I Had An Accident At Work But Didn’t Report It – Can I Still Claim?
By Cat Way. Last Updated 9th June 2023. In this guide, we explain what can happen if you had an accident at work but did not report it and how that may impact on a potential compensation claim. If you have just suffered an accident or injury, either in the workplace, on public premises or in a shop or other commercial space, your first thoughts might turn to how badly injured you are and seeking treatment, rather than reporting the accident to the relevant party.
Whilst you should report accidents and injuries straight away, not reporting it does not mean that you can’t claim compensation for the injuries you have suffered.
There can also be instances after an accident when you may either have forgotten to report the accident or not had the opportunity to do so
. If this has happened to you, you can still claim compensation for your injuries. However, it’s recommended you get a good personal injury claim solicitor to help you do so. Please read on to learn more about potentially claiming for accidents that weren’t reported. If you would like to speak to an advisor, you can contact Legal Expert online by using our contact page or our live chat service. You can also call us on 0800 073 8804.
Select a Section
- Who Is Responsible For Filling In The Accident Book?
- What Are Accident Report Books Used For?
- What Evidence Can I Use To Support My Claim?
- I Had An Accident At Work But Didn’t Report It – How Long Do I Have To Claim?
- How Much Compensation Could I Receive?
- No Win No Fee Accident At Work Claims
- Useful Links
It is your responsibility as an employee to fill in the accident book after an accident at work. Any workplace with ten or more employees must have an accident book onsite, and it’s your employer’s responsibility to ensure that you have one available to you.
After an accident, you can fill in the accident book yourself, or a trusted colleague can do it for you. Your employer cannot change your entry or ask you to change your entry once you’ve made it.
However, some serious injuries must be reported to the Health and Safety Executive (HSE) under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR). Your employer is responsible for reporting accidents under this legislation.
When Could I Claim For An Accident At Work?
In order to form the basis of a valid accident at work compensation claim, you have to be able to prove that your injuries were caused by your employer acting negligently. Negligence occurs when:
- You are owed a duty of care.
- This duty of care is breached.
- Because of this breach, you are injured.
Employers owe their employees a duty of care under the Health and Safety at Work etc. Act 1974 (HASAWA). This states that they must take all reasonably practicable steps to keep their employees safe while working. If you can prove that your employer breached their duty of care, causing you to suffer harm, then you may be entitled to make a personal injury claim.
To learn more about claiming compensation if you had an accident but didn’t report it, contact our team of advisors today.
Accident report books are a key part of proving where, when and how an accident happened and what (if any) injuries were caused by it. Not only does the accident report book confirm that the alleged accident and injuries did happen to the claimant, but it is also an important piece of evidence in helping to demonstrate the defendants’ liability for the accident or even negligence on their part. An accident report book helps to fulfil this by recording factors such as the date, time and location of the accident, the details of anyone involved in and injured by the accident, a description of the event and what happened and the details of any treatment which was offered to the injured party at the time of the accident.
When the accident happens, the accident report book or log should be filled out straight away – or as soon as possible. The person injured should be shown how the accident has been recorded and be given a chance to confirm that the details recorded in the book are correct. These records should then be kept for at least three years. This is because a claim for compensation may not be pursued immediately, and the records need to be in place for the whole three-year window in which a claim can be made. This means that ensuring the incident is reported at the time of the accident could strengthen your claim.
For more information on what to do if you have had an accident but did not report it, please read on or get in touch with our team today for free legal advice.
If you have had an accident but did not, or were unable to, report it, or if there was no accident book at work, there are other ways in which you can support your claim with supplementary evidence. Whilst not having a record in an accident book can be due to negligence on the part of a claimant or the party responsible at the accident location, failure to report or record the accident can also be a genuine error. This could be due to the nature of the accident itself and due to tending to injuries.
Where no official record of the accident at the location exists, there are still ways to claim compensation for an accident. Solicitors can build a case around other evidence which relates to the injury and accident circumstances.
If the injury was serious enough for you to be taken to the hospital by ambulance, the hospital records could be used to support your claim, even if there was no accident book at work. This can be used to stop the defendant from claiming that the accident did not take place on their property/ premises that they are responsible for. If you have medical evidence, such as being collected by an ambulance from the accident site, it can improve your chances to claim compensation successfully. Medical records can include the cause of an injury, ambulance location, and other onsite information.
Other supplementary evidence you may be able to secure or use to claim compensation are things such as CCTV footage. If your accident occurred in a public place or space with CCTV, there could be tapped footage of the injury happening. If there were CCTV cameras present, you should request a copy of any relevant footage. If the defendant does not send you a copy, ensure you tell your solicitor that you have requested a copy and that it was denied. They may be able to secure the footage for you.
Similarly, you or another party may have been able to take photographs of the injury and the hazard which caused the accident. If there was no CCTV and no pictures were taken, you can also ask anyone else present to provide a witness statement. Generally, if they are independent, this will better help your case. Make sure that you talk to them and get their contact details and that they will be happy to provide a witness statement.
If your accident happened whilst you were at work, your employer should have recorded the accident for you in the report book. This should always be done after any workplace accident.
You can claim compensation for an accident or injury up to three years after the accident occurred or three years after the injuries present, or three years after you establish the relationship between the accident and the injuries suffered. Whichever is the later date will be the one that applies. As there is always a time limit within which you need to make your compensation claim, we recommend that you contact a solicitor as soon as possible to start your case. The earlier you can start making your claim, the easier it is to prove any direct link between the injuries that you have suffered and your accident.
If you’d like to know more about No Win No Fee claims if you’ve had an accident but did not report it, please read on for more information.
Valuing a compensation claim without knowing all of the details of the accident is a very difficult task, whether you have reported the incident in an accident book or not. As well as the payment you’ll receive for pain and suffering, known as general damages, your claim will also consist of special damages, which will reimburse you for any expenses you’ve incurred that you wouldn’t have if not for your injuries.
Because injuries and accidents affect everyone differently, it’s hard to come up with a value for a claim without collecting all the details. However, we’ve included a table below with some common injuries and estimated compensation payouts for your information. These estimates are based on our history of dealing with compensation claims.
|Brain damage- very severe||£282,010 to £403,990||This bracket will include little, if any, evidence of meaningful response to environment, little or no language function, double incontinence and the need for full-time nursing care.|
|Brain damage- less severe||£15,320 to £43,060||In this bracket, there may not have been a restoration of all normal functions so there may still be persisting problems such as poor concentration and memory or disinhibition of mood, which may interfere with lifestyle, although the injured person will have made a good recovery|
|Injuries affecting sight- severe (b)||In the region of|
|This bracket includes total blindness|
|Injuries affecting sight- minor (h)||£3,950 to £8,730||This bracket includes minor injuries, such as being struck in the eye, exposure to fumes including smoke, or being splashed by liquids, causing pain and temporary interference with vision|
|Deafness/Tinnitus- Severe (b)||£90,750 to £109,650||Total deafness. Higher awards in this bracket will include cases where there's been an affect on speech or tinnitus.|
|Deafness/Tinnitus- Minor(d)(vi)||Up to Up to £7,010||Slight noise-induced hearing loss without tinnitus, or tinnitus without noise-induced hearing loss|
|Hernia- Severe (a)||£14,900 to|
|Continuing pain and/or limitation on physical activities|
|Hernia- Minor (c)||£3,390 to|
|Uncomplicated indirect inguinal hernia, with no other associated damage|
|Shoulder injuries- Severe (a)||£19,200 to £48,030||Damage to the brachial plexus resulting in significant disability|
|Shoulder injuries- Minor (d) (i)||Up to £7,890||Soft tissue injury to shoulder with considerable pain but almost complete recovery within two years|
|Leg injury- Severe (i)||£240,790 to £282,010||Amputation of one or both legs, above or below the knee|
|Leg injury- Less serious (iii)||Up to Up to|
Up to £11,840
|Simple fractures to tibia or fibula or soft tissue damage|
If you’d like a more precise value of your claim, don’t hesitate to get in touch with us today to chat with someone about your claim.
At Legal Expert, we work with specialist No Win No Fee legal solicitors who specialise in personal injury claims cases. They can help people who have had an accident in the workplace, in shops, restaurants or other commercial, public or other spaces to claim compensation after a personal injury. A No Win No Fee agreement is a special type of contract drawn up between a claimant and their solicitor. Also known as a Conditional Fee Agreement, or CFA, they set out what services the solicitor will provide and what work they will do for the claimant. It will also set out when and how the claimant will be charged for the solicitor’s services.
What does No Win No Fee mean?
No Win No Fee services are provided without any upfront fees or charges. Claimants can also expect not to have to make any payments during their case towards legal fees. This type of service has helped people who may already be facing financial pressures as a result of their injury to be able to make a compensation claim.
If the case is successful and damages are awarded, the solicitor’s fees will be deducted from this. The percentage should be specified in your agreement and by law must be 25% or less. If your personal injury compensation claim is not successful, then you should not be charged any fees or costs by the solicitor.
No Win No Fee solicitors have helped people from across the country to secure the compensation that they are entitled to and which they may not be able to recover if they had to pay upfront for legal services. You can view compensation claim amounts by reading our guide to making a No Win No Fee claim. To start your compensation claim, speak to Legal Expert today.
Contact Our Team
Contact us today by calling 0800 073 8804 or by sending us the details of your accident and injury via email to firstname.lastname@example.org. You can also use the online chat feature on our site to talk to us straight away.
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Read our guide on how to make a successful No Win No Fee compensation claims.
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Other Personal Injury Claim Guides
- Use our Whiplash Compensation Calculator to get a better idea of what you could potentially receive in a whiplash compensation claim.
- Our guide to Warehouse Accident Claims offers more information on claiming compensation for an accident at work
- Are you wondering whether you can Claim Against the Council Or Local Authority? Our helpful guide offers more information.
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If you would like to speak to an advisor about potentially claiming when you’ve had an accident but did not report it, you are welcome to contact Legal Expert.