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Employer denies liability for my work accident: what next?

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

  1. PreAction Protocol for Personal Injury Claims (Ministry of Justice)
  2. PreAction Protocol for Low Value Personal Injury (Employers' Liability and Public Liability) Claims
  3. Civil Procedure Rules Part 44 (costs and conduct)
  4. Health and Safety at Work etc. Act 1974

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