Injury At Work Claims When Your Employer Has Ceased Trading
By Lewis Cobain. Last Updated 4th April 2023. If you’re wondering ‘can I claim compensation if my employer has ceased trading?’, this article could help. If you have been involved in an accident at work which resulted in you becoming injured that was caused by negligence on the part of your employer, you could be entitled to make a compensation claim that could be worth tens of thousands of pounds or more.
The good news is that you can still sue a company which has ceased trading for accident at work compensation, or any other type of compensation that you are owed. To claim against a director of a dissolved company, or claim compensation if your employer has ceased trading, you may wish to hire a personal injury solicitor to help you claim.
Call 0800 073 8804 today to see if you can make a claim for compensation against a company that has gone bust.
Select A Section
- A Guide To Claiming Compensation If An Employer Has Ceased Trading
- Can I Claim Against A Company That Has Ceased Trading?
- How To Claim When An Employer Has Gone Into Administration
- Top Tips On Proving A Claim Against An Employer
- How To Find Out If A Company Has Gone Out Of Business
- What Can I Include In A Compensation Claim Against My Employer?
- How Much Could I Claim From A Company That Has Ceased Trading?
- No Win No Fee Employment Solicitors
- Contact Legal Expert For Free To Start Your Claim Today
A Guide To Claiming Compensation If An Employer Has Ceased Trading
If you were injured in an accident at work but the company has ceased trading, it’s possible that you can still make a claim through your employer’s insurance. However, you will need to prove that your employer has acted negligently and caused your injuries.
As outlined in the Health and Safety at Work etc. Act 1974, your employer has a
‘can I claim compensation if my employer has ceased trading?’
duty of care to protect your health, safety and welfare in the workplace. Therefore, if your employer breached this duty of care and you were injured as a result, you may have grounds for a valid claim.
Alongside collecting evidence to prove negligence has occurred and you have been injured, you will need to make sure you take action before the limitation period expires. If you don’t begin your claim within three years of the date of the accident, your claim is at risk of being statute-barred.
There are exceptions to the time limit, which our advisors would be happy to discuss with you free of charge. Get in touch at any time for more information. Alternatively, continue reading on to find out how you can sue a company that has ceased trading.
Can I Claim Against A Company That Has Ceased Trading?
You may be wondering if you’re still eligible to claim against a company that ceased trading. Legally, all employers need to be covered by insurance. Even if they have ceased work, this insurance should still cover any potential claims made against them for accidents that occurred during the period they were insured.
If you were injured in an accident at work that was caused by your employer breaching their duty of care, you could potentially claim.
For example, if you were not provided proper manual handling training, you could injure yourself when attempting to carry awkward or heavy loads. This would be considered employer negligence.
We would advise talking to a solicitor about the actions you could take if a dissolved company either owes you compensation or has attempted to avoid legal action. They could better advise on how to seek or initiate a claim against a company that has ceased trading.
How To Claim When An Employer Has Gone Into Administration
If you’re wondering ‘can I claim compensation if my employer has ceased trading?’, this section will address how to make legal proceedings.
Has your former employer gone into administration? You can still make a personal injury claim against them.
Your personal injury solicitor will have to liaise with the court appointed administrators who will be responsible for checking to see whether or not the company had adequate employee liability insurance to cover your claim.
Will the employee liability insurance cover the costs of your claim? If the policy was taken out before the business went into an official process of administration then you can make a compensation claim. However, the administrator may claim a high excess, meaning that this amount may be taken from your claim by the administrator. In some cases the value of your claim may be outweighed by the administrator’s excess. In other cases, where the sum you are owed is higher, you may still be able to claim a large amount of compensation.
Top Tips On Proving A Claim Against An Employer
In this section, we’ll look at what steps to take if you’re wondering ‘can I claim compensation if my employer has ceased trading?’.
If you left a job following an accident at work and your employer has ceased trading, it is as we have said before, possible to claim against a company in liquidation or that has gone out of business.
First of all, the solicitor may have to spend a countless amount of time trying to find the business. Many clients ask us “how to find out if a company has gone out of business?” as a business will sometimes move and change its name if it has experienced financial troubles, or if it has gone into liquidation.
How To Find Out If A Company Has Gone Out Of Business
In addition to wondering ‘can I claim compensation if my employer has ceased trading?’, many of our clients are anxious to know how to find if a company has gone out of business.
If you need to find out if a company has gone out of business, you can search to see if they have ceased trading. If they are a limited company, their status will appear on the Companies House website. If they are a sole trader or partnership, they will appear under the insolvency register.
What Can I Include In A Compensation Claim Against My Employer?
If you’re wondering ‘can I claim compensation if my employer has ceased trading?’, you may also be wondering what damages you could claim for.
If you are injured in an accident at work that was not your fault, you can claim compensation for your injuries, even if the company has stopped trading. Your compensation could be awarded in two parts.
The first part of your compensation could be awarded as general damages. General damages are the largest part of your personal injury claim. They are awarded to compensate you for your physical and psychological injuries and the pain and suffering that they have caused.
The second part of your compensation claim are special damages. Special damages exist to compensate you for any losses you have endured as a result of your injury. You can claim back any medical expenses, transport expenses, care expenses or adaptations to your home that you had to make, due to a personal injury that you have suffered. You can also claim for loss of income if your injury left you unable to work for a period of time, or loss of future income if you missed your pension payments. To claim special damages, you will need to supply proof, such as receipts or wage slips.
To enquire about how much compensation you could claim from your employer, call Legal Expert today to see how much you could be owed.
How Much Could I Claim From A Company That Has Ceased Trading?
You may be wondering, “can you sue a company that has ceased trading?”. If you have been injured due to their negligence, it’s possible you could still claim compensation.
Compensation for your pain and suffering would be addressed under general damages. We’ve provided a table containing rough figures for general damages from the latest edition of the Judicial College Guidelines (JCG). The JCG is a document that provides guideline compensation figures in personal injury claims.
| Nature of the injury | Level of severity | Further notes | Settlement band |
|---|---|---|---|
| Fractured arm | Severe | May include several fractures in the same arm – more severe than the category above. | £96,160 to £130,930 |
| Fractured arm | Injuries resulting in permanent / substantial disablement | May include several fractures in the same arm. | £39,170 to £59,860 |
| Fractured arm | Less severe | Frature of the upper arm bone(s). | £19,200 to £39,170 |
| Leg injury | Severe | Permanent disability. | £96,250 to £135,920 |
| Leg injury | Very serious | Even when healed there will be some degree of loss of mobility left. | £54,830 to £87,890 |
| Leg injury | Serious | There could be several fractures and long-term mobility issues during recovery. | £39,200 to £54,830 |
| Leg injury | Moderate | Moderate injuries including soft tissue injuries, dislocated knees and more serious fractres. | £27,760 to £39,200 |
| Leg injury | Less serious | Injuries leaving your immobile whilst they heal. | £17,960 to £27,760 |
| Leg injury | Simple fractures to tibia or fibula / soft tissue injury | Injuries to the soft tissues and much less serious fractures. | Up to £11,840 |
If you would like more information on how much you could be owed in compensation, speak with our advisors today.
No Win No Fee Employment Solicitors
If you’re eligible for workplace injury compensation, a No Win No Fee solicitor could help you make an accident at work claim. Their services could be funded under a Conditional Fee Agreement (CFA). A CFA is a type of No Win No Fee arrangement.
When your legal support is funded this way, your solicitor typically won’t ask you for an upfront payment. If your workplace accident claim is successful, what is known as a success fee is taken from your compensation. The law caps the amount that can be taken. Should your workplace accident claim not prove successful, you will not be charged for your solicitor’s service.
Contact Legal Expert For Free To Start Your Claim Today
Our advisors can assess the validity of your claim for free. If your old workplace ceased trading and it seems as if your workplace injury claim has a good chance of success, you could be connected to our panel of solicitors. To speak to us:
- Contact us online
- Call 0800 073 8804
- Or use the live chat at the bottom of the webpage.
Useful Links
- Accident At Work Claim – How Much Compensation Can I Claim?
- How Much Compensation Can I Claim For A Work Related Illness?
- Government Claiming money or property from a dissolved company
- This Is a search tool provided by Companies House website
- Find out if you could claim after being injured in a digger accident by reading our guide.
Whether you’re still wondering ‘can I claim compensation if my employer has ceased trading?’ or you’d like to take the first step to making legal proceedings today, please don’t hesitate to get in touch.
