What Happens If An Employee Did Not Report An Injury? Find Out How To Claims And If You Are Eligible To Claim
By Mark Ainsdale. Last Updated 17th August 2021. This guide explains how to make a compensation claim if an employee did not report an injury. If you have had an accident at work and not reported it, you could have issues with making a personal injury claim. However, several circumstances might have prevented you from reporting an accident at work. If you have not done so, in certain circumstances, you could still make personal injury claims even if, as an employee, you did not report an injury to your employer.
There are many different ways you may have been injured at work. Whether you were injured by stock falling from shelving as it was stacked incorrectly or via a trip on a hazard that should have been removed from your work area, you could, in some cases, still have a claim even if you did not report the injury at work.
Within this guide, we look at the situations that might mean an employee did not report an injury. We’ll take you through the reasons someone might not have been reporting incidents at work and explain the circumstances that could lead to a claim, even if the work accident was not reported.
In addition to this, we’ll take you through the HSE’s rules on work accident and injury reporting, as well as telling you how a personal injury solicitor could assist with a claim if an employee did not report an injury promptly, or at all, after being injured in an accident.
Click on the sections below to be directed to the information you’re looking for, and if you have any questions, then do not hesitate to call us on 0800 073 8804 for further legal advice.
Select A Section
- A Guide To The Reporting Of Accidents At Work
- What Is A Reportable Employee Accident At Work?
- Why Was The Accident Or Injury Not Reported?
- What Are The Legal Requirements For Reporting An Accident Or Injury?
- How Should You Report An Accident At Work?
- How Long Do I Have To Report An Accident?
- What Happens If You Could Not Report The Accident Or If There Was No Accident Book?
- Could I Still Be Eligible To Claim?
- Workplace Accident Compensation Calculator
- No Win No Fee Employee Injury Claims
- Contact Legal Expert
- Related Guides
This guide covers what you need to know if you are an employee who did not report an accident that resulted in you suffering some injury. Reporting incidents at work is important and is required by law. However, if you are an employee that did not report injury and wish to make an injury claim against your employer, then you might think you wouldn’t have a chance. This is not necessarily the case, however. Some incidences allow you to claim not reporting the incident at the time.
Accidents at work causing injury could include slips, trips, falls, and machinery accidents, as well as manual handling accidents and work-related illnesses and conditions. If your employer is to blame, for instance, because they failed to take measures to lower risks of injury, or they failed to give you relevant training or equipment to protect your health, then even if an employee did not report an injury at the time, there could still be a chance you might have a personal injury claim for compensation for your injuries.
Within this guide, we go over important facts about reporting illnesses, accidents and injury at work, answer questions such as ‘Can you discipline an employee for not reporting an injury?’ explain what to do after an accident at work, and give information on how Legal Expert could help, even if you are an employee that did not report injury, but suffered due to a workplace accident.
If you’re looking into a claim where an employee did not report injury, you may wish to know if the injury actually should have been reported. According to the HSE and RIDDOR,
- Work-related fatalities must be reported to RIDDOR
- Serious injuries that occur to employees need to be reported to RIDDOR if the employee has been unable to work because of these injuries for more than 7 consecutive days
- Disease-related injuries must be reported to RIDDOR
- ‘Near misses’ that could potentially have caused significant injury need to be reported to RIDDOR
- People are injured in the workplace while not ‘at work’, including members of the public.
In addition, records must be made and kept on injuries that cause a person to be incapacitated for over 3 days. These could be recorded in the company accident book.
There could be many different reasons why a person might not have reported an accident or injury. However, the main reasons could be either that the person was incapacitated at the time and unable to report or that they were not aware of an injury until a later time. Whatever the reason an employee did not report an injury, it could still be worth looking into whether a claim could still be viable.
As per the above, it is legally required for employers to record incidents, whether they are big or small, or instances of ill-health at work. The following criteria apply:
- An employer should record every reportable accident, injury, illness, dangerous incident, work-related death or specified over the 7-day injury.
- These records should be kept in an accident book, file, computer file or log (written)
- RIDDOR reports are completed online through the HSE
- Risk assessments should take into account patterns in accidents and/or injuries
- Records should be kept up-to-date and in an organised fashion
- RIDDOR records should be kept confidential and be stored securely
Rules about RIDDOR also require employers to:
- Keep an accident book if there are more than 10 staff
- Factories, quarries and mines must keep an accident book
- RIDDOR records have to be retained for 3 years minimum from the last incident recorded in the book, but it is advisable to keep these for longer, up to 5-6 years
- There is a requirement to report RIDDOR incidents within 10 days of the incident.
According to the HSE, this is the information that must be contained in the accident report:
- The reporting date
- The location, time and date of the incident
- The personal details concerning the person involved – this should include their job title and name etc.
- The description of any injuries or occurrences
It is obviously important to record an accident at work as soon as possible. For RIDDOR incidents, they must be reported within 10 days of the date of the accident. In terms of the personal injury claims time limit, it might be worth noting that claims could be made up to 3 years after the incident date, but it could be best to act as quickly as possible, as it could make gathering evidence easier. Hence why it’s vital to move fast if an employee did not report an injury, but you wish to claim.
I did not report an accident at work because there was no accident book – could I still claim?
In some cases, you could claim. If you have not been able to report the accident for any reason at the time, you might want to take the following steps to assist with any future claims you might wish to make:
- Please write to your employer with details of the accident and ask that they include it in their accident book, send this recorded delivery and keep a copy with proof of delivery.
- Ask if there is CCTV and, if so, whether it could be retained, and if possible, take photographs of the area or any hazards at work that could provide evidence of unsafe practices.
- Also, seek out colleagues that may have witnessed what happened – these must be independent witnesses – and ask if they would mind speaking as a witness to the event. When seeking medical attention, always ask that the cause of your injuries is noted in your medical notes.
This helps if an employee doesn’t report an injury initially but would like to make a record of it.
I did not report an accident at work – could I still claim?
If an employee did not report an injury, it does not mean that injury did not occur. If you were incapacitated and were taken from the accident scene, you may assume that someone left behind would have recorded the injury in the accident book, but this may not be the case. Evidence in these cases could be proof from the ambulance staff that removed you from the premises.
Should your employer have failed to go ahead and report workplace accidents to RIDDOR or other notifiable parties when they were aware of the accident, but if an employee did not report the injury, then they may be in breach of their duty to notify the relevant parties. If your employer has failed to do this, they could be fined, which could strengthen your claim.
If, however, you did not realise an injury had stemmed from an accident or incident at work, then you could use your medical records to help prove the case. Your doctor would usually take notes of your appointments with them and record what you have told them. Once there’s a connection between your condition and your work, this could become evidence in your notes. So, even if the employee did not report an injury, this information could form the basis for your claim.
Workplace Accident Compensation Calculator
When making claims against your employer, various injuries might be involved. Although you may have already sought information from a personal injury claims calculator, these guidelines come from the judicial college. You should note, however, that these are only guidelines. So, your award may vary depending on the specifics of your case.
|Injury||Payment guideline bracket||Notes|
|Moderate Toe Injuries||Up to £8,420||Cuts, scrapes and fractures|
|Moderate Foot Injuries||£12,050 to £21,910||Fractures that are serious requiring immobility while healing|
|Moderate Ankle Injuries||£12,050 to £23,310||Fractures and sprains that will completely heal|
|Moderate Leg Injuries||£24,340 to £34,370||Dislocations, compound fractures and tendon damage|
|Moderate Neck Injuries||£6,920 to £33,750||Injuries that are painful and take some time to heal|
No Win No Fee Employee Injury Claims
You may be able to make a No Win No Fee employee did not report an injury claim if your solicitor works to this payment structure. This means that you would not have to pay a fee upfront for retaining the services of your lawyer. Instead, your lawyer’s fee would be taken as a percentage of your settlement, so you would not be out of pocket. All of our personal injury solicitors work on this basis, so you could learn how to claim without paying a penny out of your own pocket.
If you’re now ready to consider making an injury claim, and you think you might fit the criteria, why not call 0800 073 8804 to talk to one of our expert advisors. We’d be happy to go over your case and advise whether we think you’d have a claim. We can provide a personal injury lawyer on a No Win No Fee basis who would be willing to work to prove your case, even if an employee did not report a work injury.
Alternatively, you may wish to fill out the online contact form or email us at firstname.lastname@example.org for further assistance.
More information on unreported accidents – This further guide may offer some clarification on unreported accidents.
Time limits for personal injury claims – Find more information on the related time limits to your claim.
If an accident isn’t reported in the accident book, find out whether you might have a claim.
How to make RIDDOR reports – If you need to report an accident to RIDDOR, here is the relevant page for you to read.
2018 Workplace Accident Statistics – These are the HSE statistics for 2018.
Manual handling and MSD – A page from the HSE on MSD and Manual Handling.
Employee Did Not Report An Injury FAQs
Do I receive my pay if I suffer an injury at work?
So, your employer should still pay you SSP (Statutory Sick Pay), but you may not receive full pay.
How long can you claim for an injury at work?
You have up to three full years after the accident happens.
Can you miss work due to injuries?
Yes. In fact, your doctor might insist that you take significant time off to recover from your injuries.
Can I make a personal injury claim myself?
You could, but it enhances the chances of your claim winning if you work with a personal injury lawyer.
Should I always report an injury?
Absolutely, because this is proof about you suffering harm via a workplace accident.
And should I record an accident even if I don’t suffer any injuries?
Yes. That’s because it is against the law for an employer not to record an accident, regardless of the severity level.
Is stress a reportable injury?
Officially, RIDDOR does not classify stress as a reportable injury. But that doesn’t mean that this couldn’t make up part of your personal injury claim.
What happens if the accident doesn’t go into the employer’s record book?
The firm in question might receive a significant fine, and the responsible person may receive a punishment too.
Thank you for reading our guide on making a claim even if an employee did not report an injury.