Can I claim work injury compensation if there were no witnesses?

Updated: 3 Oct, 2025
By Chris Salmon

You can usually still make a work injury claim even if there were no witnesses to your accident. While witness statements can be useful evidence, claims are not dependent on them. Other types of evidence can often be used to prove your case.

Duty of care

Employers have a legal duty of care to protect employees from harm. This means they must identify risks in the workplace and take reasonable steps to prevent accidents. If your employer breached this duty and you were injured as a result, you may be entitled to compensation – whether or not there were witnesses present.

Who can act as a witness?

A witness does not always have to be someone who directly saw the accident happen. They could be:

  • Independent witnesses – bystanders, contractors, or members of the public with no connection to you
  • Colleagues – who saw the accident or are aware of unsafe practices
  • Exposure witnesses – in cases of long-term hazards (like asbestos or noise), co-workers who shared similar conditions
  • Impact witnesses – family or friends who can describe how the injury has affected your daily life

Claims can still succeed without witnesses. Report your injury, photograph the scene and injuries, and ask for any CCTV. Simple, consistent evidence can be enough.

John Kushnick

Legal Operations Director
National Accident Law

What if no one witnessed the accident?

If there were no direct eyewitnesses, your claim can still be supported by other forms of evidence. For example:

  • Photographs of the accident scene and your injuries
  • CCTV footage from the workplace
  • Entries in the accident book
  • Medical reports linking your injury to the accident
  • Health and safety records or risk assessments showing unsafe conditions
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The balance of probabilities

Personal injury claims are decided on the balance of probabilities. This means the court will consider whether your account of events is more likely than your employer’s version. Even a slight balance in your favour – such as 51% to 49% – is enough for your claim to succeed.

Independent medical evidence and expert reports can be just as persuasive as witness statements in establishing what happened and how your injuries were caused.

What if a witness refuses to give evidence?

Sometimes witnesses are reluctant to come forward, especially colleagues worried about their job. Your solicitor can reassure them that employers cannot legally discriminate against witnesses. In most cases, a written statement is sufficient and very few claims ever reach court (around 1%).

See also: What happens if my injury claim goes to court?

Key takeaway

A lack of witnesses should not deter you from making a claim. With the right medical records, accident reports, and supporting evidence, you can still build a strong case and secure the compensation you are entitled to.

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About the author

Chris Salmon is a legal commentator and co-founder of Quittance Legal Services. He has written extensively about workplace accidents, employment rights and the claims process. Chris's work has been cited in national media and he regularly contributes practical guidance to help injured workers understand their options.

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Last reviewed October 2025 by Chris Salmon