What Happens If You Don’t Report An Accident At Work?
By Danielle Fletcher. Last Updated 16th January 2024. Welcome to our guide to what happens if you do not report an accident or injury in the workplace. In it, we give guidance to those who ask ‘I had an accident at work but didn’t report it, could I claim?’
Have you suffered an injury at work that you still haven’t reported? Are you wondering what happens if you don’t report an injury at work? Many people worry that not reporting an accident at work means they can’t make a compensation claim.
There’s a variety of different ways you could suffer an injury at work, for example slipping on a spillage or falling off a faulty ladder. Although it can be more difficult, in some circumstances, you can still succeed in seeking compensation, even if you didn’t report the accident.
This guide will explore instances that may prevent an employee from reporting workplace injuries. It will also discuss how you could make a personal injury claim after not reporting an incident. Moreover, the article will look at laws in place surrounding health and safety at work. Additionally, it will answer questions such as ‘Whose responsibility is it to report an accident at work?’
Get in touch with our team of advisers today to receive free legal advice about making a personal injury claim when you didn’t report an injury at work. You can call them on 020 3870 4868, or write to them via our contact page to begin an online claim.
To learn more about what happens if you don’t report an injury at work, please continue reading.
What Happens If You Don’t Report An Injury At Work?
Services And Information
- Can You Make A Claim If You Didn’t Report An Accident At Work?
- What Accidents, Incidents And Injuries At Work Can You Report?
- Why Is Reporting Workplace Accidents Important?
- Calculating Compensation For Workplace Accidents
- Do You Handle Claims For A Workplace Accident On A No Win No Fee Basis?
- Other Information
Can You Make A Claim If You Didn’t Report An Accident At Work?
You might be wondering, “I had an accident at work but didn’t report it, can I still claim personal injury compensation?”
The accident log book is a legal requirement for all workplaces that have 10 or more members of staff. However, if it wasn’t filled out at the time of your accident, you may still be able to claim compensation if you meet the eligibility criteria.
As part of their legal obligations, your employer must ensure that they take all reasonably practicable steps to ensure the health, safety and welfare of their employees while working. This is the duty of care as set out in the Health and Safety at Work etc. Act 1974 (HASAWA). Should they breach this duty and you suffer an injury as a result, you could potentially claim accident at work compensation, even if the accident was not reported at the time.
We’re available 24/7 on the details at the top of the page to discuss the eligibility requirements to make an accident at work claim.
What Accidents, Incidents And Injuries At Work Can You Report?
What happens if you don’t report an injury at work? Well, there are specific workplace injuries that must be reported to the Health and Safety Executive through RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013). It is a legal requirement that all accidents and near-misses are reported, and if an employer fails to send these reports to authorities, they could receive a fine.
The following workplace accidents and injuries are classed as reportable incidents:
- Work-related accidents resulting in fatalities (a fatal accident)
- Workplace accidents that result in injuries, leaving employees unable to work for over 7 consecutive days
- Industrial diseases
- Near-misses that pose a danger
- Incidents where members of the public are injured in the workplace
These incidents must be reported to RIDDOR by an employer immediately.
What happens if you don’t report an injury at work? If it cannot be reported immediately, the employer must send the report as soon as possible. Furthermore, the time limit for sending a written report to RIDDOR or other authorities is ten days after reporting the incident. The consequences of not reporting an accident at work could be a fine for your employer.
Why Is Reporting Workplace Accidents Important?
Reporting accidents and incidents at work is a legal requirement. What happens if you don’t report an injury at work? If your employer doesn’t send off an accident report to RIDDOR, they could be fined up to £20,000. Furthermore, by not reporting an injury at work yourself and having no record of it happening could make pursuing a personal injury claim difficult.
However, having other evidence to support the claim can make the process much easier. Sufficient evidence could include:
- Medical notes from your GP or hospital from when you suffered your injury at work
- Images of your injuries
- CCTV footage of the accident
- Witness statements, with their contact details
If you’re wondering ‘What happens if you don’t report an injury at work?’, we can help. Contact our team of friendly advisers today who can connect you with our panel of personal injury lawyers. They can investigate your evidence to see if you may be able to make a personal injury claim.
Are There Consequences Of Not Reporting To RIDDOR?
Your employer has a legal responsibility to comply with health and safety laws and so could face consequences for not reporting RIDDOR required incidents to the HSE.
The reporting of a serious incident or injury at work to the HSE will be your employer’s responsibility, but you can still report any breaches or violations of RIDDOR. If you are aware that your employer has not been properly recording or reporting serious incidents, you could contact the HSE directly to report a health and safety issue or violation.
Please reach out to a member of our team for any more questions you may have about your employer’s health and safety responsibilities or accident at work claims.
Calculating Compensation For Workplace Accidents
If you are eligible to make a claim for your workplace accident, you may want to know how much compensation you are entitled to. Compensation payouts may consist of two parts: general and special damages.
If your compensation claim is successful, you will be awarded a figure for your physical pain and psychological injuries under general damages. To help assign a sum to general damages, those responsible for valuing claims may refer to the compensation brackets found in a document called the Judicial College Guidelines (JCG). The JCG provides compensation guidelines for various types of injuries.
In our table below, we look at a few figures that could be relevant to injuries sustained in a workplace accident. They’re taken from the JCG 16th edition. We also look at how compensation could be awarded for more than one severe injury and any related expenses. This figure is not taken from the JCG. As every work compensation claim is different, these figures are only intended to be used as a guide.
| Injury | Severity | Information | Potential Compensation |
|---|---|---|---|
| Multiple serious injuries plus special damages | Very Severe | Settlements may include compensation for multiple injuries of a serious nature, plus expenses, such as lost income, nursing care, and home adaptions. | Up to £1,000,000+ |
| Brain Injury | Very Severe | The injured party will require full time nursing care due to the symptoms, which include a lack of meaningful response to their environment, little or no language skills and double incontinence. | £282,010 to £403,990 |
| Leg Injuries | Amputations (i) | The injured party has suffered the amputation of both of their legs, either both above the knee, or one leg above and one below the knee. | £240,790 to £282,010 |
| Leg Injuries | Severe – Very Serious (ii) | The claimant suffers permanent mobility problems due to the injuries. | £54,830 to £87,890 |
| Hand Injuries | Total or Effective Loss of Both Hands | The claimant has suffered a serious injury with extensive damage rendering their hands little more than useless. | £140,660 to £201,490 |
| Hand Injuries | Serious | Injuries in this bracket have reduced hand capacity to about 50 percent. | £29,000 to £61,910 |
| Arm Injuries | Severe | Injuries in this bracket are extremely serious and although they fall short of amputation, the injured party is little better off. | £96,160 to £130,930 |
| Arm Injuries | Less Severe | The claimant has suffered significant disabilities, but has experienced or is expected to experience, a substantial degree of recovery. | £19,200 to £39,170 |
| Back Injuries | Severe (ii) | The claimant’s back injury has special features, such as nerve root damage leading to loss of sensation, mobility impairments, along with sexual difficulties and impairments to the bladder and bowel. | £74,160 to £88,430 |
| Shoulder Injuries | Severe | In this bracket, the claimant has a significant disability due to brachial plexus damage. | £19,200 to £48,030 |
Some settlements for accidents at work claims may include special damages to compensate for out-of-pocket expenses caused by the injuries. Examples of costs that could be recovered as part of a compensation claim include:
- Nursing and care costs.
- Medical expenses, such as prescriptions.
- Loss of earnings.
- Travel expenses.
However, you must be able to prove your financial losses. You could save items such as bank statements, receipts, invoices and wage slips.
If you would like to discuss what happens if you don’t report an accident at work and what compensation you could be entitled to, please contact a member of our team.
Do You Handle Claims For A Workplace Accident On A No Win No Fee Basis?
Our panel of personal injury solicitors are happy to handle workplace accident claims on a No Win No Fee basis. A No Win No Fee agreement, or a Conditional Fee Agreement, is a contract between you and your lawyer. These agreements are popular with claimants as it means you have no solicitor fees to pay unless your case succeeds, so there is little to lose.
If your case fails, you don’t have to pay any of the fees your personal injury solicitor has built up pursuing your case. However, if your case succeeds, your lawyer can take a small, legally capped percentage of your compensation. This percentage will be discussed beforehand and it is to reimburse the solicitor for their hard work.
Would you like to make a personal injury claim with a solicitor? Get in touch with our advisers today and they can have a chat with you about your workplace injury. Then, they can direct you to our panel of lawyers who can discuss No Win No Fee agreements with you.
If you’re wondering ‘what happens if you don’t report an injury at work?’ our panel of lawyers can discuss this with you and explore your situation. They can then look at the best way to go forward in making a personal injury claim with you.
We recommend you get in touch with our advisers for free legal advice by:
- Calling us on 020 3870 4868.
- Writing to us and beginning your claims process online.
- Chat to an adviser through our live chat pop-up box to get an instant reply.
Other Information
In this section of our guide to workplace accident claims, we’ve included some extra guides you may find useful.
- Personal Injury Claims: If you are debating making a personal injury claim but need more advice, our guide on personal injury claims can give you the information you need.
- A Guide to Cycle Accident Claims – How Much Compensation Can I Claim? – How to Claim?: Have you suffered an injury in a road traffic accident? Our article will guide you through the process of making a personal injury claim to help you receive the compensation you deserve.
- How do you Claim if Injured at Work in the UK?: If you need more information regarding work-related injuries, our guide can point you in the right direction to making a personal injury claim.
- How do I know if I’ve Broken a Bone?: This NHS guide contains the symptoms, treatment, and recovery time for a broken bone.
- Broken Ankle: Have you suffered a broken ankle injury? This NHS guide includes what you should do if you have certain symptoms, as well as medical treatment and recovery.
- Health and Safety at Work etc. Act 1974: This legislation states that your employer has a duty of care to ensure, as much as reasonably possible, there is no risk to your safety within the workplace.
Thank you for reading our guide exploring what happens if you don’t report an injury at work. Hopefully, now, we’ve answered questions such as ‘I had an accident at work but didn’t report it, could I claim?’
