What Happens If An Employee Does Not Report A Work Accident?

By Stephen Kane. Last Updated 13th December 2023. 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 you don’t report a work accident in which you sustain injuries? Could you 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?
report a work accident

Do you need to report a work accident?

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. Could I Claim If I Did Not Report A Work Accident?
  3. Injury At Work Claim Compensation Amounts
  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
report a work accident

Learn How To Claim For Work Related Accidents

Could I Claim If I Did Not Report A Work Accident?

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.

report a work accident

Do I Need To Record My Injuries In The Accident Book In Order To Claim?

Injury At Work Claim Compensation Amounts

If you are trying to calculate compensation payouts for injuries sustained in a workplace accident, you might be looking for a personal injury claims calculator. As well as wondering what happens if an employee does not report an accident, you might be wondering how much compensation you could get if you are eligible to claim.

We have opted to use the table below as an alternative to an injury claims calculator. The table gives details of what the Judicial College Guidelines deem appropriate payout amounts for specific injuries. If you cannot see your injury here, please call us for further advice. Please note that the first entry has not been taken from the JCG.

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Injury type and severity Compensation Bracket Notes
Multiple Serious Injuries And Special Damages Up to £200,000+ Multiple serious injuries and financial losses, like the cost of home adjustments and lost earnings.
Injuries to the back: severe (ii) £74,160 to £88,430 Leading to bladder or bowel functional impairment. Mobility could be impaired, and there could be nerve root damage or unsightly scarring.
Injuries to the neck: severe (iii) £45,470 to
£55,990
Fractures, severe soft tissue damage or dislocations that lead to a permanent disability or a long-term chronic condition.
Elbow injuries: severely disabling £39,170 to £54,830 A severely disabling injury.
Pelvic/hip injuries: moderate (i) £26,590 to £39,170 Where there isn’t any great risk of future damage or permanent disability but where the injury is significant.
Wrist injury (b) £24,500 to £39,170 Some useful movement would remain but there would be significant permanent disability.
Finger fractures: severe Up to £36,740 Causing partial amputation, leading to function reduction, grip impairment, sensation disturbance and deformity.
Injuries to the shoulder: moderate £7,890 to £12,770 Limited movement caused by frozen shoulder, lasting approximately 2 years. Soft tissue injuries lasting beyond 2 years could also be included here.
Head injury: moderate (1) £150,110 to £219,070 In these cases there is a moderate to severe intellectual deficit and an effect on sight, with some risk of epilepsy and personal changes.
Hernia (a) £14,900 to
£24,170
Continuing pain and limitation on activities even after surgery and treatment.

What Can Accident At Work Compensation Payouts include?

There are different types of compensation that you could claim when you make a personal injury claim against an employer for a workplace accident. Damages could include:

General Damages

These are non-pecuniary (non-financial) losses. They relate to the loss of amenity, suffering and pain experienced by the victim of personal injury. You can see examples of such compensation amounts in the table in the previous section.

Special Damages

Special damages are financial losses caused by the accident and your injuries. To claim special damages, you would have to demonstrate their financial value. You could use bank statements, bills and receipts to do this. There are lots of different expenses that your injuries could cause, as referenced below.

Medical Expenses

If you have to pay for counselling, prescription medicines or physiotherapy because of your injuries, for example, you could claim for these.

Travel Expenses

It is not uncommon for claimants to claim for travel costs associated with their injuries such as travelling to meet with their lawyer, or attending hospital appointments, for example.

Care Costs

If you are severely injured, you may need home care assistance with toileting, dressing or preparing food. You could include costs for such care within your claim.

Loss Of Earnings

If you lose out on some of your income because you need time off work to recover from an injury, you could claim for the money you’ve lost because of it. Loss of earnings payouts could include bonuses and overtime, and in some cases, future loss of earnings could be considered.

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:

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Reporting Workplace Accidents

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.