If you are unfortunate enough to be involved in accident – whether at work, in the street, even on the roads – make sure what happened is recorded properly. It can often be the difference between proving your case or not, if you bring a claim.
Too often we see cases that cannot succeed because the paperwork created at the time of the accident does not describe things as they actually happened, and it then becomes impossible to prove it.
By example, Mr S slipped on a substance on the floor at work. It should not have been there, and it was his employer’s fault that it was. However when he filled in the accident report he simple put hat he had fallen, not why. No mention of slipping in the substance.
When his claim was put, the employer denied there was anything on the floor. There were no witnesses, and no way by which he could prove it other than his word.
The problem there is that courts place a lot of importance on the content of contemporaneous records. The court would expect the record to be accurate and for the reason for the slip to be recorded.
Sometimes it just is not possible to record it at the time. You might be refused access to the accident book, or your employer’s procedures may not allow you to complete it yourself. If so, there is nothing wrong with sending an email or letter following the accident setting out what happened. That way there is an accurate record from the time that can be referred back to if needed.
Don’t forget that as time passes people remember things differently and memories fade. And, you cannot always rely on people being accurate in how they say something happened.
If you have been involved in an accident you might be entitled to compensation. Contact Andrew Marsden on 01924 473065, [email protected] or via our livechat to find out. Initial advice is free and we should be able to help you by way of no win no fee.