1. What Is an Employers Liability Claim?
An employers liability claim is a legal action taken by an employee who has suffered an injury or illness at work due to their employer’s negligence. It allows injured workers to claim compensation for pain, lost income, and medical costs.
2. What Duties Do Employers Have?
UK employers are legally required to:
- Provide a safe and hazard-free working environment
- Conduct regular risk assessments
- Provide training, supervision, and appropriate PPE
- Maintain machinery and equipment
- Follow health and safety legislation
If they fail to meet these obligations and you get injured as a result, you may have grounds for a claim.
3. Common Types of Employers Liability Claims
You can file a claim for injuries caused by:
- Slips, trips, or falls at work
- Manual handling or lifting injuries
- Accidents involving machinery or vehicles
- Exposure to hazardous substances (e.g., asbestos or chemicals)
- Lack of safety training or protective gear
- Workplace stress or mental health conditions due to unsafe environments
4. Can You Be Fired for Making a Claim?
No. It’s illegal for employers to dismiss or treat you unfairly for making a legitimate employers liability claim. You’re protected by employment and health & safety laws.
5. How Much Compensation Can You Claim?
Compensation includes two parts:
General Damages – For pain, suffering, and loss of amenity:
- Minor injuries (sprains, cuts): £1,000 – £6,000
- Moderate injuries (fractures, recovery): £6,000 – £25,000
- Serious injuries (permanent disability): £25,000 – £300,000+
Special Damages – For financial losses:
- Lost wages (past and future)
- Medical bills and physiotherapy
- Travel costs
- Care or assistance at home
- Home adaptations or mobility aids
6. Time Limits for Making an Employers Liability Claim
You usually have three years from:
- The date of the accident, or
- The date you became aware your condition was work-related
For children or those with mental incapacity, different rules apply.
7. No Win No Fee Employers Liability Claims
Most solicitors offer no win no fee services, meaning:
- No upfront costs
- You only pay if your claim succeeds
- Fees are deducted from compensation (usually capped at 25%)
This removes financial risk and makes legal support accessible.
8. What to Do After a Workplace Injury
- Seek immediate medical attention
- Report the incident to your employer and ensure it’s logged in the accident book
- Gather evidence (photos, witness details, CCTV, medical records)
- Keep receipts for expenses and proof of income loss
- Contact a solicitor specialising in workplace claims
Frequently Asked Questions
Q1: What if the accident was partly my fault?
You can still claim. Your compensation may be reduced based on your share of responsibility.
Q2: Can I claim for stress or mental health conditions?
Yes. Claims for work-related stress, anxiety, or PTSD may be valid if linked to employer negligence.
Q3: Can temporary or agency workers file a claim?
Yes. All employers owe a duty of care to anyone working on their premises.
Q4: Do I need to go to court?
Most employers liability claims settle out of court. A trial is rare and only happens if liability or compensation is disputed.
Q5: What if the employer is uninsured?
Employers must have liability insurance. If not, your solicitor may pursue the claim through the courts or compensation schemes.
Q6: How long does a claim take?
Minor claims may settle in 6–9 months. Complex cases could take 12–24 months or more.
Conclusion
If you’ve been hurt due to unsafe working conditions or employer negligence, you have the right to file an employers liability claim. Compensation can help you recover financially and physically. Acting quickly and consulting a specialist solicitor will give you the best chance of securing a fair payout and holding your employer accountable.
Leave a Reply