When a company faces liquidation, employees may grapple with uncertainty regarding their rights, especially concerning work injury claims. The question arises: Can you still claim compensation for work-related injuries even if your employer has gone into liquidation? This article delves into the intricacies of work injury claims during company liquidation, addressing crucial aspects such as the validity of claims, statistics, recovery processes, compensation amounts, and more.

Do I Have a Valid Claim?

Determining the validity of a work injury claim in the context of company liquidation is a critical first step. Generally, employees may have a valid claim if they suffered injuries due to their employer’s negligence, even if the company has ceased trading. The key factors to assess include:

  1. Duty of Care: Employers have a legal obligation to ensure a safe working environment. If an injury occurred due to a breach of this duty, it may establish grounds for a claim.


  2. Evidence of Negligence: Providing evidence that illustrates how the employer failed to uphold safety standards is vital. This can include accident reports, photographs of the scene, or witness statements.


  3. Causation: It’s essential to demonstrate a direct link between the employer’s negligence and the injury sustained. This often requires a thorough investigation to substantiate your claim.


  4. Claiming Against the Employer’s Insurance: Even if a company is in liquidation, work injury claims might be directed towards the employer’s liability insurance, which could still be active. Consulting with a personal injury solicitor who specializes in these cases can provide clarity on available avenues.


Statistics For Personal Injury Claims In The UK

In the year 2022/23, 68 members of the public were killed in work-related accidents in the UK 1. Over the long term, the rate of fatal injury to workers showed a downward trend, although in the recent years prior to the coronavirus pandemic, the rate had been broadly flat. The current rate is similar to pre-pandemic levels 1.

In terms of non-fatal injuries, according to self-reports from the Labour Force Survey in 2022/23, 561,000 workers sustained a non-fatal injury 5. Furthermore, 60,645 employee non-fatal injuries were reported by employers in the same period (RIDDOR) 5. Prior to the coronavirus pandemic, both the rate of self-reported non-fatal injury to workers and the rate of non-fatal injury to employees reported by employers showed a downward trend. The current rates are similar to the 2018/19 pre-coronavirus levels 5.

These statistics are crucial for understanding the state of workplace safety in the UK. They highlight the importance of implementing robust safety measures and enforcing stringent regulations to prevent workplace accidents and injuries.

Fatal Injuries

Over the long-term, the number of fatal injuries to employees has substantially reduced. For instance, in 2022/23, there were 68 fatal injuries among workers 1. The main types of fatal accidents included falls from a height (40 incidents), being struck by a moving object (29 incidents), and being struck by a moving vehicle (20 incidents) 1.

Non-fatal Injuries

On the other hand, non-fatal injuries have seen a significant decrease over the years. According to the Labour Force Survey in 2022/23, 561,000 workers sustained a non-fatal injury . Furthermore, 60,645 employee non-fatal injuries were reported by employers in the same period.

Work-Related Illness

As for work-related illness, the rate of total self-reported work-related ill health (including both new and long-standing cases) has declined from the level seen in the 1990s. However, the rate of self-reported work-related stress, depression, or anxiety had shown signs of increasing in the recent years prior to the coronavirus pandemic .

In 2022/23, the rate of total self-reported work-related illness was higher than the 2018/19 pre-coronavirus level, driven by a higher rate of self-reported work-related stress, depression, or anxiety. For self-reported work-related musculoskeletal disorders, the rate in 2022/23 was similar to the 2018/19 pre-coronavirus level 2.

Comparison with Previous Years

To compare these statistics with previous years, we can refer to the Health and Safety Executive’s report on workplace injury for 2020/2021. In this period, a total of 441,000 working people sustained an injury at work, and 142 workers were killed at work 5.

These statistics show a clear downward trend in fatal injuries and non-fatal injuries over the years. However, the rise in work-related stress, depression, and anxiety indicates that there is still room for improvement in managing mental health in the workplace.

How To Recover Following an Accident

Recovering from a workplace accident is not just a physical journey; it encompasses emotional and financial aspects as well. Here are essential steps to enhance your recovery process:

  1. Seek Immediate Medical Attention: Prioritize your health by consulting a healthcare professional as soon as possible. Prompt medical attention not only aids recovery but also creates documented evidence of your injuries.


  2. Follow Treatment Plans: Adhering to prescribed treatment plans is crucial. Whether it involves physical therapy or medication, following through can facilitate recovery and strengthen your claim.


  3. Document Everything: Keep meticulous records of medical appointments, treatments, and any changes in your condition. This documentation can play a pivotal role in substantiating your claim.


  4. Emotional Support: The psychological impact of an accident can be profound. Engaging with friends, family, or support groups can provide emotional relief during a challenging time.


  5. Contact a Personal Injury Lawyer: Engaging with a solicitor specializing in work injury claims can guide you through the legal complexities and help you understand your rights, especially in the face of company liquidation.


Average Compensation Payout Amounts

The amount of compensation awarded in personal injury claims varies widely based on the severity of injuries and their impact on the victim’s life. While each case is unique, average compensation amounts can provide a general framework:

  • Minor Injuries: For injuries such as sprains or mild fractures, compensation typically ranges from £1,000 to £5,000.


  • Moderate Injuries: Injuries causing significant pain or temporary disability can yield compensation between £5,000 and £20,000.


  • Severe Injuries: Serious injuries requiring extensive treatment or resulting in long-term impact may lead to compensation awards ranging from £20,000 to several hundred thousand pounds.


  • Catastrophic Injuries: In cases involving life-altering injuries, such as traumatic brain or spinal injuries, compensation can exceed £1 million, accounting for lifelong medical care and loss of future earnings.


Consulting a personal injury solicitor can provide a more tailored estimate based on the specifics of your case.

Case Study Examples

Examining real-life case studies can illuminate the potential outcomes of work injury claims, particularly in the context of company liquidation.

Example 1: Construction Accident
 In a hypothetical scenario, a construction worker named Mark sustained serious injuries after a scaffolding collapse, attributed to unsafe practices by the employer. Even after the company entered liquidation, Mark successfully claimed compensation through its liability insurance, covering his medical expenses and lost wages.

Example 2: Office Injury
 Sarah, an office worker, suffered a repetitive strain injury due to inadequate ergonomic equipment provided by her employer. Following the company’s liquidation, Sarah pursued her claim, demonstrating negligence in workplace safety standards. Her claim was backed by evidence from medical professionals, resulting in a compensation settlement that addressed her pain and loss of income.

Understanding Liability in Injury Claims

Liability is a cornerstone in personal injury claims. Establishing who is at fault is crucial in determining the outcome of your claim. In cases of company liquidation, liability might extend beyond the employer, potentially including:

  • Insurance Companies: Often, claims are filed against employer liability insurance, which may still be in effect despite the company’s financial status.


  • Third Parties: If a third party contributed to the accident, they may also be held liable, presenting another avenue for compensation.


Understanding the nuances of liability can significantly influence the strategy pursued in your claim.

Seeking Immediate Medical Attention After an Accident

The importance of seeking immediate medical attention after an accident cannot be overstated. Not only does this ensure your health and well-being but it also serves as critical documentation for your injury claim. Medical records will provide a timeline of your injuries, treatments, and progress, which can be invaluable when establishing the link between the accident and your condition.

Time Limits for Making an Injury Claim

In the UK, time limits for making personal injury claims are typically set at three years from the date of the accident or from the date you became aware of your injury. It is essential to act promptly; delays can jeopardize your ability to claim compensation. Consulting a solicitor early in the process can help ensure that all deadlines are met, maximizing your chances of a successful claim.

The Role of Expert Witnesses in Injury Claims

Expert witnesses can play a critical role in substantiating personal injury claims. They can provide professional opinions on various aspects of your case, such as:

  • Medical Experts: They assess the medical implications of your injuries and the necessary treatments.


  • Safety Experts: Their input can clarify safety regulations and standards that were breached.


  • Financial Experts: They can evaluate the financial impact of your injury, including lost earnings and future earning potential.


Engaging expert witnesses adds credibility to your claim and can significantly enhance your chances of receiving fair compensation.

Understanding Contributory Negligence

Contributory negligence refers to situations where the injured party may have played a role in causing their injury. In the UK, if a claimant is found partially at fault, their compensation may be reduced proportionately. It is crucial to understand how this concept applies to your case, as it can influence the overall compensation awarded.

Work Injury Claims

Frequently Asked Questions

As you navigate the complexities of personal injury claims in UK, it’s natural to have questions. Below are some of the most frequently asked questions regarding personal injury claims, with detailed answers to help you better understand the process.

What is the first step I should take after an accident?

The first and foremost step you should take after an accident is to seek immediate medical attention. Regardless of how minor your injuries may seem, getting a professional medical evaluation is essential. This not only ensures your health and safety but also generates crucial medical documentation that can substantiate your personal injury claim. After addressing your health needs, collect evidence from the scene, including photographs, witness statements, and any relevant documents.

How long do I have to file a personal injury claim?

In the UK, the general rule is that you have three years from the date of the accident to file a personal injury claim. However, there are exceptions. For instance, if the injured party is a minor, the time limit may be extended until they turn 18. Additionally, if injuries are not immediately apparent, the time limit may begin from the date you became aware of the injury. It is crucial to consult with a solicitor as soon as possible to ensure you adhere to the relevant timelines.

Will I have to go to court for my claim?

Most personal injury claims are settled out of court through negotiations between your solicitor and the insurance company. In fact, approximately 90% of cases are resolved without the need for a court appearance. However, if negotiations fail and a fair settlement cannot be reached, your solicitor may recommend proceeding to court. Having a knowledgeable solicitor by your side can significantly influence the outcome, whether you settle or go to trial.

What costs will I incur during the claims process?

One of the significant advantages of engaging a no win no fee solicitor is that you typically will not incur upfront costs. You only pay your solicitor’s fees if your claim is successful. However, there may still be other costs associated with your claim, such as medical report fees or court fees if your case goes to trial. It’s essential to discuss potential costs with your solicitor upfront to fully understand any financial implications.

How is compensation calculated in personal injury claims?

Compensation in personal injury claims is usually divided into two components: general damages and special damages. General damages compensate for pain and suffering, loss of enjoyment of life, and emotional distress, while special damages cover quantifiable financial losses, such as medical bills, lost wages, and rehabilitation costs. The calculation of compensation can vary significantly based on the severity of your injuries, the impact on your daily life, and the evidence presented in your case. Experienced solicitors will evaluate these factors meticulously to ensure you receive fair compensation.

What should I do if the insurance company offers me a settlement?

If the insurance company offers you a settlement, it is crucial to consult your solicitor before accepting it. Initial offers are often lower than what you may be entitled to, and accepting the offer prematurely can limit your ability to claim further compensation later. Your solicitor can help assess the offer against the potential value of your case, ensuring that you make an informed decision that reflects the true extent of your injuries and losses.

Can I claim for psychological injuries?

Yes, psychological injuries can be included in your personal injury claim. Emotional distress, anxiety, depression, and other psychological impacts stemming from an accident are recognized as legitimate injuries under UK law. However, providing robust evidence, such as medical records or expert testimonies, is essential to substantiate claims for psychological injuries. Your solicitor can guide you through the process of documenting these aspects effectively.

How do I choose the right personal injury solicitor?

Choosing the right personal injury solicitor is a critical step in ensuring the success of your claim. Look for solicitors who specialize in personal injury law and have a proven track record of successful cases. Reading client reviews and testimonials can provide insight into their reputation and effectiveness. Additionally, a good solicitor should be open to discussing their fees, the claims process, and your specific case details, allowing you to feel confident in their ability to represent your interests.

By addressing these frequently asked questions, we hope to provide you with a clearer understanding of the personal injury claims process in UK. Engaging with a knowledgeable solicitor can help you navigate these complexities and ensure that you receive the compensation you deserve for your injuries.