No Report Or Record In The Accident Book – Can You Still Claim?
By Danielle Jordan. Last Updated 1st Novemebr 2023. 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.
To contact our advisors today, you can:
- Call our team on 0800 073 8804
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Select A Section
- Can You Make An Accident At Work Claim Without Recording Your Accident In The Accident Book?
- When Is An Accident Book Required In The Workplace?
- What Should Be Recorded In An Accident Report?
- How Long After An Accident Can You File A Claim?
- Example Payouts For Accident At Work Claims
- Work Injury Claims With A No Win No Fee Solicitor
While you are at work, your employer must take all reasonably practicable steps to ensure your health, safety and welfare whilst carrying out work duties. This is their duty of care. It is set by the Health and Safety at Work etc. Act 1974 (HASAWA). If you suffer an injury as a result of a breach in this duty of care, you might be eligible to seek accident at work compensation.
However, in order to have a valid compensation claim, you must satisfy the personal injury claims criteria. As part of the legal process, you must be able to prove that:
- You were owed a duty of care.
- There was a breach in this duty.
- As a result of this breach, you suffered an injury.
One of the ways you could prove this is by submitting a copy of the report from the workplace accident book. However, you can still have a valid claim without this. The accident at work book is only one piece of potential evidence that could be used to support your claim.
Speak with an advisor from our team to discuss what types of evidence could be submitted to support your claim, even if a report was not made in the accident log book.
An accident book is required by law in workplaces with over 10 employees. It is an essential document that allows both employers and employees to record any injuries or accidents in the workplace. Failure to record the incident in the book may be considered a breach of workplace health and safety legislation.
Only certain accidents or injuries need to be reported under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR). An accident book should still include these incidents, but your employer will also need to fill out an online form via the HSE.
- The death of any person that has arisen from a work-related accident
- Specific injuries, such as amputations, serious burn injuries and crush injuries to the head
- When an injury has left an employee unable to return to work for over seven days
If you have any questions about recording an incident in your accident book at work, our advisors would be happy to help. There is no charge to speak to our team and they are available 24/7.
Recording an accident in an accident book can help prove the time, place and potential cause of the accident. This could help show whether negligence was involved, and as such, it can be a crucial piece of evidence when making a claim for an accident at work.
A written record should include:
- The time, date and location of the accident
- The personal details of everyone who was involved in the accident
- A list of the chain of events that led to the accident
- A complete rundown of the information provided to the injured person or people, including the treatment (such as first aid) offered to them at the scene and at a later date, if applicable.
For more information, get in touch with our advisors at any time.
Am I Entitled To A Copy Of An Accident Report?
If you were injured in a workplace accident and it was recorded in the incident report book, you may be wondering, ‘Am I entitled to a copy of an accident report?’
As previously stated, the accident book is an essential document for employees and employers to record and report details of specific work-related incidents and injuries.
You have the right to request a copy of the report regarding your specific workplace accident and injury. However, you cannot remove the accident book from the premises. This is because the book will contain information regarding other workplace incidents and has to remain on-site if a company has 10 or more employees.
If you are claiming with the support of a solicitor, they could request a copy of the report related to your workplace accident. This could be submitted as evidence.
Call our advisors to learn more about making a personal injury claim for an accident at work.
In this section, we’ll discuss how long after an accident you can file a claim. The Limitation Act 1980 sets out the time limit for personal injury claims as typically three years from the date of the accident or the date of knowledge. This could be the date you received a diagnosis, for example, if this is later than the accident date.
The limitation period for personal injury claims can be suspended in some cases. For example:
- If the claimant was under 18 when injured at work, they would have three years from their 18th birthday to start a claim. Before this point, the time limit is suspended. A litigation friend may claim on their behalf during this period.
- If someone lacks the mental capacity to claim, the time limit is suspended unless they regain mental capacity. A litigation friend could also represent such a claimant.
Get in touch for free legal advice on the time limit for personal injury claims.
How Long Do You Have To Put An Accident In The Accident Book?
Any incident should be reported in the accident book at work as soon as possible following the injury. This allows for it to be more accurately recalled and monitored. If you intend on making a personal injury claim for an accident at work, the report in the accident book can be useful evidence, even if it was filled in days after the event.
Additionally, if the incident needs to be reported to the Health and Safety Executive (HSE) under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR), the report must be received within 10 days of the accident.
If you have any questions about when you can record an incident in the accident log book, speak with one of our advisors.
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.
|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|
|Leg Injury||(a)(iv) One leg is amputated below the knee.||£97,980 to £132,990|
|Chest Injury||A traumatic injury to the lungs, chest or heart that impairs their function and causes permanent damage.||£65,740 to £100,670|
|Arm Injury||Both or one forearm has suffered a serious fracture that causes a function or cosmetic residual disability.||£39,170 to £59,860|
|Elbow Injury||A severely disabling elbow injury.||£39,170 to £54,830|
|Knee Injury||Moderate - (i) Minor instability, weakness and wasting caused by a torn meniscus or cartilage or due to a dislocation.||£14,840 to £26,190|
|Shoulder Injury||A clavicle fracture. Factors such as residual symptoms and the extent of the fracture will affect how much is awarded.||£5,150 to £12,240|
|Damage to Teeth||(i) - When several front teeth are lost or seriously damaged.||£8,730 to £11,410|
|Damage to Teeth||(iii) – When a single front tooth is seriously damaged, or lost completely.||£2,200 to £3,950|
|Back Injury||Minor – (iii) Within a year, a full recovery is made without surgery from a soft tissue injury.||£2,450 to £4,350|
Special Damages In Accident At Work Claims
You might also be awarded special damages as part of your settlement. This compensates you for the financial losses incurred due to suffering an injury at work. However, you will need to submit proof of your losses to be able to claim special damages, such as bank statements or receipts.
Some examples of the losses that could be recovered in accident at work claims include:
- Medical costs, including money spent on prescriptions, therapy, or other medical expenses.
- Any loss of earnings for time spent out of work to recover from your injuries.
- Travel costs, such as taxi fares to medical appointments.
- The cost of any home adaptations you need to cope with your injuries, such as a ramp or stairlift.
Contact our advisors today to see if you could be eligible to make a personal injury claim following a workplace accident. They could also help you if you are still unsure whether you could make a claim without a report in the accident record book.
If you are eligible to make a work injury claim, one of our solicitors may be able to help you. If you speak to our advisors about your case, they may connect you with one of our No Win No Fee solicitors.
One of our No Win No Fee solicitors could offer to represent your claim under a Conditional Fee Agreement (CFA). This means that you won’t need to pay your solicitor any upfront or ongoing fees for their services. You also won’t need to pay your solicitor for their work if your claim is unsuccessful.
If your claim is a success, then your solicitor will take a legally capped percentage from the compensation awarded to you. This is often referred to as a success fee.
For more advice on making a work injury claim with a No Win No Fee solicitor, you can contact our advisors. They can also help answer any questions you may have about making a claim without a report in the accident at work book. You can reach them by:
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.