By Max Morris. Last Updated 17th June 2022. If you have had an accident in a public place you may have heard about or been advised to file a report in an accident book in a public place. But, what are accident books in public places, what should be recorded in an accident book, how is this used and are they helpful in making a personal injury claim? In this guide, you can find the answers to these and other questions.
If you have been injured in a public place you may find that in the immediate aftermath you are quickly rushed off to a doctors surgery or hospital as appropriate and so unable to report the accident to the relevant authorities. At this point, you will more likely be focusing on getting whatever healthcare you need and could even question why should accidents be reported at all? But making sure that the details of your accident (what the cause was and how you have been injured) are correctly reported or recorded can be invaluable. The consequences of not reporting an accident at work, in a shop or in the street could be that if you later choose to make a personal injury claim you have less evidence of the accident having taken place. As soon as you are able to do so, we recommend that you report the circumstances of your accident to the relevant authorities and recorded in an accident report log or book.
To find out more about how and why you should report being injured in a public place please read on. If you would like to speak to an advisor about potential work accident claims, you can contact Public Interest Lawyers today by calling 0800 408 7825. You can also reach us online using our contact page or live chat service.
Choose A Section
- A Guide To Accident Report Books In A Public Place
- What Is An Accident Report Book?
- What Type Of Accident Or Injury Should Be Recorded?
- Personal Injury Calculator For Accidents Which Have Happened In A Public Place
- Can I Claim For The Financial Effects Of My Accident?
- How An Accident Report Book Entry Can Help Your Case
- When And How Should You Complete An Accident Book In A Public Place?
- When Is An Accident Book Required In The Workplace?
- Do Companies Have To Keep Accident Books In Public Places?
- How Long Do I Have To Report An Accident At Work?
- Procedure For Reporting Accidents And Incidents At Work
- No Accident Report Has Been Made, Could I Still Claim?
- No Win No Fee Claims For Accidents Reported In A Public Place
- How To Claim For Accidents In Public Places
Why should accidents be reported? This is a good question. As a general rule, personal injury lawyers will recommend that accident victims do make sure that their accident and injury are reported at the earliest possible opportunity, this may be before or after seeking medical treatment depending on your injuries. The accident should be reported to the party responsible for the public place where the accident took place. This can be one of the best forms of evidence in your subsequent public injury claim as it provides documentary evidence of where, when and how you were injured.
How to report your accident and who is responsible for filling in an accident book may not always be obvious. If you were injured in a shop, restaurant or another public place you may find that third parties could be less than forthcoming in how to do so. If you have found it difficult to record what happened to you or the accident was not put in the accident book, contact our team for advice.
Accident report books should be kept in all workplaces and may be used in a variety of different public places. Accident report books or logs are an essential way for accidents in public places to be documented accurately and in detail. The accident book is a legal requirement in the UK and employers are legally required to record accidents in the workplace and in some specific cases are required to report certain incidents and injuries in the workplace. The log enables a company to be compliant with requirements set out in health and safety (as well as social security) legislation. This could including being compliant with RIDDOR guidance and reporting such instances.
Effectively, the accident report book shows that an employer or a public place is complying with relevant legislation. If an accident in a public place does happen these records will be used as evidence that the accident took place as claimed and that the injuries were recorded as having been caused in this way. In essence, the book serves as an impartial record of events.
Next, we shall look at different types of accident which have to be reported and recorded. Some accidents do need to be reported and others do not. Which incidents need to be reported are set out in the 1995 Reporting of Injuries, Diseases and Dangerous Occurrences Regulations. These include;
- Injuries which prevent an employee from being able to carry out their usual duties for three days or more.
- Those which are classified as a major injury such as a break to the leg, arm or ribs.
- Fatal accidents.
- Workplace diseases.
- Dangerous instances such as a structure of scaffolding collapse.
Whilst not all instances of an accident or a disease are legally required to be recorded under RIDDOR guidance, we do recommend that all accident at work examples and accidents at public places are recorded. Even reporting a minor accident could help to prevent a larger accident from taking place in the future.
To receive compensation, you need to prove that your injury was a result of negligence. As such, evidence, such as an accident log book, could be crucial during the claims process.
Failing to report what happened in the accident record book could potentially impact your chances of making a successful claim. A lack of this key piece of evidence could see you being offered less compensation as defendants can see it as a sign that the case is too risky to take. Therefore, you need to take your time to complete the accident report book clearly with a date to verify when the incident occurred.
One of the potential head of losses is called general damages. This compensation figure is for the pain and damage suffered due to the actual injury itself. As such, you can claim for both physical and psychological injuries caused by the act of negligence.
The Judicial College Guidelines can give you a better picture of the general damages compensation you could potentially receive. Please understand that these figures are not guaranteed as every claim is different. These figures have been taken from the latest guidelines, published in 2022.
|Type of Injury||Category||Bracket of Compensation||Injury Details|
|Leg||Severe (i)||£96,250 to £135,920||This bracket is for the most serious leg injuries that are short of amputation.|
|Leg||Severe (ii)||£54,830 to £87,890||These injuries are very serious in nature leading to symptoms including permanent mobility problems.|
|Leg||Severe (iii)||£39,200 to £54,830||Serious compound fractures that cause prolonged treatment, scarring that is extensive and instability.|
|Hand||(b)||£55,820 to £84,570||This injury has caused serious damage to both hands, leading to a loss of function that is significant.|
|Back||Severe (iii)||£38,780 to £69,730||Cases of disc fractures or soft tissue injuries that cause conditions of a chronic nature.|
|Pelvis and Hips||Severe (iii)||£39,170 to £52,500||Injuries that fall into this bracket include an acetabulum fracture that causes degenerative changes.|
|Pelvis and Hips||Moderate (ii)||£12,590 to £26,590||Surgery, such as a hip replacement, may be required.|
|Wrist||(b)||£24,500 to £39,170||Permanent, significant disability has been created to the wrist. However, some useful movement remains.|
|Wrist||(e)||In the region of £7,430||A Colles’ fracture that is uncomplicated in nature.|
|Elbow||Moderate or Minor||Up to £12,590||Most elbow injuries, such as lacerations and tennis elbow syndrome, fall into this bracket.|
You may also be able to claim for special damages. Special damages relate to the losses that you’ve suffered financially because of the injury. Losses you may be able to claim for include care costs, travel expenses, medical expenses and loss of earnings. You would need sufficient evidence to claim for this, such as bank statements, invoices and receipts.
If you have more questions about the importance of an accident report book or would like to see if you can claim, contact us for free today using the details above.
The simplest answer to this is to say yes, you could be able to claim compensatory damages for a variety of different financial impacts of your accident or injury. As we have already discussed above, the purpose of damages awarded to you is to ensure that you are in the broadly same position you were in before the accident. As such you could claim compensation for things such as:
- Out of pocket expenses and damage to your personal property.
- Travel expenses related to attending medical treatment for your injuries.
- Various medical expenses, such as the cost of treatment or medication.
- Care expenses, such as the cost of care in the home provided by a professional, or to compensate a friend or family member for lost income.
- Any costs related to adapting your home or your vehicle if necessary as a result of your accident and injuries.
If you have had to meet out-of-pocket expenses because of your accident, we do recommend that you keep a record of these expenses, such as keeping receipts, invoices or bank statements.
If you have to fill in a report for an accident book at work, the entry should describe in detail how the accident occurred. This means that the entry should include where, when and how the accident happened. It should also clarify the number of injuries sustained and how exactly the injuries were caused. Information in accident books should be kept private to ensure GDPR compliance.
Ultimately, the accident book serves two main purposes:
- Firstly, it is used as an official record of the accident. What should be recorded in an accident book, such as the details listed above, make it a useful record of the incident as it can be used as evidence should you wish to claim.
- Secondly, due to it illustrating how accidents occur, it can also be used as a record to highlight potential risks so that similar accidents do not happen in the future.
Accident books are useful because they are an official record of the accident itself. This means that it can be helpful when attempting to prove that your injury was a result of third-party negligence. To receive compensation, you need sufficient evidence and an entry in an accident book can be useful when attempting to build a case.
One important question you may have is how do I report an accident at work? The best and simplest way to do so is to contact your employer or the relevant person at your company and ask to fill out an accident report. A report or record should be made in the accident report book or log at the earliest possible opportunity after the accident has happened.
If you had an accident at work but didn’t report it as yet, you need to do so as soon as possible, especially if you were injured in the workplace. People are required to inform an employer of an accident and of being hurt as soon as possible. If they can not do so because of their level of injury and are unable to work for more than seven days because of how you were hurt, the employer has to report the accident.
Who Can Fill Out An Accident Book?
The accident book can be filled in by any employee within a workplace. In fact, an employee who was injured in a work accident could be the one to fill out the accident book. This may not be possible though depending on how severe the employee’s injuries are. Therefore, a colleague may make a report in the book on the injured party’s behalf. Ultimately, the accuracy and detail of the accident report is more important than which employee in the workplace fills it out.
Those looking to understand more about accident books may have questions such as when they are needed, where they should be kept and how long should reports be kept for. Any company which employs ten or more people is legally required to keep a workplace accident report book present on site. This is a requirement under certain legislation including The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 and The Social Security (Claims and Payments) Regulations 1979.
The employer is legally required to safely keep information in the accident book for a three year period. It should be kept in a safe location where the information is kept secure.
If a company has ten or more employees or if the company owns or occupies a mine, factory or a quarry, there is a legal requirement to have an accident book in public places. This requirement is set out in the Social Security (Claims and Payments) Regulations 1979.
However, even if an employer does not meet these criteria, or if they are a public place which does not have a requirement under this act to retain and record information, they must still make sure to record and report any incidents which fall under the RIDDOR as looked at above. A full list of reportable incidents can be found on the HSE website.
If you have been hurt in a public place, such as at work, you could reasonably ask how long do I have to report an accident at work? The responsible party, such as an employer, should be informed of any accident in which you were hurt as soon as you can after the incident happening. This is the same for whether you were hurt in a minor or a severe way.
If you do choose to make a public injury claim you should be aware of the associated personal injury claims time limit within which you can do so. Whilst there are exceptions to this, in general, there is a three-year time limit within which you can make your claim. This three year period begins from the date of the incident or the date from which you discovered your injury. The record in the accident book could serve as evidence of this date. As such, we recommend that you record your accident as soon as possible and begin a claim at your earliest possible opportunity.
To prevent an accident book in public places being misused there are procedures which you should follow when you file your report. Reporting accidents and incidents at work should be done straight away. If you were unable to do so immediately, you should do so as soon as you can. As the injured party, you should be shown the report as it is filled in and once it is completed. If you are happy that the information has been recorded correctly, you should then confirm this.
As personal injury claims or claims against public liability insurance have to be filed within a three year period, records contained in accident books in public places must be kept for at least a corresponding period of time. This is to ensure the evidence is available to someone if they choose to file a claim within this period.
There could be different reasons for why your accident has not been reported. It could be that your injuries required immediate medical attention after which making a report was simply forgotten. It could also be that for one reason or another there is no accident book at work. It could also be that the public place is deliberately attempting to prevent a record being made.
Whatever the reason that there was no accident report book available or that a record was not made, this should not affect your ability to make a claim. You could still be able to make a claim based on other evidence, such as any medical evidence or witness statements. Having a record of your incident does however make the claims process easier to do.
No win no fee agreements are designed to help people to claim compensation and to seek justice without having to worry about having to afford the fees and costs associated with doing so. The agreement means that if your claim fails to be awarded compensation, there will be nothing for you to pay. Conversely, if you do win, the legal fees (agreed in advance) can simply be deducted from the settlement.
Remember, if you do wish to make a public accident claim that you need to do so within a strict period of time. As such, you need to ensure that you do begin the claims process within this time limit and do so as soon as you can after the incident has happened.
Personal injury and public liability claims could be complicated to conduct at times. As such, we always advise that people do so by using a competent personal injury lawyer. Ensure that you do contact our team to be connected with a personal injury lawyer who is experienced in your type of claim. You can contact our team by clicking contact us above and filling in the contact form.
If after reading our guide article looking at the role of an accident book in public places and personal injury claims, you still have questions or wish to find out more, you can see additional information in these resources from our site and the Health and Safety Executive.
Public Accident Claims Hot Spots
In this article, we look at potential hot spots where accidents in a public place could happen, and what you could do if they do.
Who Should You Report An Accident To?
The RIDDOR is a way of documenting accidents and injuries with the Health and Safety Executive
Further Information On Accident Report Books
This article from the HSE looks more at accident report books and how to order them.