aid kit), no one has ever been on a first aid course, many other people have been injured there, there is a general lack of health and safety to the point where some of the stuff is very dangerous even potentially life threatening. I have had many other injuries in this job; whiplash from a car crash, ankle ligaments, broken ribs, and sciatica which I was signed off for but got pressured to get back to work. I don’t have a contract and have always felt powerless to do anything. Have I shot myself in the foot by battling through all these injuries. Now I am older I am in constant pain from somewhere or other.

The employer would appear to have a very negligent approach to health and safety at work and as such, it is likely that employer negligence could be established with regards to a possible claim for accident at work compensation.

Whilst they should have an accident book reporting system, the fact that they do not have one does not prevent you from reporting the accident or indeed, pursuing a claim for compensation. To this end, we would recommend that you email or write to the employer to put on record the details of the accident you have had in falling from the lorry. Of course, they may choose to ignore the letter/email, but you would have evidence of sending the same (postage receipt if sent by recorded delivery or a ‘sent’ email) and this could be used as evidence to support your claim.

We would be interested to know more about this accident and how you came to fall from the bed of the wagon in order to be able to advise you as to whether or not the cause of this accident would lead to a valid claim for compensation. We would also like to know more about the other accidents you have had as if any of those were within the past 3 years, you may have a right to make a claim for compensation in those matters.

I had an injury at work 9 months ago and slipped a disk I had nearly six months of on sick and only went back in July to reduced hours and slight change to my work load, i’m now waiting for a neurosurgery appointment. I’ve also now been informed that my job is now moving occupational health over capability and may lose my job due to not being able to do the job role fully. The accident was not reported in the accident book either. Where would I stand in making a claim?

What caused you to suffer the slipped disc injury? If the cause can be placed at employer negligence, such as a lack of training, a failure to provide adequate equipment or a working environment that put you at risk of injury you could seek to make a claim for compensation.

The lack of an accident report being made at the time does cause some concern, but that would not prevent you from trying to pursue a claim. We have more info on slipped disc claims if it’s of interest.

What an accident book should record

How to claim if there is no accident book report

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