Court is the last resort. Before proceedings can be issued, the Civil Procedure Rules require both sides to exchange information and try to resolve the claim. For work injuries, that happens under one of two protocols.
Which protocol applies?
The Pre-Action Protocol for Low Value Personal Injury (Employers' Liability and Public Liability) Claims, often called the EL/PL Portal, applies to most employers' liability accident claims valued at between £1,000 and £25,000. Claims are submitted and managed through an online portal. Industrial disease claims use a separate disease protocol.
The Pre-Action Protocol for Personal Injury Claims applies to claims outside the Portal, including higher-value claims and claims that leave the Portal.
How does the EL/PL Portal work?
At Stage 1, your solicitor sends a Claim Notification Form to the employer and its insurer. The insurer must acknowledge it electronically the next business day and then decide on liability, for employers' liability claims within 30 business days. If liability is admitted, the claim moves to Stage 2: medical evidence is obtained and your solicitor sends a settlement pack, after which there is a fixed period to negotiate. If the value still cannot be agreed, Stage 3 is a short court hearing that decides only the amount of compensation.
If the insurer denies liability, alleges contributory negligence (other than about seat belts in road accidents), or misses its deadlines, the claim leaves the Portal and continues under the Personal Injury Protocol.
How does the Personal Injury Protocol work?
Your solicitor sends a detailed letter of claim. The defendant should acknowledge it within 21 days and then has three months to investigate and say whether it admits liability. If it denies liability, it should give reasons and disclose key documents, such as accident reports and risk assessments. The parties then exchange medical evidence and try to settle.
What happens if the insurer denies liability?
Your solicitor reviews the reasons and documents and decides whether to issue court proceedings. A denial at this stage is common and does not mean the claim will fail. See what to do if your employer denies liability.
What if someone does not follow the protocol?
The court expects compliance. A party that ignores the protocol can face costs penalties or other sanctions, for example having to pay the other side's costs of an unnecessary step.
Why does the protocol help claimants?
It forces the insurer to engage quickly, makes it disclose key documents early, and gives a clear path to settlement without court. Most work accident claims settle at this stage. See how long a work accident claim takes and how a work accident claim works.
Sources
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.