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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 hurt my back at work but it never got reported as my manager was avoiding me after a incident. After docs they thought it may be pain due to gallstones as pain just wasn’t going away after 6 months a mri was done and showed I have a growth in nerve due to injuries I had at work. I tried reporting several times and was ignored still in pain now and left company.what can I do?

Have you attempted to pursue a claim for compensation for the injuries you have sustained or not? Clearly, the lack of a report to the employer could be an issue in a claim as it does mean that there is no evidence to support that the accident happened at work. However, that should not stop you from further investigating a possible claim for compensation.

How did you injure your back?

Hey,

Vagner was cutting a padlock and felt a deep sharp pain in his chest similar to an electric shock. The Pain was so strong and overwhelming that he dropped the bolt cutters.

With time Vagner observed that the pain did not go away, he also noted significant loss of strength on the right side of his chest. He was not able to lift anything using the muscles surrounding the injured area, he also noticed asymmetry on his chest. As the symptoms persisted he went to GP who referred him to physiotherapist. The Physiotherapist then ordered him to do an MRI exam. Instead he had a chest scan done at Atln heath. After that Vagner was referred to a-specialist in Trauma and Orthopaedics. He is awaiting to hear what further treatment he will need.

No accident report was done by the time.
HR will not accept my report right now because it was last year.
I am not allowed to ask for a statement from my work colleagues.
I would like to know if I have any chances to successfully claim compensation for my injury?

Can you inform us as to what your chest injury was? At this time, apart from being managed poorly with regards to the way your employer handled your pain, we are not sure as to where any liability would attach to the employer for the actual injury/pain.

I slipped down pool steps whilst on holiday in Greece on Friday and today the holiday rep (from Thomas Cook) has arranged for a doctor to come and visit me. Due to the severe bruising and swelling, he recommended me to go to the local hospital. I went in an ambulance and had X-ray and ct scan. When arriving back at the hotel later that day, I asked for a copy of the report they have written in the accident book but the manager told me that it was the hotel protocol not to show me the book. Is this correct? I’m concerned as can’t check that the details recorded are accurate.

There is no requirement to show you the accident book entry at this stage. The best thing to do would be to speak with the rep again and ask them to record your comment that you have not been able to review what was entered in the accident book. You should also write to Thomas Cook once back in the UK to make a report in your own words as to what happened and again make note that you were not allowed to review what had been recorded.

I have a part-time second job as a a valet runner and do running from the garage to the hotel. On the 4th of July, I ran for a car and the on way back I fell over something and fell directly on concrete injuring my knees. I told my Supervisor immediately as to what happened. I suggested that my employer he filled out a workers comp claim form. My employer said that he knew nothing about it and that I had to wait for my manager to come in.

I continued to work but my knee hurt two days later. I was at work again and this time the Manager was there, so I told him that my knee hurt and how it happened. I asked if I should fill out the form and he said he would get the form from his computer. I continued to work Friday and was still in pain all night. Today I am in pain still but have no form yet. I have never had issues with my knees before. what should I do?

Perhaps it would be sensible to put your request for a workers comp form to your employer in writing?

My partner was in an accident in June 2017. He is currently with another organisation helping him to claim for personal injury but they have said the health and safety assist is not covered in their action as they only claim for damages. He has gone through a lot of pain in the last year and he was working in Norway for his company at the time. They didn’t record the accident in the accident book but also didn’t take him for treatment, he has a disability that makes it hard to communicate so how would we pursue the avenue of negligence and health and safety issues. They have already admitted liability to the accident but my partner wants to sue them for not doing the proper procedure, can he do this?

It is good to read that your partners employers have admitted liability in this claim as that admission of employer negligence confirms that he will now receive a compensation settlement award that will appropriately compensate him for the level of injuries sustained and any loss of income and costs incurred as a result of his accident at work.

As personal injury specialists, Direct2Compensation would be taking the same action as the firm your Partner has already instructed – seeking damages for the injuries and losses sustained on the basis of negligence.

To pursue the employer separately on the basis of their breach of health and safety protocol would not fall within the remit of a claim for personal injury compensation and as such, we can’t really advise on that. It may be possible to pursue the employer for procedural breaches, but that would be a civil matter and would require alternative legal advice as to the possibilities of doing the same and what the likely outcome of any action would be.

I was injured while working in a scrap yard and suffered a nasty cut to the side off my face which has left a scar I am unsure if my employer made a record in the accident book I have now left my workplace am I still entitled to claim?

The fact that you have left the employer is irrelevant as you would still be entitled to make a claim as long as the accident was less than 3-years ago. The lack of an accident book entry could cause problems down the line, but it wouldn’t stop us from being willing to pursue this matter for you. If you would like us to start a claim for you, you can use the previous link or if you prefer call us 01225430285 and we’ll get your claim up and running.

Hi, I had a fall in the car park at the premises where I work which resulted in me having stitches,and a black eye and a knee injury. I think I was knocked unconscious too but there was no one to tell me that. I had a week off work and 2 months later I’m still suffering from concussion. I didn’t put it in the accident book (business centre with 32 businesses) but I have got the cctv of my accident and it looks like I was out for a good minute and a half. Because it was a Saturday there was nobody there and I was in my own. Can you advise me please. Thanks

The CCTV footage that you have is something you should protect and retain as it could provide important evidence to support your claim if one can proceed. Whether or not you can claim compensation for the injuries you sustained will depend on what caused you to fall. Our staff will know whether the cause of your fall is something that you can hold the car park owner responsible for and whether or not you can make a tripping accident claim in this case.

You can call us on 01225430285.

I suffered a bad eye injury in an incident at work about 8 months ago. I am still receiving ongoing medical treatment and probably will for rest of my life. My accident wasn’t recorded with HSE until some months later (due to my employers mistake) although it has been now.

My question is if I make a claim for compensation, will my employers insurance company still pay out or could they use this as a reason to not cover the accident and force my employer to cover the compensation awarded to me? The reason I ask is that I work for close family and would consider not making a claim if they were liable to pay any compensation awarded to me as this could ruin their business. Thanks

Of course, we cannot speak for the actions of an insurer but it is very unlikely that the insurers would be able to withdraw responsibility simply because an employer failed to take action with reporting an accident to the HSE immediately.

The key as to whether or not you will succeed with a claim for your eye injury will rest on how the accident happened and whether the employer has been negligent towards your health and safety. Perhaps they didn’t provide the correct training, protective eyewear or safety guards on machinery. However, in any case the employers insurance is where the claim will be addressed and it is for this reason that businesses and employers pay for employer liability insurance cover. As such, we don’t think that you should worry about any claim damaging your employer if they do have insurance.

Your medical records will show that you were injured at work and there could be an accident book entry with the employer to confirm the same – and this is different to making a report to the HSE.

Given the apparent severity of your eye injury and the fact that you are likely to require medical treatment for many years if not permanently, you really should consider making a claim for compensation. The eye is a very delicate part of the body and as you will know, damage to the eye can be painful, have an impact on sight, mobility and independence. As such, compensation amounts can be quite high.

Can I still record my accident at work months after the event? I was too embarrassed at the time. It happened in January 18 and it’s now March?

You can ask your employer to make a record of your accident and it would be wise to try and do so, even after a few months.

If your employer won’t let you use the accident book given the time delay between your accident and now, you should write to the employer by email or post outlining what happened to you, how you were injured, what your injuries were and why you hadn’t made an immediate report of the accident. If you have any witnesses who can confirm your version of events, it would be helpful to mention their details in any report you make.

We would be happy to discuss your accident with you with regards to any claim for compensation.

I’ve had an operation for a repetitive strain injury in my shoulder. I’d had physiotherapy, an injection and then ended up having it operated on due to the injury sustained whilst working for a cleaning company. In my job, I have been doing the work for almost two years now. I moved to another building with loads of office tables like 640 having to clean and dust and also had to vacuum constantly each night (four nights a week). The employers have not been helpful and they haven’t put the details of my injury in the accident book even though I reported everything properly. The employer is now denying that anything happened and won’t take responsibility for the damage of my arm. Do I have a claim?

Clearly, it would help if your employer had placed on record the details of the injury that you have reported to them. Their refusal to enter any information in to their accident book goes against the responsibilities that an employer has. In order to protect your rights, we suggest that you make a formal written report to the employer regarding your injury, the symptoms you have had and how your work caused the damage. If the employer failed to provide adequate training or regular breaks from the work then you should make note of that in your report to them too. You should send the report to the employer by signed for mail and retain a copy for your records.

We would be happy to try and help you with a claim against your employer.

I picked up what I believed to be a very minor knee injury whilst lifting a 20kg box of mail at work. As I straightened my knees I felt a pop in my left knee.

The knee started swelling about 48 hours later, at which point I called my supervisor informing him and asking that a report was made. However, I have no idea whether this was actually done.

I have now been off sick for 2 months on SSP and have been diagnosed with a complete rupture of the ACL, a torn medial meniscus cartilage and subsequently started to develop arthritis in the joint, diagnosed via an arthroscopy in December. I am now waiting for my surgeon to arrange for ACL reconstruction surgery mid February. This will then be followed by 4 to 6 months of physio before work will permit me to return to work.

As mentioned I am unsure as to whether an official record of the accident was ever made, is it likely that I would be able to pursue a claim?

Many thanks.

We would be very keen to speak to you regarding your knee injury as we feel that you may well have a valid claim for work accident compensation. Much will depend on the working environment in which you are operating and what level of training your employer has provided you with.

Whilst you cannot be certain whether or not an accident book record has been made, you should not let that stop you from trying to pursue a claim against your employer. You clearly have a nasty injury and have already lost 2 months income due to this accident at work and therefore, you should seek to reclaim your losses and obtain compensation for your injuries. Whilst a lack of an accident book can cause problems, those problems can be overcome in some situations and our expert Solicitors will work hard to ensure that your claim succeeds if it can be pursued.

With regards to the accident book with your employer, now that you are off, you should contact the HR department at your workplace to discuss the details of your injury and describe, as you have in your comment here, what happened. You can state that you didn’t make an initial record as you had no idea of the severity of the injury and that it was only 48 hours later that you contacted your Supervisor to inform them and request that a record was made. You can put this in writing to them and request that they record the same.

Could I claim? I fell around 12 months ago in previous employment. It was a walk in freezer that didn’t have an anti slip floor, it was just pure concrete. I’ve had a bad back ever since about 2 months ago I finally went to the doctors and they sent me for x ray which has shown that I have fractured my spine. I’m now currently undergoing different bone mass tests and always in agony. I didn’t fill an accident report out at the time cause I didn’t think anything of it so there is no proof.

The lack of an accident book record or a proper report or record of your accident at work could make it harder to succeed with a claim for compensation against your former employer, but it should not prevent you from pursuing a claim. It could be that former colleagues could provide witness evidence to corroborate your description of the cause of your injuries and that your medical records indicate that you told the Doctor that you had fallen at work and suffered your back injury as a result. If so, this would provide some evidence to support your claim.

The failure to apply a non-slip floor surface to the walk-in freezer in your former workplace is an area that may well lead to our being able to demonstrate employer negligence and a successful claim.

We would be happy to discuss your accident and injuries with you with a view to helping you make a No Win No Fee claim for accident at work compensation. You have nothing to lose by investigating this further and we’d only need a few minutes on the phone with you to be able to give you an initial view as to your prospects of succeeding with a claim.

Can I make a claim? I recently fell at work on a wet floor that had no wet floor sign, landed on my back and its been aching since, I have photos of the bruises from my arms but other than that the only evidence is from CCTV however I don’t know if the company will still have the footage. The manager said he was too busy to write it in the accident book so there is no evidence there either, would I have to contact my doctor first for them to assess my pain? How long do companies keep the CCTV footage for?

You can certainly make a claim for compensation here. The lack of a hazard warning sign at an area where water had made a floor surface slippery would give strengthen any claim you were to make. The employers failure to report the matter in to the accident book is a breach of health and safety regulations and you could report that to the authorities.

I would suggest that you write to your employer – either by email or recorded delivery to advise them of the accident and of your injuries, citing your Manager’s failure to add the incident to the accident book. You can read more about what to do if your employer won’t let you use the accident book. This would ensure that the matter had been properly reported and recorded with the employer.

You do not need to see your Doctor ahead of starting the claims process with us as we can take the initial details and get the claim up and running, although it would be wise to see your Doctor in order to ensure that you have the medical evidence you need to maximise the settlement value of any claim settlement you could receive if you were to win your claim.

Hi I was digging a hole at work and felt a twinge in my knee thought nothing of it but later felt a lot of pain seen doctor 3 weeks later got sent for MRI just had results back and I need surgery on knee got two ligament problems and fluid in back of knee and a floating piece of bone which needs removing no accident reported as I thought it was nothing at the time, can I claim?

We would need to speak with you to find out more about your work, what training you had been given and the nature of the job you were doing at the time of the injury to be able to properly advise you as to whether or not you can make a claim for compensation.

In a brief telephone conversation, our expert staff would be able to identify if there is any employer negligence that can be used to form the basis of a claim for accident at work compensation. Please forward your contact number to us at: justice@direct2compensation.co.uk and we’ll call you to find out more and offer you the advice you need.

I got burned quite badly when a machine fell onto me while it was on the wrong trolley and didn’t fit on, manager didn’t log in accident book, and claimed after that the trolley is the correct one, despite using a different larger one since then.

Your accident at work sounds awful and i’d imagine painful too. It would seem to be a clear case of employer negligence here and something we would be willing to look further into for you.

An accident book entry would be helpful, but if there is not one available or the employer refuses to allow access to one, there are steps you can take to protect your rights and record the accident. You can email or write to the employer (via recorded delivery) to report the details of the incident in which you were injured. You can cite the lack of an accident book entry and request that the employer acknowledges your accident and records the same. Any such letter/email should explain the incident in which you were injured, describe what happened and what the injuries were. If there is an area of negligence that feel was part of the cause (such as the wrong trolley), you should mention that also.

Hello, a few weeks ago I was in a bar, I slipped on the wet floor in the bar and damaged my left knee, resulting in being in a splint and crutches. The bar was wet everywhere, wet dripping off the walls, towards the toilets, around the bar, dance floor. They were mopping some up with a mop and bucket and some with kitchen towel. At no point was there any cones or warning signs placed. I’m unsure if there was any witnesses apart from my partner and I didn’t log into accident book as at the time i thought I’d just twisted my leg a bit and sleeping would help. Went back to the hotel via a taxi, hobbled with help of partner but couldn’t walk the following morning so he took me to an a and e department, where they advised about my injuries. Can I make a claim? I have been off work for 2.5 weeks with no date of return or recovery as of yet.

Obviously, the lack of any accident book entry or independent witnesses may hinder your claim. However, all is not lost and this is something we would still like to look in to for you.

I would strongly advise that you contact the bar in question by writing to them – either by email or via Royal Mail Recorded Delivery (if you opt for Royal Mail, retain a copy of your letter for your records and your proof of postage) – to advise them of the incident, what happened, when and how. You should advise them that you didn’t realise the severity of the injury at the time, but want it recorded now as it is quite serious.

I would imagine that you advised the A&E staff of the way that you sustained your injuries and this should be noted on your medical records – that could be of help.

Please call us on 01224430285 so that we can obtain some further details and then get a specialist Solicitor to contact you to discuss this further.

Had an accident at work in walk in freezer the boxes fell over on me due to someone overstacking extreme height, caused a back injury since april 2016, a member of staff helped me get the boxes off me as i had to shout for them as i was trapped, the team leader said they have no accident report book as it has to be done online and said it was to much hassle of doing it that way now, have had many doctors Appointments and medications and now doctor has signed me off work due to the pain i am suffering due to this, would this be worth claiming for work injury?

Michelle

Thank you for informing us of your accident at work. Whilst it would be helpful if the employer had recorded the details of the accident, the lack of an accident book entry should not prevent you from pursuing a claim for compensation against the employer. Given the lack of support from your team leader with the accident book, I would suggest that you contact the company by email or letter to raise this issue and report your accident to them. You should inform them of what happened, who helped you and what injuries you have sustained as a result.

I am confident that our specialist solicitors would be keen to run this claim even though the accident report has not been completed.

I was a volunteer at a country park, we were in the process of demolishing a bird hide. I hit my knee full force with a metal mallet, I told the supervisor but he dismissed it just telling me about his unfortunate events in work, although I stated I was in quite a lot of pain! It was not noted in the accident book and I didn’t receive any medical attention in fact I had to continue. Is there any ground for compensation as the knee is now an on going problem or is there not as I was a volunteer?
Thank you.

Shannon

Volunteers are afforded the same protection when it comes to Health & Safety as any employee. In this case, the country park would be responsible for your Health & Safety whilst ‘working’ for them – even if it were on a voluntary basis.

We would be happy to investigate this matter for you and look in to pursuing a claim for compensation for your knee injury.

You have mentioned that there has been no official record made of the injury within an accident book and this could represent an issue going forward. However, there are steps you can take to make sure you report the incident and injury to the relevant people. I would suggest that you email the country park outlining what happened with the injury, what you were doing at the time and that you want it to be recorded. If you believe that there was any breach of health and safety, you should also note that.

We look forward to hearing from you.

Yours sincerely

Ian

Last March, while pushing a faulty trolley, full of ice, I felt a back strain which was later diagnosed as a bulging disc.
After a couple of months working with this back pain, in a stressful work environment, I was advised by the doctor to take a rest.
While off sick, I asked the person in charge for health and safety in the store, to record the injury in the accident book, and she told me that it would not be possible as I did not fall on the floor, or nothing, no equipment fell on me, and things like this.
At the time I underestimated the issue, and last July I left the job on medical ground.
I have spent a lot of money to recover from this injury which was caused by a faulty equipment, and I have a witness who can confirm that the trolley was faulty.
Now my question is simple: Can I still ask for compensation, without my injury recorded in the company accident book?
Thanks a lot and regards
Lorenzo

Lorenzo

Hi, you can certainly still try to make a claim for workplace injury compensation. Whilst it would be good if there were an accident book entry, the fact that you have a witness is a great help.

We would be happy to help you with this claim.

I used to work at McDonald’s and I badly burned my arm when I went to pick up a fry basket from the deep fat fryer and the weight was too heavy and I dropped it on my arm. This left me at the time with scabs and blisters. I informed at the time my colleagues and managers and was told to only put my arm under cold water, they never wrote the incident in the accident book despite my managers knowing about what’s happened. To this day I have a permanent scar which causes me embarrassment and can lead to difficult and embarrassing questions. Could I claim anything?

Jessica

Hi, thanks for commenting. I’m sorry to hear about your accident and how you now feel about the damage to your arm.

You are still entitled to make a claim and we would be willing to help with this, but it is worth being aware that there are a couple of possible barriers in the way of you succeeding with your claim. As you state, your employers failed to record the details of your accident in their accident book – despite you reporting it to them. Therefore, when a claim is made against your employer, they are likely to come back to the initial claim and say that they have no record of an accident. Therefore, proving your accident happened at work will be an issue. Did you receive medical treatment at a GP Surgery or Hospital? If so, did you advise them as to how the injury was sustained? If your medical records show treatment for burns caused at work, that could help.

The second barrier will be how long it has been since the accident? You have 3 years from the date of your accident (or until your 21st Birthday – whichever is longer) to register your claim in the courts (or with a firm like Direct2Compensation). If you are beyond the 3 years and over 21 years of age, there is nothing you can do. If you are within the 3 year period, I suggest that you contact us and let us see what we can do. We would certainly be willing to investigate this for you and may well be able to succeed with a claim.

I will email a copy of this response to you separately.

Many thanks and kind regards – I look forward to hearing from you.

Ian

What an accident book should record

How to claim if there is no accident book report

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