Accident Book Reports – What To Do If Your Employer Won’t Record Your Injury At Work

By Ian Morris | Updated November 29th, 2022

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

When someone is injured in an accident at work, employers have certain responsibilities that they are obliged to follow. One of these requirements is to ensure that details of any incident, no matter how minor, are recorded within an accident book or accident recording system. In cases of serious injuries, the employer also has a responsibility to report the accident via RIDDOR to the Health and Safety Executive. All accidents at work must be reported to RIDDOR where the injured employee is caused to be away from work, or left unable to work as normal, for seven consecutive days or more because of the injuries that they have sustained. The report must be made within 15 days of the accident.

The vast majority of employers care about their staff and site visitors. Good employers take health and safety regulations seriously, don’t try to get in the way of people being treated fairly and provide a safe working environment to their staff. They will carry out regular safety training for their staff, and one of the things that they should do is make sure that all staff understand how to record the details of any accidents within the employers accident book.

Employers that avoid accident book reporting

Unfortunately, there remains some less impressive employers out there who treat staff as a disposable asset and fail to uphold their duty of care towards health and safety at work. Remember, employers have a legal responsibility to ensure that all workers have a safe and secure working environment where the risks of injury are avoided as much as possible.

Bad employers will avoid safety training, cut corners with regards to providing the right tools, expect workers to use dangerous machinery that is not maintained, and unsurprisingly don’t provide accident books. In the worst cases, really bad employers will even refuse to acknowledge that any accidents have happened in their workplace. If this has happened to you, we suggest that you contact us immediately. In these circumstances you need expert advice and support. You can still succeed with a claim against such an employer, but it will be important to move quickly to ensure that the strength of any claim you may wish to make is not unduly affected.

What to do if you can’t use the accident book

At Direct2Compensation we can help you to understand your rights after an injury at work and how to make sure you have done everything possible to provide the evidence to support your claim. If your employer won’t let you see or use the accident book, you can take the following actions to help you claim compensation:

Get witnesses: 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.
Take photographs: You can take photographs of hazards at work, such as faulty machinery or inadequate work practices.
Send a recorded delivery letter: Another good thing to do is to send a letter to the registered office of the workplace listing what happened to you, the date, the cause and the injuries. Send this letter by recorded, signed for mail and retain a copy of the letter and your receipt and proof of postage.
Find a specialist solicitor: You can then provide all this to your solicitor to help them succeed with your claim for personal injury compensation.

It is important that an injured employee is aware of what they should do next after a work-related injury. Some things will be obvious, such as getting medical treatment, but many people don’t know their rights after an accident at work, or what they should do to make sure that the incident is properly recorded and that the right people have been informed.

It is never unethical to pursue a genuine claim for personal injury compensation, especially when you are dealing with bad employers who fail to act ethically and responsibly. Health and safety is vital in the workplace and by making a claim after an accident at work, you could be helping to make sure that the employers change their ways and that colleagues don’t suffer the same fate.

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

Comments & Questions

Read on for questions and advice about claiming...

Unrecorded/denied injury by manager

If your employer has failed to record the details of your accident despite you reporting it to them, you should make your own written statement of the incident and send it to your Manager/Employer by email, requesting that they enter the details in their accident book or your employer file. This will ensure that the details of your accident are on record and that you can not be accused of failing to report an accident or injury at work to your employer.

If you would like to discuss this matter and enquire about a potential claim for personal injury compensation, please call us on 01225430285 or use our website to request a call from us.

I was working in a kitchen and it was within my first few weeks of working with an employer where i slipped onto my back, they stated that they would fill in the accident book for me however i am not sure of this. I am not sure how much evidence there is to back my claim if i was to file a claim against them. At the time i didn’t think much of it and i am with a different employer now, i find my back getting worse every week since the day it happened with the littlest of tasks. What can/should i do?

Of course, for any claim to succeed, there is a need for evidence to substantiate the claimants position. Hopefully the employer did record the details of the incident in their accident book. However, if not, it would help if you have any other proof of the incident that you can point to – this could be an email or text message exchange with the employer or a supervisory member of staff. Also, if you attended your GP to discuss the injury, saying that you slipped on to your back at work, if your GP has noted the cause of your injury on your medical records (which they often do), that would point to an accident at work and this would certainly be helpful evidence.

I am now suffering from bad tennis elbow, my employer won’t record this as I don’t know when it happened it took few weeks to appear and several months have elapsed and it’s no better.

An injury or condition such as ‘tennis elbow’ will not be sustained in an one-off incident and it is therefore entirely accurate that you would have slowly noticed the condition developing. If your employment requires that you undertake repetitive movements, repeated lifting or even fine skills such as typing or manufacturing, a condition such as tennis elbow, which is often caused through repetitive movements can be sustained. Our Solicitors can certainly consider a claim for you.

If you believe that you have tennis elbow as a result of your work, you should write to your employers regarding the condition and ask that they record it as a workplace injury.

If you would like to discuss a potential claim for personal injury compensation, please call us on 01225430285 or use our website to submit a claim form.

Hi I’m a selector for a major retail store, I hurt my back picking at a rate of 240 cases for 11 hours ,we are contracted for 6 hours a day, but because of sickness and low staff we have to stay on , we pick off pallets and always have to pick at heights and low levels with heavy boxes and stand on pallets to get to the the back row , when I hurt my back I was onbthe office floor almost in tears, dep mangers told me go to AnE. My section leader then came in and told me get up off the floor ,can’t have you on the floor, that was it , not whats wrong or you OK, never asked me to fill out accident form(which normally do) went to AnE , physio sevral times and doctors, because i have numbness in legs im referred for mri, still waiting. When I ran to let them know what’s happening following day I asked to put in accident book manager said what for its repetative strain, from there on they have admitted failure to help and provide my request for gradual back to work and light duties, they have now (after a month) given me 4 hour hours a day phase to work but still picking on a asle… my back is still bad with the numbness symptoms coming and going, I’m now facing a capability meeting and possible sack… please can you help me . Thank you

If your symptoms of injury have lasted for 4 weeks or more, you would be able to pursue a claim against your employer on the basis of their negligence. Not only were you overworked, it would appear that the working environment is unsafe for picking with you having to reach both low level and high level items.

If you would like to discuss this matter with us and find out whether or not we can assist you formally, please call us on 01225430285 or request a call from us via our website.

Hi, I had an accident at work last week that involved me getting electrocuted by a faulty goods lift, it caused me to jump from a decent hight and twist my knee and also temporary shoulder weakness, I was taken to hospital and put on an ecg, luckily there was no lasting damage, but the physiological effect of this incident. Has played a detrimental effect on my mental health, when I returned from the hospital I was told that I need to start writing my own accident down in the accident book, there is also no signs to say do not mess with the lift and the door above the lift where the electric box is was open, I was told by my manager that they would pay me for the 4 hours I missed while I was in hospital as a gesture of good will, do I have a basis of a claim from the information provided?

There are certainly grounds to seek to pursue this further. You mention lo lasting damage to your heart from the electric shock, but do you have any muscle pain from the shock along with the injuries to your knee and shoulder?

We would be very keen to assist you further in this matter and can advise you of your rights after such an accident at work. Our Solicitors can assist you on a No Win No Fee basis and if you’d like further help, please either call us on 01225430285 or use the form on our website to start your claim.

Hi, do small independent travel companies legally need to keep an accident book to record all accidents, even minor ones?

All employers should keep a record of any notable injury that may happen at work or within the workplace. Of course, a very minor thing like a paper cut doesn’t warrant recording, but pretty much anything more serious than that should be recorded in order that an employer can monitor accidents and seek to reduce the prospects of a repeat as well as retaining useful records in cases where evidence may need to be obtained.

Hi Team –
I developed ‘ulnar nerve entrapment’ in 2019 and had corrective surgery around May of 2019 and off work for two weeks.
In January of 2019 I requested to have the ulnar nerve condition to be put into the companies accident book via email to the QA & HSE Manager. I was refused verbally with the reason of ‘It’s not an accident’.
I am aware of the 3 year timescale regarding making a claim for this case, but wonder if this might fall under the section 33 discretionary exclusion act considering the refusal to report the accident into the companies accident book.
My thinking at the time was that if it wasn’t in the accident book I would not be able to make a claim.
Thank you

It is possible that a court may accept your argument under section 33 as you mention. However, for a Solicitor to be able to undertake this matter on a Conditional Fee Agreement (No Win No Fee) basis, they would need a court to have already agreed to waiving the limitation as without that waiver already being in place, there is a considerable risk that a Solicitor may end up with a case that cannot proceed, but having incurred costs for their initial work.

Hi, I was exposed to hazardous dust. This was recorded in a test that failed extraction equipment that was never serviced or maintained. This was 10/21. I was never told by my employer, it was never reported. I found this out last month when I was given a copy of the test report. I have asked my employer about this and have not had a responce or any support.
I have also found evidence in emails of my employer being negligence. What do you suggest.
Thanks

Have you developed any symptoms of ill health as a result of the exposure to the hazardous dust? If so, we can help you to start a claim for personal injury compensation on a No Win No Fee basis (just contact us if so). However, if you are currently unaware of any health issues, it is not possible to pursue a claim. However, your rights to make a claim in the future – if any health issues that can be linked to the dust become apparent – remain and your 3 year claim period would start at the date at which you knew, or ought to have known that any such symptoms were related to the exposure to the harmful substance referenced.

To protect your rights, you should ensure that you make a written record of the incident and ensure that the same is on file with your employer.

I had an accident at work in November and I was off work for three weeks. I asked about the accident book and I was told by them that they would fill it in.

I have since checked and the accident book is empty! When I questioned this, I was told that the report had been sent off for a full investigation and for a report in to what happened, but I haven’t signed it?

It is not mandatory for the injured party to sign an accident book entry, although having someone sign to state that they agree that the report made is accurate is sensible and helpful.

In this case, it would seem that a record has been made and that the employer is taking steps to ensure that a full understanding of your accident and injury is made so that they can prevent a repeat of the same in the future.

My employer will not document the fact i injured myself whilst lifting the 58kg as instructed by supervision on a 1 man lift even though the boxes clearly state “Heavy 2 man lift required ” I am also not allowed to take a picture to support my accident given the fact i have been to hospital who have informed me i have torn a muscle in my shoulder.

Have you started a claim for personal injury compensation? Your employer has clearly been negligent in instructing you to ignore safety notices and manual handling guidance regarding the weight of the item you were tasked with lifting and the lack of a 2nd person or lifting equipment. Our Solicitors would certainly like to get their teeth in to this matter and regardless of your employers stance on their refusal to allow you properly record the details of your accident at work, your claim has merit and should proceed.

As your employer is not allowing you to document the correct details within their accident book system, you should make your own written report and send a copy to the employer via email. You can then outline what happened at the time, the weight of the item you were expected to move and who instructed you to do so. Our Solicitors can use your written report as evidence in support of your claim.

There is no accident report book at work.

All employers should have a system of recording accidents in the workplace. Whether an injury is very minor or in the more serious cases, details of accidents in the workplace should be kept in a written log – whether that be a traditional hard copy accident book or an online system.

As your employer does not have such a system, make sure that you make your own written report of the accident and send it to your employer – ideally via email. You should state what happened, when and where and list any injuries sustained. If the cause of the injuries can be attributed to employer negligence (lack of training, inadequate PPE, broken machinery or something else), you should note that.

A friend hurt their hand at work while offloading a trailer with an electric pump truck. This was not the employers fault and they carried on working for 3 days after the accident but then their hand was too painful to carry on. The problem is that they never wrote it in the accident book, but did report it to the person in charge of the office that day when they got back to the yard. After that, they had 2 weeks off work but have not received any payment. The employer believes the reason for being off work was sickness, but it was due to the accident at work. Please could you give advice on how they can get paid for this time off?

Employers are not required to pay full salary to people who are off work through injury or illness – even if the injury or illness was caused at work through no fault of their own. In this case, whether or not the employer will pay sick pay is down to the contract of employment that they have with the employee.

The only way to recover any loss of income therefore, is by succeeding with a claim for personal injury which would include the recovery of lost income in the special damages element of the claim.

With this in mind, you’ve stated that the accident doesn’t appear to be the employers fault. We therefore need to consider who was liable for the incident. If the injured party caused their own injury through a mistake, they have no right to make a claim but if a faulty piece of machinery or a lack of adequate training can be identified as a cause, there is a right to then make a claim.

I was working as a refuse collector. Half way through the morning, I got a sharp and painful feeling in the top of my foot and up the shin. I reported this to my supervisor, but the supervisor will not write it in the accident book as there was no accident – but the injury started while at work?! Is the employer within their rights not to report and record the injury?

The pain that you felt cannot be attributed directly to any incident at work and there has been no accident. Therefore, you are reporting pain and discomfort. This would be seen in the same way as a staff member reporting that they are feeling unwell or unable to complete their shift.

If you are concerned, the sensible thing to do is to email the employers HR department to make your own record of the incident and seek their guidance.

My employer will not give me a copy of my accident report, can I get this from them?

Frustratingly, employers are not obliged to provide workers with a copy of an accident report. However, most employers will release a copy if an employee requests the same in writing.

Whether or not you can get a copy of an accident report, our Solicitors can still act for you in your claim.

6 weeks ago I stood on a manhole lid at work (a care home) and it dropped from under me. As it flipped, I unfortunately landed on it between my legs. I was badly bruised, unable to sit or walk comfortably. My right hand also suffered muscle/tendon trauma and my knees have suffered aswell due to how I fell and the pressure from the lid. I am still suffering from these injuries 6 weeks on and after having 4 weeks off.

Since returning back to work, I have been asking all the managers including the General Manager and HR staff to write the details of the accident in the accident book, but no one knows where it is and it is believed there has not been one for a while! I am still awaiting an accident book to document my accident. What do I do?

After an accident at work, you have a right to make a claim and our initial view is that you have a strong basis upon which to make a claim.

We would like to help you to pursue a claim for personal injury compensation for the pain and discomfort caused to you and you’d also be able to recover any lost income if you have not been paid whilst you have been unable to work.

In terms of reporting the details of the accident, the fact that your employer does not appear to have a known method of recording the details of any incidents, injuries or accidents in the workplace reflects very poorly on them. You should make your own written report of the incident and email it to your Line Manager and the HR department. Make sure you list the date and location of the incident with a clear description of any injuries sustained and name any witnesses who may have seen it happen, or who may have helped you afterwards. You should also make reference to the lack of an accident book and your attempts to have the incident reported.

I had an accident and suffered an injury at work, my employer has recorded the accident. I have reported the accident to my Doctor, attended Accident and Emergency as well as having seen occupational health.

Please call us on 01225430285 or use the ‘start your claim‘ form on our website to provide further details about your accident at work and the injuries that you have sustained. We’ll explain your rights after an accident at work and have our Solicitors act for you to make a No Win No Fee claim against your employers insurance policy. You can claim compensation for the pain and discomfort caused to you as well as recovery of any loss of income or incurred expenses relating to the accident and your injuries.

I hurt my back…. just a sprain/strain…. diagnosed as non specific lower back injury.
I had 1 day off work, then 18 days holiday…. which I was unfit during, but I didn’t get sick note as my employer doesn’t allow me to claim holidays back anyway.
Should this have been reported to riddor, and do I have a claim?

If you reported the injury as work related and the injury has prevented you from attending work for a period of time that warrants a RIDDOR report, the incident should be reported.

Whether or not you have a claim will depend on how you came to injure your back and whether we can attribute the injury to employer negligence. Please call us to provide further information about your work, what training you have or have not received and how you came to suffer the injury.

I was employed by a global company from 2016, as the sole employee based in the UK for this division, my employement contract was with one of their UK division with whom I had nothing else to do with. In Early 2017 I was asked to go to the USA for a Global sales meeting. On my return I suffered a severe injury and had to go to hospital and and several days off work sick. My director who was responsible for the European Sales team but was based in the US told me I must report the accident to the UK division and they must add it into the accident book, I emailed the then UK based HR manager advising of the accident with details and put my director on copy.
This year I was made redundant and recently the injury has flared up making surgery the only option for any recovery. I contacted the company asking if there is any support I can expect and have been told “They have no report of any injury and if I am unable to provide any evidence they are not prepared to investigate further” I advised them of the two people I reported it too and have been told that as they are no longer working for the company they are unable to contact them.
I have made contact with both my former director and the HR manager with lttle effort. But remember clearly the incident and can confirm it was entered into the accident book. Yet the company say there is no entry in the book.

What can I do what advice can you offer?

Assuming that you were over the age of 18 at the time of your accident (early 2017), you are realistically unable to do anything about your injury. Personal Injury law within the UK would require that you pursue a claim within 3 years of the date of the accident and that limitation date has clearly expired.

Can you ask for any paper work on your accident from your employer?

Yes, you can request a copy of an incident report/accident book entry. Strangely though, the employer isn’t obliged to provide you with copies of this information and they are also not prevented from doing so either – so it’s whether their policy will allow them to do so!

does this cover RIDDOR reported to HSE?

Only RIDDOR reportable incidents will be reported to RIDDOR but if the HSE is aware of an accident, then evidence is available to support a claim going forward.

I had a accident at work I fractured my ankle stepping out of a van at work the inside of the back of the van has wood sheets down but it’s all rotted and wet iv slipped on this but iv not taken any pictures of the condition of the back of the van when I did this and the office staff at work have filled in the accident book at work and it not the account I gave them and they signed the accident book where I was supposed to sign and then they have said they signed it in the wrong place can you give me some info on what steps I need to take

You appear to have a valid claim on the basis of employer negligence given the condition of the flooring in the back of the van.

If you are able to obtain some photographs of the flooring, that would be most helpful. You should also inform your employer that they appear to have an inaccurate report of the incident and that it is not as you reported it. You can make your own accurate report of the incident and provide a copy in writing to your employer requesting that they amend their report as it is incorrect. If you or any colleagues have previously reported the rotten flooring in the vehicles, you should cite that too.

Employers that avoid accident book reporting

What to do if you can’t use the accident book

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