Many injured workers discover that their accident was never written down, or that the record says something different from what happened. That is frustrating, but it is not fatal to a claim.
What records must my employer keep?
Employers with ten or more employees must keep an accident book under the Social Security (Claims and Payments) Regulations 1979, and any injured worker can ask for an entry to be made. Separately, under RIDDOR 2013 employers must report certain incidents to the HSE: deaths and specified injuries (such as most fractures and amputations) without delay, and injuries that keep a worker off normal duties for more than seven consecutive days within 15 days. Employers must also keep a record of injuries causing more than three days' absence.
Does a missing record stop my claim?
No. Courts decide claims on all the evidence. A missing record may make it slightly harder to prove the accident happened at work, but it is your employer who failed in its duty, and that failure can count against it.
What evidence can I use instead?
- GP, A&E or walk-in centre notes recording how you said you were injured
- Witness statements from colleagues who saw the accident or its aftermath
- Photographs of the hazard and your injuries
- Texts, emails or app messages to your manager or colleagues reporting the accident
- Your own written account, made as soon as possible and dated
- Rotas, timesheets and clocking records showing you were at work
What if the record was altered or deleted?
Tell your solicitor straight away. Once an employer knows a claim is likely, it should preserve relevant evidence. If it destroys or changes records, a court can draw conclusions against it. Your solicitor can write to the employer and its insurer requiring evidence to be preserved.
Can I get copies of my records?
Yes. You can make a subject access request under UK GDPR and the Data Protection Act 2018 for personal data your employer holds about you, which can include accident records, emails about the incident and CCTV footage in which you appear. Employers normally have one month to respond.
Can I report the accident myself?
Yes. If you think a reportable injury was not reported, you can tell the HSE. See reporting your employer to the HSE and what must be reported under RIDDOR.
Act quickly
Memories fade and evidence disappears. Write your account down now, collect names and messages, and remember the three-year time limit. See evidence for an accident at work claim and can I claim if I didn't report the accident?.
Sources
Browse every plain-English guide in the work accident guides hub, or read the main guide to how a claim works.
This guide is for general information only and does not constitute legal advice. Every claim turns on its own facts. For advice about your specific situation, speak to a regulated solicitor.