Evidence for an Accident at Work Claim: A Practical Guide

Strong evidence is the foundation of a successful accident at work claim. You do not need to have everything on this list before speaking to a solicitor — your legal adviser will help you identify and gather what is available.

The Accident Book

Ask for a copy of your accident report as soon as possible. You are entitled to a copy. If the accident was not recorded, this is not necessarily fatal to your claim — but your solicitor needs to know.

Photographs

If it is safe to do so, photograph the scene, the hazard, and any visible injuries. Do this as soon as possible — hazards may be removed quickly. Timestamped photographs are particularly useful.

CCTV Footage

CCTV is an objective record of the hazard and exactly how the accident happened, and where liability is disputed it can be decisive. But many workplace systems overwrite footage automatically within a few days to a few weeks, so act quickly:

• Ask your employer in writing (an email is enough) to preserve footage covering the time and place of your accident — ideally within days
• Name the cameras that cover the area if you know them, so the request is not read too narrowly
• Keep a copy of your request and any reply

Footage showing you is your personal data, so you can also request it under UK GDPR. A solicitor instructed early will send a formal preservation request as one of the first steps. If your employer says there is no footage or refuses to hand it over, formal requests and — once a claim is issued — court disclosure orders are available. And many claims succeed with no CCTV at all.

Witnesses

Note the names and contact details of anyone who saw the accident or was present shortly afterwards. Witness evidence can be critical if liability is disputed.

What if nobody saw the accident?

You can still claim. A civil claim is decided on the balance of probabilities — whether your account is more likely than not — and many successful claims involve lone workers or accidents nobody else saw. Without an eyewitness, the case is built from the accident book, CCTV, photographs, maintenance and inspection logs, risk assessments and training records, your medical notes, colleagues who saw the aftermath or the hazard beforehand, and messages you sent soon afterwards to a manager or family member. Consistency matters most: give the same account in the accident book, to your GP and to your solicitor, do not exaggerate, and say when you are unsure of a detail.

Medical Records

Records of GP consultations, hospital attendances, and specialist appointments all help establish the nature and extent of your injuries. They show when you first sought treatment, what was diagnosed, and how your recovery progressed. Tell every clinician the injury happened at work.

• You can request your own records from your GP practice or hospital trust with a UK GDPR subject access request. The first copy is generally free and the provider should normally respond within one month.
• Once instructed, your solicitor will usually request them for you with your written consent.
• Records from shortly before the accident through to recovery are normally enough. A longer period may be needed if the accident aggravated a pre-existing condition or the condition developed gradually.
• Unrelated entries in your records generally play no part in the claim; raise anything you are unsure about with your solicitor.

These treatment records are used alongside the formal independent medical report your solicitor arranges — see the independent medical examination.

RIDDOR Report

If your accident was reportable under RIDDOR, your solicitor can obtain a copy of the report from the HSE.

Risk Assessments and Training Records

You are entitled to request copies of risk assessments relevant to your work tasks. Training records showing whether you received adequate instruction are also important.

Pay Slips and Expenses Receipts

Wage slips are needed to calculate lost earnings. Keep receipts for all out-of-pocket expenses from your injury — travel, prescriptions, equipment, and so on.

What If Your Employer Won't Provide Documents?

Do not be deterred. Your solicitor can make formal legal requests and, if necessary, apply to the court for disclosure. The UK GDPR also gives you rights to access personal data including accident records.