What Happens If An Employee Does Not Report An Accident Or Injury At Work – Could They Still Claim?

By Stephen Kane. Last Updated 30th April 2024. You might be aware that if you sustain injuries at work in an accident that wasn’t your fault, you could claim compensation. But what happens if an employee doesn’t report an accident or injury at work? Could they still claim?

We have created this guide to answer questions relating to employee accidents where no one has reported them. In the sections below, we answer frequently asked questions such as:

  • What happens if an employee does not report an injury?
  • What are the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013?
  • Can you get fired for not reporting an injury?
  • Do all accidents at work have to be reported?
  • What happens if an employer does not report an accident?
  • What happens if you can’t work due to injury?

Injured worker in a warehouse lying next to a forklift

We also offer insight into compensation amounts for injuries caused by workplace accidents If you would like to obtain free legal advice tailored to your accident at work or would like us to connect you with a solicitor, you can call us on 0161 696 9685 at any time.

Select A Section

  1. Types Of Reportable Incidents And Injuries
  2. What Happens If An Employee Does Not Report An Accident Or Injury At Work – Could They Still Claim?
  3. Do All Types Of Work Accidents Need To Be Reported?
  4. Workplace Accident Claims With No Win No Fee Solicitors
  5. More Resources On When To Report A Work Accident 

Types Of Reportable Incidents And Injuries

There are certain workplace incidents and injuries that your employer must report to the Health And Safety Executive, under their obligations to RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013). They include:

  • 7+ days of a worker being unable to perform their normal work duties
  • Dangerous occurrences
  • Gas incidents
  • Non-fatal accidents to non-workers
  • Occupational diseases
  • Specified injuries to workers
  • The death of a person

The Health and Safety Executive regulate workplace health and safety in Britain by providing information and guidance on good practice while working for a variety of different industries.

Specified Injuries

The list of specified injuries that must be reported under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 includes:

  • An amputation
  • Broken bones/fractures other than to toes, thumbs or fingers when confirmed by a doctor
  • Burns that are serious, or scalding, that affects over 10% of the body or causes significant harm to vital organs, eyes or the respiratory system
  • Crush injuries to torso or head that cause internal organ damage or brain damage
  • Injuries caused by enclosed space working that involve hypothermia or heat-induced illness or requires the injured party to be resuscitated or treated in hospital for over 24 hours
  • Injuries leading to reduction or permanent loss of sight
  • Loss of consciousness due to asphyxia or head injury
  • Scalping that requires hospital treatment

Worker checks on an injured co-worker lying on the ground

What Happens If An Employee Does Not Report An Accident Or Injury At Work – Could They Still Claim?

While you are working, your employer owes you a duty of care. This means that they have to take all reasonably practicable steps to ensure that you are kept safe, and this is outlined by the Health and Safety at Work etc. Act 1974 (HASAWA). If your employer breaches this duty of care, and you are injured as a result, this is known as negligence.

Reporting work related accidents is always good practice for both major injuries and minor injuries. However, you may still be able to claim compensation for an injury if you didn’t report it, as long as you can prove that you were injured because your employer failed to adhere to health and safety legislation.

There are other forms of evidence you can use to support your claim if you did not record it in an accident book. For example, if you note down the contact details of potential witnesses, their witness statements can be taken at a later date.

Contact our team of advisors today to learn more about claiming if you didn’t report a work accident. Or, read on to get more information on claiming compensation for work related accidents.

Accident At Work Time Limits

As established by the Limitation Act 1980, the time limit for starting a personal injury claim is three years. This time limit starts from the date your workplace accident occurred.

The time limit can work differently under some circumstances. If, for instance, someone who is under the age of 18 is injured in a work accident, then the time limit is paused until their 18th birthday. Before that day arrives, a claim could be made on the injured party’s behalf by a court-appointed litigation friend. If a claim has not been made by their 18th birthday, they will then have three years to start one.

If the injured party lacks the mental capacity to make a claim themself, the three-year time limit will be indefinitely suspended. If this applies, a litigation friend could make a claim on the injured party’s behalf. If the injured party later regains enough mental capacity to make their own claim and one has not already been made, then the time limit will start from the day of recovery.

Contact our team of advisors today if you have suffered an accident in the workplace to see if you could be eligible to make a personal injury claim.

Injured worker lying on the floor and receiving help from another worker

Do All Types Of Work Accidents Need To Be Reported?

As highlighted earlier, your employer is legally required to report certain types of accidents under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR). However, there are numerous kinds of work accidents that could potentially occur that do not need to be reported.

It is good practice to always make an accident report at work for any such incidents that occur, even if there is no legal obligation to do so. If you do end up injured in a work accident, it would be beneficial if you, or a colleague who can assist, ensures that the incident is recorded properly in your employer’s work accident book.

If you start a claim for work accident injuries after your employer breached their duty of care, then the report on the work accident you had could later be used as evidence to support your case.

For more advice on the steps to making a work accident claim or what other evidence could be gathered, please contact our advisors for free today.

Workplace Accident Claims With No Win No Fee Solicitors

Now you know what happens if an employee does not report an accident, you might be ready to start a claim. Such claims could be complicated if workplace accidents have not been reported. You may choose to have a personal injury lawyer that could fight for compensation for you. Did you know you could do this without paying the lawyer fees upfront? With No Win No Fee claims, you don’t pay your lawyer anything until the end of your claim. The process works as per the below:

  • You’d need to sign a No Win No Fee Agreement. Your chosen solicitor would send this to you. It contains details of the success fee you would pay them once they achieved a compensation payout for you. Success fees are legally capped and are usually a small percentage of your total compensation payout.
  • When you sign and return the agreement to your solicitor, they will start working on your claim. They will help you collect evidence, build your case and negotiate a settlement for you.
  • Once they achieve a payout for you, they’ll deduct their success fee. The balance of your compensation payout will be for your benefit.

To learn more about claiming with a No Win No Fee solicitor, you can contact our team of advisors:

Injured worker lying on the ground and receiving treatment

More Resources On When To Report A Work Accident

Below, you can find links to lots more guides with advice on how to report a work accident, as well as workplace accident claims generally:

For more advice on how to report a work accident, please get in touch.