Written by Rick Gregory, Editorial Lead · Legal information checked in collaboration with Edward & Amaury Solicitors (SRA 800525) · September 2026 · ~4 min read
WorkClaim UK is a trading name of Edward and Amaury Limited (Edward & Amaury Solicitors), authorised and regulated by the Solicitors Regulation Authority (SRA 800525).
Quick Summary
- Having no witnesses does not stop you claiming compensation for an accident at work
- You must show it is more likely than not that your employer breached a duty and that this caused your injury
- Records, photographs, CCTV, maintenance and training documents and medical notes can prove a case without an eyewitness
- Your own prompt, consistent account matters, so report the accident and write down what happened as soon as you can
- This guide covers England and Wales
Do I need a witness to claim?
No. The standard of proof in a civil claim is the balance of probabilities, meaning more likely than not. Witnesses are helpful, but they are only one type of evidence. Many successful claims involve lone workers or accidents that happened when nobody was looking.
What can prove what happened?
- The accident book. Employers must keep a record of accidents. A prompt entry in your own words supports your account. See our guide on requesting an accident book entry
- CCTV. Footage is often overwritten quickly, so ask for it to be kept. See why CCTV matters
- Photographs and video of the place, the equipment and your injury
- Employer records: risk assessments, inspection and maintenance logs, training records and any RIDDOR report
- Medical records showing when you first sought treatment and what you told the clinician. See our guide to getting your medical records
- Colleagues who saw the aftermath, such as who helped you, called a first aider or saw the hazard earlier
- Messages you sent soon afterwards, for example to a manager or family member
Our evidence guide has a fuller checklist.
How do I get documents from my employer?
Under the Pre-Action Protocol for Personal Injury Claims, your solicitor can ask the employer for relevant documents before proceedings start. If they are not provided, a court can be asked to order pre-action disclosure in appropriate cases.
What if my employer says I made it up?
Consistency is key. Keep your account the same in the accident book, to your GP and to your solicitor. Do not exaggerate, and say if you are unsure of details. If your employer alleges it was your fault, see our guide on what to do if the employer says the accident was your fault.
Frequently asked questions
What should I do first if nobody saw my accident?
Get medical help, report the accident and ask that it is recorded, photograph the scene, and write down a timeline while it is fresh.
Can I claim if the accident happened while I was working alone?
Yes. Employers must assess the risks of lone working. See our guide to lone working accidents.
Does a delay in reporting harm my claim?
It can make things harder, because evidence may be lost and the other side may question the account. It does not prevent a claim, but report as soon as you can.
What evidence can support my claim if there were no witnesses?
Medical records, an accident-book entry, CCTV, photographs, messages and records showing where you were working can all help. A solicitor can assess the evidence as a whole; no single item has to prove every part of the claim.
Can my employer delete CCTV after an accident?
Footage may be overwritten if it is not preserved, so ask in writing for it to be kept as soon as possible. Keep a copy of your request and note the cameras that may have recorded the area.
Worried you cannot prove what happened?
A specialist solicitor can review the evidence available and tell you honestly whether a claim is worth pursuing.
Or call 01228 272395 to speak to Edward & Amaury Solicitors (SRA number: 800525). No upfront cost and nothing to pay if your claim does not succeed.