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Employer insolvent: can I still claim for a work accident?

Why employer insolvency does not end your right to claim

The Employers' Liability (Compulsory Insurance) Act 1969 — what it requires

What is the ELTO and how does it work?

Database of EL policies since 2011; older policies may require other research

What if the policy cannot be traced?

Options: dissolved company restoration under Companies Act 2006 s.1029; MIB for uninsured; DMPS for mesothelioma

What if the employer dissolved years ago?

Three-year time limit still applies from date of accident or knowledge; courts can extend under s.33 Limitation Act in exceptional circumstances

Industrial disease cases

Employers may have been multiple; insurers trace by exposure period

Sources

  1. : Employers' Liability (Compulsory Insurance) Act 1969
  2. Companies Act 2006 s.1029
  3. Employers' Liability Tracing Office (ELTO)
  4. Mesothelioma Act 2014 (DMPS — for asbestos cases)

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