When an employee is injured at work and may claim compensation, how you respond affects both the outcome of the claim and your ongoing relationship with your workforce. There is a structured process in England and Wales, and your employers' liability insurer plays a central role. Here is how to handle it.
First, the immediate duties
Before any claim, make sure you have done the basics: provided first aid, made the area safe, recorded the incident in the accident book, and reported it to the HSE under RIDDOR if it is reportable. Good early handling protects the employee and creates the evidence you may later need.
Notify your insurer straight away
Employers' liability insurance is compulsory and exists to cover injury claims by staff. Notify your insurer promptly of any incident that could lead to a claim, most policies require early notification, and late notice can prejudice cover. The insurer will usually take over the handling and defence of any claim.
The Pre-Action Protocol
Personal injury claims follow a Pre-Action Protocol. In outline:
- the employee (or their solicitor) sends a letter of claim setting out what happened and why they say you are liable;
- you (through your insurer) must acknowledge it and respond within set timescales, either admitting or denying liability with reasons; and
- the parties exchange information and medical evidence, and try to settle before any court proceedings.
Lower-value workplace injury claims often run through a streamlined online portal.
Preserve evidence and co-operate
- Keep all relevant records: the accident book entry, risk assessments, training records, maintenance logs, witness details, and any CCTV.
- Co-operate with your insurer and provide the information they need.
- Do not alter or destroy records, that can seriously damage your position.
Don't victimise the employee
Treating an employee badly because they were injured or because they bring a claim can give rise to separate claims (such as detriment or discrimination). Manage their sickness absence, pay and any return to work fairly, and consider reasonable adjustments.
Liability and contributory negligence
A workplace injury claim is usually brought in negligence. Breach of health and safety legislation may be relevant evidence of the standard of care, but a standalone civil claim for breach of statutory duty is generally not available unless the legislation expressly provides for it. If the employee was partly at fault, damages can be reduced for contributory negligence. Your insurer and solicitor will assess liability and the right approach to settlement or defence.
Practical guidance
- Report and record properly, then notify your insurer immediately.
- Let the insurer handle the claim through the Pre-Action Protocol, and co-operate fully.
- Preserve evidence and never destroy records.
- Keep the safety lessons in mind, fix the cause to prevent repeat incidents (and repeat claims).
Key takeaways
- Handle the basics first (first aid, accident book, RIDDOR), then notify your employers' liability insurer promptly.
- Injury claims follow a Pre-Action Protocol; your insurer usually handles the defence.
- Preserve all evidence and co-operate; never destroy records.
- Don't victimise the injured employee, and remember contributory negligence can reduce damages.
Sources
- Employers' Liability (Compulsory Insurance) Act 1969; RIDDOR 2013
- Pre-Action Protocol for Personal Injury / Low Value Personal Injury (Employers' Liability) Claims
- The law of negligence, employers' liability and contributory negligence
--- This article is general information about the law of England & Wales as at 2026, not legal advice. For advice on your circumstances, consult a qualified solicitor.