No Report Or Record In The Accident Book – Can You Still Claim?
By Daniel Archer. Last updated 17th May 2022. You may be wondering ‘if there was no report in the accident book, can you still claim?’. If so, this guide can help.
In all workplaces or public premises, the employer or occupier has a duty to log the incident in the accident book or record it. All workplaces are expected to have an accident book, which is usually kept in the Human Resources office or in the Department Head’s office.
In this guide, we’ll explain what exactly a workplace accident report book is and how it is meant to be used. We’ll also cover why its use is important and what can happen if it is not updated when it’s appropriate to do so.
If, after reading this guide, you still have any questions about how accident book reports may affect a work accident claim, then you can contact Legal Expert for help. Our advisors can answer questions and potentially provide additional support if you have evidence to support a work accident claim. If you have strong grounds to make a claim, our advisors may even be able to connect you with one of our No Win No Fee solicitors.
What is an accident report book?
This book is used to keep a written record of any accident that occurs in the workplace. Keeping a record of workplace accidents makes it easier to manage health and safety issues at work. It could also potentially serve as crucial evidence if an employee decides to go ahead with filing an accident at work claim.
The accident book plays a pivotal role in deciding the success or failure of a workplace injury claim. A written record increases the chances of winning significantly. Without a written record of the accident in the book, the chances of winning the case goes down considerably, unless there is other compelling evidence available.
Who can fill out an accident book?
An incident can be reported within an accident book by any employee at the workplace. If possible, the injured party could be the one to fill out the report. Or one of the injured party’s work colleagues could fill the report. More important than who fills the report is that it should be accurate and detailed. Ideally, someone who witnessed the accident will be the one to fill out the report.
Under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 or RIDDOR, all employers, heads of staff or any other authority in charge are required to maintain written records of all dangerous incidents and occurrences including diseases and injuries that originated in the workplace. It is also a legal requirement to maintain a written record if an employee is forced to be away from work for more than 7 consecutive days because of an accident.
Online Video – Should I Tell My Boss About The Work Accident?
When is an accident book required in the workplace?
You may be wondering ‘if there was no report in the accident book, can you still claim?’. First, let’s look at what an accident book is and why it’s important.
In order to settle a claim, the court has to first determine whether or not the claim is genuine and whether the claimant is entitled to be compensated. The key to doing this lies in being able to prove the time, place and manner in which the accident happened. A written record does all of this.
A written record is should include the following details:
- The date, time and place that the accident occurred
- Chain of events that led to the accident
- Personal details of everyone involved in the accident and witnesses
- Complete information on the advice given to the injured individual and any treatment that was provided at the time or later
All of the above information serves to verify not just that the accident occurred but also how it occurred, which in turn helps determine negligence and liability.
Entries in accident book records are typically used in accident at work claims, public place accident claims and slip and trip accident claims. In all of the above instances, an accident book record helps clarify exactly how the accident happened and who was at fault.
What should be recorded in an accident book report?
In order to prevent misuse of the accident book report, there are certain procedures put in place for filling out an accident book report.
If an accident occurs in the workplace, it should be recorded in the accident book report immediately. If that is not possible for whatever reason, it should be filled out at the first available opportunity.
The injured party should be shown the report so they can confirm that all details are correctly recorded.
All workplace injury claims must be filed within three years of the date of the accident. In keeping with this three year limitation, all records must be maintained for at least three years so if the injured party decides to pursue a claim at a later date (before the three year limit), they can still access the details and use it as evidence for any accident claims that might be filed.
Example Payouts For Accident At Work Claims
As well as knowing what an accident book is used for, you may also be wondering how much your claim for compensation could be worth. This section breaks down how legal professionals can make that calculation.
It’s important to understand that each claim is unique, and so comes with its own set of circumstances. Therefore, the value of each claim will also be different, with a number of variables and factors to consider.
The first figure we’ll address is known as general damages. This is valued and awarded in accordance with the level of pain and suffering associated with your injuries. Legal professionals use a number of resources to do this, including medical evidence and a publication called the Judicial College Guidelines (JCG). We’ve included some figures from the JCG in the table below. Recently updated, these figures are from the 16th edition of the publication, published in 2022.
As you’ll see, there is a description of the relevant injuries, with a range of figures alongside. These injuries can be physical or psychological. These guidelines assist in the process of working out how much you could or should be awarded in general damages.
|Paralysis||(a) Tetraplegia/quadriplegia – The amount will depend on the injured party’s level of awareness and other factors such as life expectancy.||£324,600 to £403,990|
|Mesothelioma||(a) The person will experience severe pain and quality of life as well as function is impaired.||£63,650 to £114,460|
|Post-traumatic stress disorder||(a) Severe – Cases where there are lasting effects that mean the person cannot work, or their capacity for work is greatly reduced.||£59,860 to £100,670|
|Hearing||(c) Where hearing completely lost in one ear.||£31,310 to £45,540|
|Kidney||(c) Where one kidney is lost but the other is not damaged.||£30,770 to £44,880|
|Teeth||(f) (i) - When several front teeth are lost or seriously damaged.||£8,730 to £11,410|
|Teeth||(f) (iii) – When a single front tooth is seriously damaged, or lost completely.||£2,200 to £3,950|
|Chest||(e) Inhalation of smoke or toxic fumes, leading to residual damage that does not cause permanent interference on lung function.||£5,320 to £12,590|
|Shoulder||(e) Clavicle fracture||£5,150 to £12,240|
|Back||(c) Minor – (iii) Within a year, a full recovery is made without surgery.||£2,450 to £4,350|
In addition to general damages, your claim may also include what are known as special damages. However, you will still be required to provide evidence in some form. This is because special damages are awarded to you to reimburse you for costs associated with your injuries.
For instance, you may have been unable to work whilst you recover. Therefore, you may have experienced a loss of earnings. This means the amount you could or would have earned during this period of time could be included in special damages payment. You could show this using payslips and bank statements. Medical costs and damage to your personal property may also be included, if you can prove they were tied to your injuries.
If you had an accident at work but didn’t report it in the accident at work book¸ this doesn’t necessarily mean you can’t claim compensation for your injuries. Get in touch if you want to know more.
What happens if no record is kept in the accident book?
This happens quite often for several different reasons. It could be because the injuries were so severe they needed emergency treatment and the report was sidelined and eventually forgotten. Or it could be that it was deliberately omitted in order to try and deny liability.
Regardless of the reason, not having an accident report on record should not and does not affect the success of the case or the amount awarded. The injured party can still go ahead and file a claim for compensation based on other evidence such as medical reports, photographs of the injuries and the hazard that caused the accident, witness statements and CCTV footage. Having an accident report just makes it that much easier.
‘If there was no report in the accident book, can you still claim?’ & FAQs
Here are some frequently asked questions relating to this guide:
What is an accident book?
By law, all employers are required to have an accident book. It’s an important document for both themselves and their employees to ensure that a legal record is made of any work-related injuries or incidents.
What needs to go in the accident book?
Any accidents, dangerous instances, occupational diseases or deaths.
Should all accidents be reported in the accident book?
Not all incidents need to be logged in the accident book. The accident must be work-related and any resulting injuries must be listed as ‘reportable‘ according to RIDDOR.
How do I report an incident to HSE?
You can file a report by visiting the RIDDOR website and completing their online form.
How long do I have to make a personal injury claim?
Generally, claimants have 3 years to seek compensation for their injuries. This is effective from the date of their accident or the date that they acquired knowledge that a third party was responsible for their injuries.
Other Useful Compensation Guides
- How Much Compensation For Slipping On Wet Floor Claim?
- Must You Be An Employee To Claim For Workplace Injury?
- Accident At Work Compensation Claim Time Limits Explained
- I Was Injured At Work, What Are My Rights UK?
- How Long After an Injury at Work Can I Claim Compensation?
- Workplace Accident Claims Guide
- Accident At Work Claims Against The NHS
- Herniated or Slipped Disc Compensation
- Hazardous Material Accident Claims
- I Was Injured At Work, What Are My Rights?
- Read this guide on bathroom slip and fall accidents
If you’re wondering ‘if there was no report in the accident book, can you still claim?’, we hope this guide has helped. If you’d like to speak to a legal advisor about this or a similar query, you can contact Legal Expert today using the contact details above.