People often assume that without video footage it is just their word against their employer's. In practice, very few work accident claims depend on CCTV.
Do I need CCTV to make a claim?
No. There is no legal requirement for video evidence. The court decides what probably happened, on the balance of probabilities, using all the evidence available.
What evidence can be used instead?
- Medical records made at the time, recording how you said you were injured
- Accident book entries and RIDDOR reports
- Witness statements from colleagues or others who saw the accident or its aftermath
- Photographs of the hazard, taken as soon as possible
- Your own dated written account
- Texts, emails or messages reporting the accident
- The employer's risk assessments, training records, maintenance logs and inspection records, which often show what should have been done
What if there was CCTV?
Write to your employer straight away asking it to preserve any footage of the accident and the area around it. Many systems overwrite recordings automatically, sometimes within a few days. You can also make a subject access request under UK GDPR and the Data Protection Act 2018, because footage in which you can be identified is your personal data.
What if the footage was deleted?
If footage was deleted before anyone knew a claim was coming, that is usually just bad luck. But once an employer knows a claim is likely, it should preserve relevant evidence. If it deletes footage after that, the court can draw conclusions against it, and there may be costs consequences.
How important are witnesses?
Very. Independent witnesses can be especially persuasive. Colleagues are sometimes reluctant to give evidence against their employer, but they are protected from being penalised for doing so, and your solicitor can approach them sensitively. Witness statements are taken in their own words and they confirm the content is true.
Does the absence of CCTV weaken my claim?
Not usually. Most claims settle on documentary and medical evidence. What matters most is gathering what you can quickly. See evidence for an accident at work claim and my employer did not record my 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.