My Employer Did Not Record My Accident — Can I Still Claim?

What is the employer's legal duty to record accidents?

Social Security (Claims and Payments) Regulations 1979 reg 25 — employers with 10+ employees must keep an accident book; RIDDOR 2013 — reportable injuries must be reported to HSE within 10 days (or 15 for over-7-day incapacitation)

What is RIDDOR and when must employers report?

Specified injuries (fractures, amputations, crush, burns covering 10%+ of body) — report within 10 days; over-7-day incapacitation — report within 15 days; dangerous occurrences; deaths — immediately

What if the employer deleted or altered the accident record?

Destruction of evidence after notice of claim — adverse inference; data subject access request for any records held; speak to a solicitor immediately

How does a missing employer record affect your claim?

It weakens evidence but does not bar claim; medical records, witness accounts and claimant's own contemporaneous notes can fill the gap

What evidence can replace a missing record?

GP/A&E records; photographs; contemporaneous texts or emails to colleagues/manager; witness statements; claimant's written account prepared promptly after the accident

Can you report the accident to the HSE yourself?

Yes — workers can report under RIDDOR; HSE may investigate; HSE findings are not binding in civil proceedings but can support claim

Can you request your records under GDPR?

Subject Access Request to employer under UK GDPR / DPA 2018 — employer must provide all personal data held about you including accident records, risk assessments and any communications about the incident