A template notice from a claimant to the defendant employer's liability insurer, given when County Court personal injury proceedings are commenced against the employer following a workplace injury. Drafted for the law of England & Wales.
How to use this template - Replace every
[SQUARE-BRACKET]field before use. - Employers must carry employers' liability insurance by law (Employers' Liability (Compulsory Insurance) Act 1969). Giving the insurer notice of proceedings allows the insurer to take over the conduct of the defence and, ultimately, to satisfy any judgment. - If the employer is insolvent or dissolved, an injured claimant may be able to proceed directly against the insurer under the Third Parties (Rights against Insurers) Act 2010, take advice on this route. - This is a practical/courtesy notice; it does not replace proper service of the claim form on the defendant under the Civil Procedure Rules. Have a solicitor handle the litigation.
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[CLAIMANT NAME / SOLICITORS] [ADDRESS]
[DATE]
[INSURER NAME] [ADDRESS]
By post and email
Dear Sirs,
Re: [CLAIMANT NAME] v [DEFENDANT EMPLOYER NAME], Claim No. [NUMBER], in the County Court at [COURT] Your insured: [DEFENDANT EMPLOYER NAME] | Policy No.: [NUMBER, if known] | Date of accident: [DATE]
- We act for [CLAIMANT NAME], who was injured in the course of [his/her] employment with your insured on [DATE] at [PLACE]. The injury was caused by [BRIEF DESCRIPTION OF HOW THE ACCIDENT HAPPENED].
- We give you notice that proceedings have been commenced against your insured in the County Court at [COURT] under claim number [NUMBER]. A copy of the Claim Form [and Particulars of Claim] is enclosed.
- The claim is for damages for personal injury [and consequential losses] arising from your insured's [negligence and/or breach of statutory duty] as employer.
- We invite you to confirm that you will deal with this claim on behalf of your insured and to acknowledge service / file a defence within the time limits under the Civil Procedure Rules. Please confirm the name and contact details of the handler dealing with the matter.
- Please treat this letter as notice that proceedings have been commenced and as an invitation to you to deal with this claim on behalf of your insured [and, if applicable, to treat it as notice under the Third Parties (Rights against Insurers) Act 2010].
Yours faithfully,
_________________________ [NAME], for [CLAIMANT / FIRM]
Enc: Claim Form [and Particulars of Claim]
--- This template is a starting point and not legal advice. Personal injury litigation is governed by the Civil Procedure Rules and strict time limits, have a qualified solicitor conduct the claim and review this before use. Governing law: England & Wales.