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 due to their employer’s negligence. Under UK law, employers have a duty of care to provide a safe working environment, and failure to do so can result in liability claims.
Common reasons for employers’ liability claims include:
- Unsafe working conditions – Poor maintenance, faulty equipment, or lack of protective gear.
- Lack of training – Insufficient safety instruction leading to accidents.
- Workplace injuries – Slips, trips, falls, machinery accidents, or burns.
- Occupational illnesses – Diseases caused by exposure to hazardous substances.
- Stress and mental health issues – Work-related stress due to employer negligence.
If an employer fails to protect employees from harm, they may be liable for compensation.
2. Who Can Make an Employers’ Liability Claim?
You can make a claim if you:
- Are an employee injured at work.
- Work as a contractor or temporary worker but suffered an injury due to employer negligence.
- Developed an occupational disease (e.g., asbestosis, hearing loss).
- Were exposed to unsafe working conditions that led to injury.
Employers must have employers’ liability insurance, which covers compensation claims made by employees.
3. What Compensation Can You Claim?
The amount of compensation depends on the severity of the injury and its financial impact. Claims typically cover:
- General Damages – Compensation for pain, suffering, and loss of quality of life.
- Special Damages – Financial losses, including:
- Medical expenses – Treatment, physiotherapy, and rehabilitation.
- Lost wages – Compensation for time off work.
- Future loss of earnings – If the injury affects long-term work capacity.
- Travel costs – Expenses for medical appointments and treatments.
- Home modifications – If adaptations are needed due to a disability.
Estimated Compensation Amounts
- Minor Work-Related Injury – £1,000 – £5,000
- Fractures or Broken Bones – £5,000 – £50,000
- Back Injuries – £10,000 – £100,000
- Serious Head Injury – £50,000 – £500,000+
- Industrial Diseases (e.g., Mesothelioma) – £100,000+
A solicitor can provide a more accurate estimate based on case details.
4. How to File an Employers’ Liability Claim
To file a successful claim, follow these steps:
- Report the Incident – Notify your employer and ensure it is recorded in the accident book.
- Seek Medical Attention – Obtain medical treatment and keep records.
- Gather Evidence – Take photos, collect witness statements, and retain work-related documents.
- Consult a Solicitor – A workplace injury solicitor will assess your claim.
- File the Claim – Your solicitor will submit it to your employer’s liability insurer.
- Negotiate a Settlement – Most claims are settled out of court, but some may proceed to trial.
A solicitor ensures that your claim is handled professionally and increases the chances of success.
5. How Long Do You Have to File a Claim?
The statute of limitations for employers’ liability claims in the UK is:
- Three years from the date of injury or when the illness was diagnosed.
- Exceptions for industrial diseases – The time limit starts from when the condition was identified.
- For minors – Claims must be made before their 21st birthday.
Failing to file within this period may result in losing the right to compensation.
6. No Win, No Fee Employers’ Liability Claims
Many solicitors offer No Win, No Fee agreements, meaning:
- No upfront legal costs – You only pay if you win.
- Legal fees are deducted from the final compensation.
- Risk-free legal support for injured workers.
This ensures employees can pursue claims without financial risk.
7. What If Your Claim Is Denied?
If your claim is rejected:
- Request a written explanation from the employer’s insurance provider.
- Submit additional evidence such as medical reports and workplace safety records.
- Negotiate further with legal assistance.
- Consider taking the case to court if settlement negotiations fail.
A solicitor can challenge a denied claim and fight for fair compensation.
8. Can You Be Fired for Making an Employers’ Liability Claim?
No, it is illegal for an employer to dismiss or penalize an employee for filing a workplace injury claim. If an employer retaliates, you may have grounds for an unfair dismissal claim.
9. How Long Does an Employers’ Liability Claim Take?
The duration depends on case complexity:
- Simple Cases – Minor injuries with clear liability may settle within 3-6 months.
- Moderate Cases – Cases requiring medical assessments may take 6-12 months.
- Serious Injury Claims – Complex cases can take 12-24 months or longer.
Early legal intervention speeds up the process.
10. How to Maximise Your Compensation
To increase the chances of receiving full compensation:
- Seek medical attention immediately – Delays may weaken your claim.
- Document everything – Keep records of injuries, expenses, and lost income.
- Follow employer reporting procedures – File an official accident report.
- Consult a solicitor – Legal guidance ensures a stronger case.
- Do not accept the first settlement offer – Insurers may undervalue claims.
A structured approach strengthens your case and ensures fair compensation.
Frequently Asked Questions
1. Can I claim if I was partly at fault for my injury?
Yes, compensation may still be awarded but could be reduced based on your level of responsibility.
2. How much compensation can I receive for an employers’ liability claim?
Amounts vary based on injury severity, financial losses, and long-term impact.
3. What if my employer refuses to acknowledge the accident?
A solicitor can help gather evidence and file a claim with the employer’s insurer.
4. Can I claim if my injury developed over time?
Yes, claims for repetitive strain injuries, industrial diseases, or hearing loss are valid.
5. What should I do if my employer pressures me not to file a claim?
Seek legal advice immediately. Employers cannot legally prevent employees from claiming.
6. Do I need a solicitor for an employers’ liability claim?
While not mandatory, legal representation increases your chances of receiving fair compensation.
Conclusion
Filing an employers’ liability claim ensures that workers receive financial compensation for workplace injuries, lost wages, and medical expenses. If an employer fails to maintain a safe working environment, employees have the legal right to claim. Seeking legal assistance improves the chances of a successful claim and ensures fair compensation.