Can You Claim If Your Employer Did Not Record Your Accident?

About Our Legal Expert: This content is produced with oversight by Michael Jefferies, Managing Director who has more than 30 years’ legal experience.

Written by Tanya Waterworth, Digital Content Writer

What To Do Next If No Accident Report Was Made After A Work Injury

If you suffer an accident at work due to employer negligence or unsafe working conditions, a common question is ‘Can You Claim If Your Employer Did Not Record Your Accident?’ Most employees are likely to expect their employer to record the accident and what occurred, including any injuries. But this doesn’t always happen as sometimes employers may fail to record an accident, lose paperwork or simply don’t acknowledge that an accident even happened. In such a situation, an employee may feel that they’re unable to claim compensation.

However, you may still be able to pursue a personal injury claim even if your employer didn’t record the accident as an accident report is only one piece of evidence. Even though an accident report helps to support a personal injury claim, there are other types of evidence to claim, such as CCTV footage.

We explain below what you can do next if you’ve been injured at work through no fault of your own, but no accident report has been made. Many work injury accident claims proceed without an official accident report.

Can You Claim Compensation Without an Accident Report?

Yes, not having an accident report does not automatically prevent you from making a workplace accident claim.  According to the UK’s Health and Safety Executive (HSE), employers “must report certain workplace injuries, near-misses and cases of work-related disease” under the Reporting of Injuries, Diseases and Dangerous Occurrences (RIDDOR).

But if no accident report was made and you’re going to gather alternative evidence, you should be able to show that:

• An accident occurred.
• Your employer owed you a duty of care.
• Your employer breached that duty.
• The breach caused your injuries.

Why Might an Employer Fail to Record an Accident?

There are several reasons why an accident might not be officially recorded which may fall under any of the following:

• A manager forgot to complete the paperwork.
• The accident was reported verbally but never documented.
• The business lacked proper reporting procedures.
• The employer underestimated the seriousness of the injury.
• The employer deliberately avoided creating a record.

What Should You Do If No Accident Report Was Created?

If you discover that no accident report was made following the accident and your injury, your first step is to try to create a written paper trail as soon as possible. Taking early action is advisable as memories fade and evidence can disappear. Start by writing down:

• The date of the accident.
• The time of the accident.
• The location where it happened.
• How the incident occurred.
• What injuries you suffered.
• Who witnessed the accident.
• Who you informed about the incident.

Make sure your notes are in a safe place, and your next step is to notify your employer in writing if you have not already done so. Sending an email can be particularly useful because it creates a clear record showing that you reported the accident and keep copies of any correspondence. The email should include the following points:

• When the accident happened.
• How it occurred.
• The injuries sustained.
• The fact that no accident report appears to have been completed.

Messages and Internal Communications

Workplace communications can also support your account as they help to establish a timeline and show concerns were raised after the incident, for example:

• Messages sent to managers.
• Internal incident discussions.
• Shift records.
• Maintenance reports.

Other Evidence Can Support Your Claim

A workplace accident claim generally does not only involve a work accident report. Here’s some alternative types of evidence to gather in order to establish what happened:

1. CCTV Footage

Nowadays, many workplaces use security cameras in warehouses, factories, offices, retail premises, and external areas. If the accident was captured on CCTV footage, it may provide direct evidence of:

• How the accident happened.
• The hazardous conditions involved.
• The presence of witnesses.
• The immediate aftermath of the incident.

Important note: CCTV recordings are often deleted after a relatively short period, so it’s important to request that footage be preserved as soon as possible. A personal injury solicitor can help you to obtain CCTV evidence.

2. Witness Statements

Independent witnesses, such as colleagues, contractors or customer may be willing to provide witness statements which help to provide detail about:

• The circumstances of the accident.
• Dangerous working conditions.
• Equipment defects.
• What was said after the incident occurred.

3. Medical Records

Medical evidence is often regarded as the basis for a personal injury claim and it’s important to get medical attention as soon as possible following an accident at work. Even if an injury seems mild, it may get worse later, so go along to your GP or Urgent Care Centre. Medical records are key evidence to establish:

• When you first reported your injuries.
• The nature of those injuries.
• Whether the injuries were consistent with the accident described.

4. Photographs and Videos

Photographs can provide evidence of both the accident scene and your injuries and they also help to preserve evidence which may later be repaired, removed or altered in some way. If you are able to do so, take photos or video of:

• Defective equipment.
• Spillages.
• Damaged flooring.
• Missing safety guards.
• Poor lighting.
• Inadequate signage.
• Visible injuries.

Does the Lack of an Accident Report Make a Claim Harder?

The lack of an accident report may create some challenges. This is because the employer’s insurance company may scrutinise the evidence more closely if there is no formal workplace record. They may question whether the accident occurred or whether it happened as described. This is why gathering evidence as early as possible is vital. The more alternative evidence you have, the less important the accident report becomes. A combination of other evidence can build a compelling picture about the accident and your injuries.

Why You Should Speak to a Personal Injury Lawyer as Soon as Possible

We’ve seen that one of the biggest mistakes injured workers make is waiting too long to seek legal advice. This is especially crucial if there’s no accident report. A personal injury lawyer knows how to protect important evidence before it is lost or goes missing. In fact, the sooner the investigation begins, the easier it is to establish exactly what happened.

A personal injury solicitor can typically help to:

Obtain witness statements.

• Secure CCTV footage.
• Request relevant documents.
• Preserve electronic records.
• Identify breaches of health and safety regulations.
• Build a strong evidence-based claim.

As a claims management company, we partner with a panel of experienced work injury lawyers who offer a free, initial consultation when they will assess whether you have a valid claim and guide you through the claims process so you know what to expect.

FAQs: Can You Claim If Your Employer Did Not Record Your Accident

Can I claim if my employer refuses to record my accident?

Yes, your employer’s refusal to record the incident does not prevent you from pursuing compensation if negligence caused your injuries.

What if I only reported the accident verbally?

You can still claim, but create a written record as soon as possible which may help support your account.

Is CCTV necessary for a successful claim?

No, although CCTV can be helpful, claims can still succeed using other evidence such as witness statements, photographs and medical records.

How long do I have to make a workplace accident claim?

Most personal injury claims must be started within three years of the date of the accident, although exceptions can apply in certain circumstances.

 How We Can Help If Your Accident Was Not Recorded

If your employer failed to record your workplace accident, you don’t have to assume that you cannot claim compensation. But the key is to act quickly and we can help as we partner with a panel of personal injury solicitors who offer No Win, No Fee claims.

 To discuss your potential claim in confidence, contact our friendly team on 0333 358 3034 or complete our online contact form to arrange your free, no-obligation consultation.