If you were injured in an accident at work and the company, business or owner is no longer trading, you may still be able to claim compensation although it would be a more complex legal process than if your employer was still in business and trading. There are several factors to consider when claiming compensation for a workplace injury from an employer who is no longer trading and this includes how the business was wound up.
To find out more on whether you can still claim compensation for an injury sustained in an accident at work from an employer who is going into liquidation or who has dissolved the company, please read on.
- I Was Injured at Work and the Company has Ceased Trading, Can I Claim Personal Injury Compensation?
- If My Employer Was a Sole Trader, Can I File a Work-related Personal Injury Claim?
- What Does a Company in Liquidation Mean?
- What is a Dissolved Company?
- What Should I Do If Injured in an Accident at Work and the Company Has Ceased Trading?
- What Should I Do When Claiming Personal Injury Against a Company That Has Gone into Administration?
- What Should I Do When Claiming Compensation Against a Company in Voluntary Liquidation
- What I Include in a Claim Against an Employer Who is No Longer Trading?
- How Do I Start a Personal Injury Claim Against an Employer in Liquidation?
- Getting Help From a Personal Injury Solicitor Against an Employer Who has Ceased Trading or Gone into Liquidation
- Informative Links
I Was Injured at Work and the Company has Ceased Trading, Can I Claim Personal Injury Compensation?
If you were injured in an accident at work and the company, business or the employer has gone into liquidation, or they have ceased trading, or they have dissolved the company, business, organisation, you may still be able to file an accident at work claim against the employer. The process would be more complicated because it may prove more challenging when it comes to tracking down an employer which is especially true where companies are concerned. Another factor that would have a bearing on your ability to seek compensation from the employer would be how they wound up the business which is explained below:
- If the company you worked for at the time you were injured in accident at work has ceased trading, it may prove virtually impossible or extremely hard to file an accident at work claim and as such, the best course of action is to contact a solicitor at accidentclaims.co.uk who would quickly assess whether you could successfully sue an employer (third party) because without essential legal advice, the chances of success would be extremely low
- If the company that you worked for when you suffered workplace injuries has gone into liquidation and there exists a framework which has been put in place, you stand a much better chance of successfully seeking compensation for the injuries you suffered. However, you should still seek the advice from a legal expert before filing a personal injury claim against an employer
With this said, if you are unsure of the situation relating to how the business ceased trading, you should discuss your case with an accident at work solicitor who would offer you a no obligation, initial consultation for which there would be no charge. This allows the solicitor to assess whether the chances of filing a successful personal injury claim are high or if it would be nigh on impossible to seek compensation from the employer.
If My Employer Was a Sole Trader, Can I File a Work-related Personal Injury Claim?
If you suffered an injury in a workplace accident for which you were not responsible and you were working for a sole trader who is no longer in business, you could be entitled to seek compensation for damages by filing a personal injury claim against them. In order to seek compensation, it is best to contact a legal expert who would offer vital assistance on what would be required to support your claim and which could increase your chances of success.
What Does a Company in Liquidation Mean?
When an employer whose business or company goes into liquidation, it refers to the fact that the business or company is no longer deemed to be a viable concern financially. Because of this, a decision was made to wind up the business in as responsible a manner as feasibly possible. This would entail the following:
- Pursuing debtors for any money that is still owed
- Repaying creditors the money that is owed them as much as possible
If you want to pursue an employer whose company or business has gone into liquidation for compensation for a workplace injury you suffered, the chances of success are less than if the employer was still trading.
What is a Dissolved Company?
A company that has been dissolved, the business ceases trading and has filed for what is known as “dissolution”. This is an official process that is done through Companies House and the government would be informed that the company you worked for has ceased trading. A company that has been dissolved would set in place provisions to liquidate all of its assets so that creditors can be paid as much as possible.
What Should I Do If Injured in an Accident at Work and the Company Has Ceased Trading?
If the company you worked for at the time you suffered an injury in a workplace accident has ceased trading and you would like to know whether you could still be entitled to seek compensation, you should contact a personal injury solicitor at www.accidentclaims.co.uk who would assess whether your case could be upheld and whether the employer/company may be able to disburse their debts and/or fulfil its corporate duties. If the company cannot, it may prove a lot more challenging when it comes to successfully seeking compensation from the employer for injuries sustained in an accident at work.
A personal injury lawyer would investigate as to whether the company you worked for had liability insurance in place when you were injured and if this proves to be the case, you could still file for compensation from the company’s insurance provider. As such, you would need to provide the solicitor you contact with the following information:
- A detailed report of when and where the workplace accident that left you incurred occurred
- The employer’s contact details and the name of the company and their liability insurance provider
- The name of the official liquidator if the employer went into liquidation
- A detailed report of your financial losses which must be directly linked to the workplace injuries you sustained
- A medical report detailing the workplace injuries you sustained which should include even minor symptoms
The more information you can provide a solicitor, the stronger your case against an employer who is no longer in business would be and the more chance there would be of you receiving compensation for the workplace injuries you suffered through no fault of your own.
What Should I Do When Claiming Personal Injury Against a Company That Has Gone into Administration?
Filing for compensation from a company that has gone into administration can prove a lot more challenging and complex although if there is an official administrator, you could still be able to file for compensation for the workplace injuries you suffered bearing in mind that it is a lot easier to file a successful accident at work claim against an employer who is still in business.
Because there is a strict 3 year time limit to filing a personal injury claim against a third party – in this instance, an employer who is no longer in business – it is best to talk to a legal expert sooner rather than later because gathering all the evidence and related information can take more time than initially anticipated. When a personal injury lawyer acts on your behalf, they would assess to main facts regarding your case which are as follows:
- Whether the company you worked for at the time of your injury had in place valid liability insurance at the time a claim was filed
- The level of excess the liability insurance was set at
Should it be determined that the company you worked for when injured had liability insurance in place, the chances of filing a successful personal injury claim is greatly improved. With this said, should the excess be more than the level of accident at work compensation you are seeking, this would negate your claim against the employer.
What Should I Do When Claiming Compensation Against a Company in Voluntary Liquidation
If you want to file a personal injury claim against a company that is in voluntary liquidation, the process differs to seeking compensation from a company that has stopped trading. When companies go into “liquidation” voluntarily, it means that a specific plan would have been established so that creditors are repaid money that is outstanding to them which would include all personal injury claims.
With this said, should the business have been a Limited Company it would be the “legal entity” and therefore would be responsible for paying any claims against them. Should the legal entity no longer exist, there would be no “route” available to file an personal injury claim. However, if you can show evidence that a “director” could be held directly responsible for the workplace injuries you sustained due to gross negligence, you could be able to seek compensation directly from them although the chances of this being successful would be low.
What I Include in a Claim Against an Employer Who is No Longer Trading?
If a personal injury lawyer feels that you could be entitled to seek compensation for a workplace injury you sustained from an employer who is no longer in business, you would be entitled to claim both general damages and special damages. This could include claiming for the following:
- Your loss of amenity, pain and suffering which would be awarded in General Damages
- Your loss of earnings and future earning should you not be able to work again which are awarded in Special Damages
When it comes to “special damages”, you would be entitled to include the following as long as you can provide receipts to support the expenditure you incurred as a direct result of the workplace injuries you suffered:
- Travel costs – whether you go to hospital or other medical facility to receive necessary treatment by car, bus, taxi or train
- Medical expenses – this would include the cost of anything that is not covered by the NHS
- Care costs if you require help around the home
- All other costs and expenses that can be directly linked to the workplace injuries you suffered
As previously mentioned, you must be able to provide receipts for all the expenses and costs you incurred in order to be compensated the Special Damages you seek.
How Do I Start a Personal Injury Claim Against an Employer in Liquidation?
As previously touched upon, filing a personal injury claim against an employer who is no longer in business can prove more challenging that seeking compensation from an employer who is still trading. As such, it is far wiser to contact a personal injury lawyer who would determine whether the chances of success are high. Should this be the case, the solicitor you contact would typically offer you No Win No Fee terms which would involve signing a Conditional Fee Agreement.
Initially, the solicitor would establish this in no obligation consultation which is free and once they are satisfied that your case stands a very good chance of succeeding, they would begin their investigations without requesting they be paid an upfront fee to do so. You would need to provide the solicitor the following:
- The date the workplace accident occurred
- Where the incident occurred
- Why you believe the company is liable
- The record of the incident in the Accident Book
- Written witness statements together with contact details
- Details of the company’s liability insurance provider
- All and any communication you had with the company
Because this type of claim can be challenging, seeking legal advice as soon as possible is the best course of action if you are hoping to file a work-related personal injury claim against an employer who is no longer in business. A lawyer has the necessary legal expertise to deal with insurers and is aware of the legal challenges a claim against an employer who is no longer trading presents. In short, the chances of filing a successful claim are greatly increased when you have a personal injury lawyer act on your behalf.
Getting Help From a Personal Injury Solicitor Against an Employer Who has Ceased Trading or Gone into Liquidation
Although it is possible to file a personal injury claim against an employer who is no longer in business whether they have ceased trading, the company has been dissolved or the business has gone into liquidation, it can prove a lot more challenging. As such, it is far better to seek the advice from a legal expert who would determine whether this is possible or not.
Once a personal injury lawyer is satisfied that your claim has a chance of succeeding because they is enough evidence to support your case against the employer who is no longer in business, they would represent you on a No Win No Fee basis which means you can seek accident at work compensation without any financial risk. There would be nothing to pay for the advice and legal representation the solicitor provides throughout the case and the only time a fee would be due, is when you are awarded the workplace injury compensation you seek with the amount being deducted from the money you receive.
Informative Links
If you would like more information regarding workplace accidents and injuries that must by law be reported to the Health and Safety Executive, please follow the link provided below:
Reportable incidents and injuries to the RIDDOR
For more information on Accident Books in the workplace, please click on the link below:
Accident Books in the Workplace
For more information regarding compulsory liability insurance that all employers in the UK are obliged to have, please follow the link provided below:
The law and liability insurance that employers must hold