What happens if my employer denies liability for my injury?
Updated: 3 Oct, 2025 By Chris Salmon
When making a work injury compensation claim, your solicitor will write to your employer, setting out the basis of your claim. Here we explain what happens if your employer denies liability.
At a glance
- You can still pursue a claim if liability is denied, with evidence like medical records and witness statements.
- Courts can decide liability under the Civil Procedure Rules if an employer or insurer denies fault (Source: Ministry of Justice Civil Procedure Rules)
- Your employer owes you a legal duty of care under health and safety law.
- If they deny liability, their insurer usually makes the final decision on whether to settle.
- Very few cases go to court, and you won’t usually have to attend in person.
Duty of care
A duty of care is the legal obligation of an individual, organisation or business to keep others safe from harm.
Your employer owes this duty to all employees, contractors, visitors and anyone else reasonably impacted by their operations. The law requires employers to provide a safe working environment and reduce risks wherever practical.
If your employer failed in this duty and you were injured as a result, they may be held liable under the Health and Safety at Work Act 1974 and the Management of Health and Safety at Work Regulations 1999.
If your employer denies liability, ask for reasons in writing and share your evidence. Keep photos, witness names and medical notes. Clear facts can shift their position and help your claim.
John Kushnick
Legal Operations Director (NAL)
The Claims Notification Form (CNF)
Once you have instructed a solicitor, they will send a formal letter called a Claims Notification Form (CNF) to your employer (the defendant) and their insurer.
The employer has:
- 21 days to confirm receipt, and
- 3 months to state whether liability is accepted or denied.
What does it mean if my employer denies liability?
If your employer denies liability, they are saying they do not accept legal responsibility and do not believe they should pay compensation.
What is vicarious liability?
Even if an employer appears not to be directly at fault, they can often still be liable under the principle of vicarious liability. This means employers are responsible for the actions or negligence of employees if it occurs in the course of their work.
This principle also applies when an employee is injured after being told to carry out a dangerous task without training, or if a co-worker causes an accident.
Employers’ liability insurance
By law, all employers must have Employers’ Liability insurance. This ensures injured workers receive compensation and protects businesses from the financial consequences of a claim.
Is your employer or their insurer denying liability?
It is often the insurer, not the employer, who decides whether to accept liability. Insurers may:
- Settle quickly to save costs
- Deny liability initially as a tactic
- Make a low early settlement offer
What if my employer denies liability before I start a claim?
Employers may try to discourage claims by denying liability or offering to settle directly. This could be to avoid reporting the accident to their insurer. You should not accept any offer without legal advice. Once you accept, you cannot claim further compensation if your injuries worsen.
Can I still claim compensation if liability is denied?
Yes. You can usually still claim, provided there is sufficient evidence. Your solicitor will gather evidence such as medical records, accident book entries, and witness statements.
Real-world example
A warehouse worker slipped on a wet floor and broke their ankle. The employer denied liability, arguing that the worker had ignored warning signs. However, the solicitor obtained CCTV footage showing there were no signs in place and witness statements confirming other employees had raised concerns about spillages being left unattended.
After this evidence was presented, the employer’s insurer accepted liability and agreed to a settlement without the case going to court.
Will I have to go to court?
Very few claims go to court. Insurers often settle before trial to avoid costs. Even if a case does go to court, you usually will not have to attend in person.
Don't do anything without prior legal advice
Always seek independent legal advice before responding to your employer, their insurer or legal team. Your solicitor will ensure nothing is said that could harm your case and will negotiate the best possible outcome on your behalf.
Have you been injured at work?
If you have been injured at work in the last 3 years, you may be able to claim financial compensation.
Find out more about making a work accident claim:
- Do you qualify?
- How much compensation could you get?
- How does No Win, No Fee work?
Read more: Work accident claim guide
Our work injury advisors will:
- Offer free, impartial advice
- Explain how No Win, No Fee works
- Recommend the right solicitor
About the author
Chris Salmon is a legal commentator and co-founder of Quittance Legal Services. He has written extensively about workplace accidents, employment rights and the claims process. Chris's work has been cited in national media and he regularly contributes practical guidance to help injured workers understand their options.
Last reviewed October 2025 by Chris Salmon
External references
- Health and Safety at Work etc. Act 1974 - key legislation setting out employer responsibilities, central to liability disputes.
- Employers’ Liability (Compulsory Insurance) Act 1969 - requires employers to hold insurance to cover injury claims.
- Ministry of Justice: Pre-Action Protocol for Personal Injury Claims - explains how disputed claims are handled before reaching court.
- HSE: RIDDOR - outlines reporting duties that provide vital evidence in contested cases.
