How to gather evidence after a work accident

Good evidence can make the difference between a successful work accident claim and a rejected one. This guide explains what to record, how to collect it, and why keeping clear records will strengthen your case.
At a glance
- Medical evidence and witness statements are required under the Pre-Action Protocol for Personal Injury Claims (Source: Ministry of Justice)
- Good evidence strengthens your claim and helps prove liability.
- Key evidence includes accident book entries, medical records, witness statements and photographs.
- Keep receipts and records of expenses to claim special damages.
- Your solicitor can help obtain further evidence, such as CCTV or workplace policies.
Why evidence matters
To succeed in a work injury claim, you must show that your employer or another party breached their duty of care and that this breach caused your injury. Gathering evidence early will make your claim stronger and reduce the chance of disputes. Courts, insurers and tribunals rely on documentary evidence, not just personal accounts.
Types of evidence to collect
Evidence can come from many sources. The following are the most important:
- Accident book entry: Every workplace with 10 or more employees must keep an accident book. Check your accident is recorded correctly.
- Medical records: Visit a GP or hospital promptly. Medical notes confirm your injury and treatment timeline. See: NHS: View your GP health record.
- Witness statements: Ask co-workers or others who saw the accident to write down what happened.
- Photographs and video: Take photos of the accident site, hazards, and your injuries. If CCTV exists, your solicitor can request footage.
- Employer policies and risk assessments: These documents can show whether safety procedures were followed.
Evidence checklist
Evidence | Why it matters | How to obtain |
---|---|---|
Accident book entry | Proves the accident was reported at the time | Ask your employer for a copy |
Medical records | Confirms the nature and severity of your injury | Request from your GP or hospital |
Witness statements | Independent accounts that support your version of events | Ask colleagues to write and sign statements |
Photographs/CCTV | Visual proof of hazards, conditions or injuries | Take photos or ask your solicitor to request CCTV |
Receipts and expenses | Supports claims for lost income and special damages | Keep tickets, invoices and receipts |
Keeping financial records
To claim for lost income, travel costs or medical expenses, you need receipts and payslips. Without this evidence, your compensation for special damages will be reduced. See our guide on keeping records of expenses and losses.
How your solicitor can help
A personal injury solicitor can:
- Request disclosure of workplace documents under legal rules.
- Apply to the court for CCTV footage if your employer refuses to provide it.
- Instruct medical experts to prepare reports on your injury.
- Secure statements from witnesses if you are unable to do so.
Next steps after gathering evidence
Once you have collected initial evidence, speak to a solicitor. They will assess whether the evidence is strong enough to support a claim and explain how it can be used in negotiations or court. Acting quickly is vital as some evidence, like CCTV footage, may be deleted after a short period.
External references
- HSE: RIDDOR - outlines legal duties to report workplace accidents and injuries.
- HSE: Reportable incidents under RIDDOR - details which accidents and injuries must be reported.
- NHS: Getting a fit note - medical evidence often required for accident claims.
- NHS: How to get your medical records - explains how to access GP or hospital records to support your claim.
- Health and Safety at Work etc. Act 1974 - sets out employer duties to maintain safe workplaces.
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.
Last reviewed September 2025 by Chris Salmon
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