Third Parties (Rights against Insurers) Act 2010
Under the Third Parties (Rights against Insurers) Act 2010 the rights an insolvent company has against its EL insurer are transferred by statute to the third party who suffered the injury. The injured worker can sue the insurer directly without first having to obtain judgment against the dissolved company — a major improvement on the 1930 Act it replaced.
Finding the policy: ELTO
The Employers' Liability Tracing Office holds the Employers' Liability Database. Searches are free and identify the insurer on cover for any period since 1972. Pre-1972 policies can sometimes be traced through Companies House filings, trade association records, or via the Department for Work and Pensions.
What if no policy can be traced?
For mesothelioma, the Diffuse Mesothelioma Payment Scheme pays a tariff award. For other diseases and injuries, the Financial Services Compensation Scheme protects claims against insurers that have themselves become insolvent. The Pneumoconiosis (Workers' Compensation) Act 1979 is the fallback for certain dust-related diseases.
Dissolved companies — restoration
Where the limited company has been struck off the register, an application can be made to restore it under section 1029 of the Companies Act 2006. Restoration treats the company as if it had never been dissolved and allows proceedings to be issued. Most insurers fund the restoration application because it is a formality.
Time limits
The standard three-year limitation under section 11 of the Limitation Act 1980 applies. Insolvency and restoration do not freeze the clock — instruct a solicitor as early as possible.
Can I claim if my employer has gone into liquidation?
Yes. The Third Parties (Rights against Insurers) Act 2010 transfers the right to claim against the EL insurer directly to you.
What if the company was uninsured?
Operating without EL insurance is a criminal offence under the Employers' Liability (Compulsory Insurance) Act 1969. The directors can be pursued personally in some cases, and statutory schemes may apply for specific diseases.
Does the FSCS cover EL claims?
Yes — the FSCS protects claims against UK insurers that become insolvent, generally without an upper monetary cap for compulsory insurance.
Browse every plain-English guide in the work accident guides hub, or read the main guide to how a claim works.
This guide is for general information only and does not constitute legal advice. Every claim turns on its own facts. For advice about your specific situation, speak to a regulated solicitor. You can find one through the Find a Solicitor service (Law Society) or through APIL.