This guide will inform you on what to do if you have had an accident at work, but there is no accident book at work available to fill out. Not all workplaces need to have a workplace accident book, only those with ten or more employees. We will explore the responsibilities your employer has in more detail throughout this guide.
You may also have questions such as:
- “Can I sue my employer for negligence?”
- “I’ve had an accident at work, what can I do next?”
- “How much compensation for an injury at work could I receive?”
We will explore the answers to these questions throughout our guide.
Additionally, we will examine the evidence you can gather to help support your personal injury claim.
Lastly, we will explore No Win No Fee accident at work solicitors and how they could help with the work injury claims process.
For more information, you can:
- Call the phone number at the top of this page
- Connect with an advisor via our live chat feature below
- Fill out our contact form with your query
Claiming for work injuries when there is no accident book at work
Can I Claim If There Is No Accident Book At Work?
Accidents at work can happen in a number of environments. For example, you might injure yourself after tripping over cables at work that haven’t been covered properly in an office. Additionally, you could sustain an injury whilst driving a forklift in a factory after not receiving adequate training.
Following a workplace accident, you should fill out the accident book at work. This can ensure there is a report detailing how the accident happened, the time and date it occurred and the injuries you sustained. It can also allow employers to address the hazard that led to you sustaining harm if they weren’t already aware of it.
Additionally, if you want to make a claim, you could provide a copy of the report from the book as evidence to support your case.
However, there may be cases when there is no accident book at work. In these instances, you could still make a claim provided it meets the following criteria:
- Your employer owed you a duty of care at the time and place of the accident
- They breached this duty of care
- You experienced physical or emotional harm as a result.
This is known as negligence. If you can prove employer negligence caused you harm, you may be able to claim.
The severity of your injuries and the impact they have on your life can vary. However, this is taken into account when examining the potential accident at work claim compensation you may be awarded if your case is successful.
For more information on the work injury claims process and whether you’re eligible to seek compensation, do not hesitate to get in touch with a member of our team.
Does My Employer Have a Legal Obligation To Have An Accident Book At Work?
Your employer owes you a duty of care that is outlined in the The Health and Safety at Work etc. Act 1974 which states they should take reasonable steps to protect employers from sustaining harm at work. This involves taking reasonable steps to remove or reduce the risk of harm posed by any known hazards in the workplace.
Furthermore, Section 25 of The Social Security (Claims and Payments) Regulations 1979 sets out an employer’s responsibility to have an accident book in workplaces 10 or more employees.
If there is no accident book at work, you can still make a workplace accident claim. It just means that you cannot record the incident in the book, which means it cannot be used as evidence. However, there is other evidence you can gather to support your potential claim. We have explored this further in the following section.
What Evidence Can I Use In A Work Injury Claim If There Is No Accident At Work Book?
Acquiring as much evidence to support your workplace injury compensation claim as possible is always useful. This could include:
- Witness statements for a witness statement to be taken at a later date
- CCTV footage of the incident and/or the scene
- Photographs of your injuries as well as the scene of the accident
- A diary of your symptoms and treatment
In addition to gathering evidence, you should seek medical attention for your injuries. This allows you to get the necessary treatment but also generates medical records that can be used as evidence.
Lastly, you should seek legal advice. One of our advisors may be able to help provide more information on the evidence you can gather if there is no accident book at work. They can also advise on the time limit for starting a claim.
What Compensation Could I Receive From A Workplace Accident Claim?
If you win your claim for an injury at work, the compensation you’re awarded can comprise up to two heads of claim; general damages and special damages.
General damages account for any physical or mental pain and suffering endured as a result of the injuries you sustained.
We have drafted a table using figures from the Judicial College Guidelines (JCG). The JCG helps legal professional to value the general damages head of claim alongside other resources, such as medical evidence.
Whilst the guideline compensation brackets from the JCG could help you understand how much accident at work compensation you might be entitled to, they should only be used as a guide because each personal injury claim is completely unique.
| Injury | Severity | Guideline Compensation Bracket | Details |
|---|---|---|---|
| Head | (c) Moderate (i) | £150,110 to £219,070 | The person's ability to work is removed or significantly reduced. They will also have a risk of epilepsy and an intellectual deficit of a moderate to modest nature. |
| Back | (a) Severe (i) | £91,090 to £160,980 | An injury involving damage to the spinal cord and nerve roots resulting in severe consequences not typically found in ordinary back injuries. |
| Neck | (a) Severe (i) | In the region of £148,330 | A neck injury linked with incomplete paraplegia or resulting in permanent spastic quadriparesis. |
| Arm | (b) Loss of one arm (ii) | £109,650 to £130,930 | Above elbow amputation of one arm. |
| Arm | (d) Simple | £6,610 to £19,200 | A fracture of the forearm that's simple in nature. |
| Foot | (c) Very severe | £83,960 to £109,650 | An injury that has caused permanent and severe pain or caused a very serious disability. |
| Foot | (f) Moderate | £13,740 to £24,990 | Displaced metatarsal fractures that lead to permanent deformity and continuing symptoms. |
| Wrist | (a) | £47,620 to £59,860 | Results in complete loss of functionality in the wrist. |
| Hand | (g) Less serious | £14,450 to £29,000 | A severe crush injury causing considerably impaired function despite surgery. |
| Leg | (c) Less serious (ii) | £9,110 to £14,080 | Simple femur fracture with no articular surface damage. |
In addition, special damages seek to reimburse you for any financial losses incurred due to your injuries. For example, an ankle injury may see you unable to drive. Any travel costs that arise from the injury may be covered by special damages.
This head of claim may also reimburse:
- Medical expenses
- Care costs
- Loss of pay
However, you should provide evidence to support any losses, such as payslips or receipts.
For more information on how much compensation you may be owed if your claim for an injury at work is successful, please get in touch with a member of our team.
Why Use No Win No Fee Accident At Work Solicitors?
Very often claimants choose to be represented on a No Win No Fee basis via a Conditional Fee Agreement (CFA).
A No Win No Fee solicitor providing their services on this basis means that you do not have to pay any fees for their services if your case is not won.
However, if your case is won, you will have to pay your solicitor a success fee. Although this will be legally capped and deducted from your compensation.
Contact Us For Free To See If You Can Claim
Whilst we hope this guide has provided you with the information you need on claiming for work injuries with no accident book at work, we understand you may have questions. If so, you can get in touch with our team of advisors. They may connect you with one of the accident at work solicitors from our panel if your claim is valid.
To get in touch:
- Call the phone number at the top of this page
- Connect instantly via our live chat feature below
- Fill out our contact form with your query
Contact Us About How To Claim For An Injury At Work
We have provided you with some extra reading that may help with work injury claims:
- Statutory Sick Pay – GOV
- Steps Needed To Manage Risk – HSE
- Urgent And Emergency Care Services – NHS
Thank you for reading our guide on how to claim for injury at work if there is no accident book at work. Call us if you need any other information.
Writer Beck Pickering
Editor Meg Martin
