How witness evidence is used in workplace injury claims

Updated: 3 Oct, 2025
By Chris Salmon

When you make a workplace injury claim, witness evidence can play an important role. Statements from colleagues, supervisors, or others who saw what happened can help prove how your accident occurred and who was at fault.

At a glance

• Witness evidence can confirm how an accident happened.
• Statements may come from co-workers, contractors, or even members of the public.
• Strong witness evidence can support your solicitor in negotiations with insurers.
• Courts can rely heavily on witness statements if liability is disputed.

Why witness evidence matters

Employers and insurers may dispute how an accident occurred or whether you were partly to blame. Witnesses can provide an independent account that supports your version of events. This evidence is especially valuable if the accident was not captured on CCTV or if records in the accident book are incomplete.

See also: How witness evidence is used in workplace injury claims

Witnesses can often provide a clear account of what happened. Get names and contact details early and ask them to write what they saw. Strong witness evidence will help your claim.

John Kushnick

Legal Operations Director
National Accident Law

Who can provide a witness statement?

• Co-workers: People working nearby often see what happened and can confirm unsafe conditions or lack of training.
• Supervisors or managers: They may have knowledge of previous safety complaints or incidents.
• Contractors or agency staff: Even if they do not work directly for your employer, their statement can still help.
• Members of the public: If your accident was in a public place, passers-by may be able to provide useful evidence.

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How witness evidence is gathered

Your solicitor will usually take responsibility for gathering witness statements. They may:

• Contact colleagues you name as potential witnesses.
• Request written or recorded statements.
• Ask witnesses to sign a formal statement that can be submitted in court if necessary.

Real-world example

A scaffolder fell when a poorly secured platform gave way. His employer initially claimed he had ignored safety rules. Two co-workers gave witness statements confirming the platform was defective and that they had raised concerns before the accident. These statements proved decisive in securing liability against the employer.

Witness evidence in court

If your claim goes to court, the judge will review written witness statements. In some cases, witnesses may be asked to attend court and answer questions. Courts often place significant weight on consistent, independent evidence from witnesses.

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

What if there are no witnesses?

You can still make a claim without witness evidence. Medical records, accident book entries, and expert reports can also be used to prove liability. Witness statements strengthen a case but are not always essential.

Next steps

If you are considering making a claim, think about who was present at the time of your accident. Tell your solicitor as soon as possible so they can contact potential witnesses before memories fade.

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.

More about Chris and WAAC

Last reviewed October 2025 by Chris Salmon

External references

• GOV.UK: Compensation after an accident or injury - provides guidance on the claims process, including the role of evidence such as witness statements in personal injury cases.
• Civil Procedure Rules: Part 32 - outlines the rules for witness evidence, including requirements for written statements in civil claims.
• Acas: Advice on employment law - offers insights on workplace incidents and the importance of documenting evidence, relevant for witness statements in injury claims.
• HSE: Witness statements - explains how witness statements are used in workplace incident investigations, applicable to injury claims.