Why do employers and their insurers deny liability?
Cover: insurer's duty to investigate; common defences including contributory negligence, no breach of duty, and causation disputes
What does "liability" mean in a work accident claim?
Explain the three elements: duty, breach, causation
What happens under the EL/PL Protocol after a denial?
21-day acknowledgement, 3-month investigation period, requirement to provide reasons, Stage 3 court process if still disputed
What evidence can overcome a denial of liability?
Accident book, photographs, witnesses, risk assessments (obtained via disclosure), HSE notices, medical records
What if the insurer blames you instead (contributory negligence)?
Explain partial fault — see our related guide
What if the denial is made in bad faith or without proper investigation?
Court can draw adverse inferences; costs penalties for unreasonable conduct under CPR 44
How long does a disputed liability claim take?
6–24 months from letter of claim to settlement or trial
Does a denial mean your claim will fail?
No — statistics show most claims settle before trial
Sources
- PreAction Protocol for Personal Injury Claims (Ministry of Justice)
- PreAction Protocol for Low Value Personal Injury (Employers' Liability and Public Liability) Claims
- Civil Procedure Rules Part 44 (costs and conduct)
- Health and Safety at Work etc. Act 1974