If you have had an accident at work but didn’t report it, you can still make an accident at work claim. In order for you to claim for an injury, the accident that caused it needs to have resulted from employer negligence, and you must have suffered either physical or psychological harm.
You might be wondering:
- How do I make a workplace accident claim?
- What happens if an accident at work is not reported?
- How long do I have to claim for an injury at work?
By the end of this guide, you will have the answers to all of those questions. We will also explore the steps you can take to maximise the success of your claim, for instance, gathering evidence. Furthermore, we will look at the benefits that No Win No Fee accident at work solicitors can offer.
If you would prefer to speak directly to one of our advisors, you can do so by:
- Calling the number at the top of the page
- Completing our online contact form
- Using our live chat feature
I had an accident at work but didn’t report it; could I claim?
I Had An Accident At Work But Didn’t Report It; Can I Claim?
As we have previously mentioned, you may still be able to claim if you had an accident at work but didn’t report it, provided you were injured and it was caused by employer negligence.
Not all workplace injuries will lead to a claim for a workplace injury. In some cases, you might have been at fault for the incident that caused you injury. Alternatively, your employer might have done everything within their power to ensure your safety, meaning that the injuries you sustained cannot be attributed to a breach of duty on their part.
For more information on the accident at work claims process, please get in touch with an advisor from our team.
When Can I Make A Workplace Accident Claim?
All employers must take reasonable steps to ensure that the workplace, environment, equipment and facilities are safe enough to be used by an employee without risk of injury. This duty of care is set out by the Health and Safety at Work etc. Act 1974 (HASAWA).
A failure to comply with HASAWA that leads to an employee being injured would count as negligence. It could mean that you are eligible to receive compensation.
Examples of injuries workplace injuries that might lead to a claim include:
- Despite being aware of the issue, your employer fails to clear or signpost a spillage. Consequently, you slip on a wet floor and suffer a hand injury.
- Your employer has provided you with a broken ladder to complete a task in the warehouse. Due to this faulty equipment, you fall from a height and sustain a leg injury that leads to an amputation.
- You work with corrosive materials, but your employer gives you protective gloves that are worn and full of holes. As a result, you sustain a finger injury.
If you had an accident at work but didn’t report it, and are wondering if this could affect your eligibility to claim, speak with one of our advisors. If you do have a valid case, you could be connected with a lawyer from our panel.
Do I Need To Report An Accident At Work?
According to the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR), certain reportable incidents need to be reported to the Health and Safety Executive (HSE). This includes serious burns and loss of consciousness caused by asphyxiation, amongst other injuries.
Your employer can only report injuries that they are aware of. If you’re injured in a way that needs to be reported to the HSE, then you should let your employer know.
All workplaces that employ 10 or more people must legally hold an accident book on site. This can be used to record any workplace injuries, including those that may not need to be reported under RIDDOR. Filling out the accident at work book generates a record of the accident.
For more information on reporting workplace injuries, please get in touch with a member of our team.
What Workplace Injury Compensation Could I Receive?
The payout for a successful workplace accident claim could comprise of two heads of claim. These are called general damages and special damages.
You could be compensated for any pain and suffering, either physically or mentally, you endure due to your injuries through general damages. For example, you might suffer a back injury due to employer negligence and receive a payout for it that also takes into account the negative impact on your mental health.
We have provided you with a table of compensation amounts using figures from the Judicial College Guidelines (JCG). Legal professionals use the JCG to aid them when valuing claims.
These figures should only be used as a guideline. This is because each personal injury claim is unique, and your potential settlement could differ depending on the relevant circumstances.
| Body Part | Severity | Compensation Bracket | Details |
|---|---|---|---|
| Arm | Amputation | £240,790 to £300,000 | The amputation of both arms which makes the injured person significantly helpless. |
| Hand | Loss of Hands | £140,660 to £201,490 | Complete or effective loss of both hands. |
| Leg | Amputation (iii) | £104,830 to £137,470 | An above the knee amputation of one leg. |
| Leg | Very Serious (ii) | £54,830 to £87,890 | Results in permanent problems with mobility and the need for crutches or other mobility support form life. |
| Pelvis | Severe (ii) | £61,910 to £78,400 | Injuries with distinguishing features such as fracture dislocation resulting in impotence. |
| Back | Severe (iii) | £38,780 to £69,730 | Injuries such as, disc lesions or fractures to discs that despite receiving treatment disabilities such as continuing severe pain and discomfort still remain. |
| Knee | Severe (ii) | £52,120 to £69,730 | A leg fracture which impacts the knee joint leading to continuing symptoms, such as limitation of movement. |
| Ankle | Very severe | £50,060 to £69,700 | Unusual injuries such as cases of a transmalleolar fracture of the ankle with extensive soft-tissue damage that cause deformity and the risk of future leg injuries. |
| Wrist | Loss of function | £47,620 to £59,860 | An injury that leads to a total loss of function. |
| Neck | Severe (iii) | £45,470 to £55,990 | Neck injuries, for example, fractures or dislocations or severe damage to soft tissues. |
Can I Claim Special Damages In An Accident At Work Claim?
Special damages may also be included as part of your settlement if you suffer financial losses as a result of your injury. For example, you might suffer a foot injury and be unable to drive until it recovers. Any money you spend on travel could be compensated through special damages.
This head of claim could also reimburse you for:
- Home adaptations
- Care costs
- Medical expenses
- Loss of earnings
It is important to keep a record of losses you incur as without proof, you may not be fully compensated.
An advisor from our team could provide you with further information in terms of how much you could be owed if you contact our team.
What Evidence Could Help You Make An Accident At Work Claim?
You must prove that you were injured due to negligence at work by your employer to claim. One way this can be done is by acquiring evidence.
As we have stated already, it’s good practice to ensure that all accidental injury in the workplace is recorded. The report that you fill out could be used to provide evidence of the circumstances of the accident.
It must be noted that while you could still potentially claim if the accident has not been reported under RIDDOR, reporting it to your employer is important in generating evidence that you could use.
You could also:
- Seek medical attention and request the records
- Gather CCTV footage of the incident
- Take pictures of your injuries and/or the scene of the accident
- Keep a diary of symptoms and treatments as well as the impacts on your mental health
- Acquire witnesses’ details for statements to be taken at a later date
Our advisors are available to help provide information on how to claim if you had an accident at work but didn’t report it.
Is There A Time Limit For An Injury At Work Claim?
Typically, you have a 3-year time limit to begin your claim if you had an accident at work because of employer negligence. This can start from the date of the accident, when you realised you were injured, or when you connected your injuries with negligence.
This timeframe is set out in the Limitation Act 1980, but there are some exceptions to the legislation. If you’d like to find out whether one of these exceptions applies to your case, as well as how long you could have to start a claim, speak with one of our advisors.
Why Make A No Win No Fee Accident At Work Claim?
The No Win No Fee accident at work solicitors from our panel can use their vast experience to cover all bases of your claim. This could make the process of pursuing a workplace injury claim compensation if you had an accident at work but didn’t report it easier than it otherwise would be.
If you work with a lawyer from our panel, you could be offered a Conditional Fee Agreement which is a kind of No Win No Fee agreement. This generally means that there are no legal fees to be paid upfront or whilst your case is ongoing.
Furthermore, you are usually only required to pay your solicitor if your claim is successful. This means that if your case is lost, you usually do not have to pay their fees.
If your case is successful and you are awarded workplace accident compensation, you will have to pay a success fee. This is a legally capped percentage that will be subtracted from the payout by your solicitor.
Contact Us For Free To Make A Workplace Accident Claim Today
Our advisors are here to offer free legal advice 24 hours a day, 7 days a week. If you undergo a free consultation with one and they deem that you have an eligible claim, they could connect you with a solicitor from our panel.
That being said, there is no obligation to claim through us if this is the case. To get in contact:
- Call the number at the top of the page
- Complete our online contact form
- Chat with us using our chat
Learn More About Making Work Injury Claims If You Had An Accident At Work But Didn’t Report It
We have included links to some additional resources that may be of use:
- Health and Safety Executive – Worker Responsibilities
- NHS – First Aid
- GOV – Compensation After An Accident At Work
If you have any more questions on what to do if you had an accident at work but didn’t report it, please speak with our team.
Writer Beck Pickering
Publisher Fern Summers
