Can I claim injury compensation if my employer went bust or ceased trading?

Claiming accident at work compensation from an employer is complicated enough, but what can you do if your ex employer is no longer in business?

Do I have a work injury claim?

As a basic rule, you will be eligible to make a work injury claim if you were injured within the last 3 years, as a result of your employer's actions or negligence.

Use our injury claim calculator to find out if you can claim. Alternatively, you can speak to a claims advisor on 0800 376 1001 and find out if you have a claim in minutes.

What if my injury only became apparent years after my accident?

It may be that you only became aware (date of knowledge) of your injury months, or even years after the accident or exposure.

The date of knowledge is the date when you first became aware of that:

• you were injured,
• your injury was significant, and
• your injury was caused by your employer's negligence.

In the context of the 3-year claim limitation period, the date of knowledge is pivotal. The 3-year period within which you must start a compensation claim typically begins from the date of knowledge, rather than from the date of the accident.

Employer's liability insurance

Compensation for most work injury claims is paid by the employer's insurance company. Employers' Liability Insurance (EL) is a legal requirement for all UK employers, and it must providing cover for at least £5 million (source. gov.uk).

EL insurance ensures that employees injured in work-related accidents or by industrial diseases, can claim the compensation they need for their recovery and rehabilitation. It also protects businesses from the financial impact of such claims.

What if my-ex employer has ceased trading?

If your previous employer is no longer in business, you can still claim compensation for an injury that happened while you were working for them. Your employer's insurer will still have to cover the compensation for your injury, even if the business is bankrupt or no longer active.

What if my employer was not insured at the time of my injury?

You can still make a compensation claim if your employer did not hold valid Employers’ Liability Insurance at the time of your accident. Typically, this will mean claiming compensation directly from your employer.

If your employer is no longer in business and also did not have EL insurance, it may still be possible to claim compensation - depending on the structure of the business.

To explore your options, please call us on 0800 376 1001 to discuss your options.

How do I identify my previous employer's insurer?

Your personal injury solicitor will be able to identify your previous employer's insurer through the The Employers' Liability Tracing Office (ELTO).

The ELTO is an independent not-for-profit body set up by the insurance industry. It collates information on Employers' Liability (EL) insurance policies in a central Employers' Liability Database (ELD), so potential claimants can identify an employer's EL insurer.

Read more:

My employer went bust - how can you find their insurer?

What if my employer's insurer has also ceased trading?

If your employer's insurer has also ceased trading, you may still be able to make a work-related injury claim.

In cases where an employer and their insurer have both ceased trading, and no other responsible party can be traced, compensation may still be available through the Financial Services Compensation Scheme (FSCS).

Read more:

Can I claim for an injury if my employer's insurer went bust?

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Citations

Limitation Act 1980

Author:
Gaynor Haliday, Legal researcher

About the author

Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.