Can I still claim if my injury at work isn’t recorded within the accident book?
Yes you can.
Whilst a contemporaneous record of how the accident happened can significantly increase the chances of your injury at work compensation claim being successful, if a record is not made you can still receive compensation for your injury.
What is an accident book?
An employer should use an accident book to log each injury that occurs in the workplace or injured elsewhere but still working within working hours.
The log should include:
- Details of the injured person
- Details of the injury
- An accurate description of how the accident happened
- Date, time and location of the accident
- Who was involved, including details of any witnesses
- Details of the person completing the log, including the date the log was completed
- Any steps taken in the aftermath of the accident (e.g. any first aid administered).
An entry in the accident report book should be made at the earliest opportunity.
Is an accident book a legal requirement?
All companies with 10+ employees are required by law to have a work accident book on their premises to record injuries; they are legally required to store this record for at least 3 years.
Employers with less than 10 employees can choose not to have a book, but it is a good idea to have one.
When is a RIDDOR report required?
A report must be made by your employer if you suffer an injury at work and the injury is of a type which is reportable; these include:
- Major injuries such as fractures, amputations, head injuries, those resulting in loss or reduction of sight and serious burns
All of the above must be reported immediately; if it is not possible to do so then it must be reported as soon as possible thereafter, with a written report being sent within 10 days of the reported incident.
Injuries which result in employees being unable to perform their normal work duties for more than 7 consecutive days must also be reported, within 15 days of the accident.
Failure to comply with reporting obligations can result in a hefty fine for employers.
Why is it important that my injury is recorded?
Injury at work compensation claims are notoriously contentious; employers may question your version of how the accident happened in an effort to escape liability.
An entry within the accident report book can confirm that the accident happened as you said, adding to your credibility if it is one person’s version of events versus another.
However, in some cases the accident report log may not be made immediately, if at all. Alternatively it may have been completed in your absence and without your input if your injury required immediate medical attention. This may lead to the record being inaccurate, which may harm your case.
The details recorded in an accident book would likely to be viewed as a more accurate version of events of what happened at the time of the accident, or shortly thereafter, as opposed to a recollection of events some time since the accident. It is therefore important the details are correct.
We can help if your injury isn’t recorded or is recorded inaccurately
At Aston Knight Solicitors we are well versed in dealing with injury at work compensation claims where the injured employee’s version of events is called in to question.
You can also help your own case by:
– Seeking medical attention for your injury; ensuring details of how your accident happened are recorded accurately at the Hospital or by your GP.
– Write details of how the accident happened and send these to your employer if they have failed to record your accident or the record made is inaccurate
– Take photos and/or video of your work space to back up what happened.
– Make a note of the names of any witnesses or colleagues which may be able to help your case.
Please contact our team of dedicated injury at work solicitors for a no obligation free consultation on 0161 399 1231.
Ayoub grew up in Bury before graduating from the University of Lancaster. After then completing his Post Graduate Diploma in Law at the College of Law, Chester, he joined a prestigious London magic-circle firm where he worked on a multi-million pound product liability claim, being the highest value claim of its type in the world. He then returned to the North West where he joined a leading practice before leaving to start his own specialist practice. To contact Ayoub, visit the contact page.