What happens if my employer doesn’t respond to a claim?

Updated: 3 Oct, 2025
By Chris Salmon

When you make a work injury claim, your solicitor will notify your employer (the defendant) of your injury. In most cases, an employer’s solicitor or insurer will promptly confirm receipt and then respond in detail. But what happens if your employer does not reply?

At a glance

  • Employers who fail to respond within 3 months risk the case being issued in court under the Civil Procedure Rules (Source: Ministry of Justice guidance)
  • Employers must acknowledge a Claims Notification Form (CNF) within 21 days and give a full response within 3 months.
  • Failure to reply is a breach of the Pre-Action Protocol.
  • Your solicitor can apply to court for a Pre-Action Disclosure (PAD) order.
  • PAD orders force employers to admit or deny liability and disclose documents.
  • Employers usually cover the legal costs of a PAD application.

Pre-Action Protocol

Making a work injury claim against an employer is known as an employer's liability claim. If your solicitor estimates your claim is worth between £1,000 and £25,000, it will follow the Pre-Action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability).

This fast-track protocol uses an online portal that encourages communication, speeds up the process, and promotes early out-of-court settlements.

If no one replies to your claim, record all attempts to chase. Ask for written updates and request any CCTV or records. Keepin a diary will put you in an even stronger position.

John Kushnick

Legal Operations Director (NAL)

What if my claim is worth more than £25,000?

More complex or higher-value claims usually follow the multi-track process. There is no fixed procedure, but courts are involved earlier. A claim will still begin with a letter to your employer, but these cases usually take longer to settle.

Sending a Claims Notification Form (CNF)

Your solicitor will send a formal CNF to your employer, their solicitor, and their liability insurer. Employers in the UK are legally required to have employers’ liability insurance. The CNF includes:

  • Claimant details
  • Accident type, date, and location
  • Basis of the claim
  • Medical treatment received
  • Financial losses incurred

From this point, the claim is usually managed by the employer’s insurer and their representatives, not the employer directly.

How long does my employer have to respond?

Defendants are required to:

  • Acknowledge receipt of the CNF within 21 days
  • Provide a full response within 3 months
  • State whether liability is accepted or denied

If liability is denied or contributory negligence is alleged, the employer must also provide supporting disclosure documents.

What if my employer does not respond?

Employers sometimes fail to reply, for example because they misplaced documents, are delaying intentionally, or hope the claim will be dropped. This failure is a breach of the Pre-Action Protocol.

If you don’t get a response within the deadline, your solicitor can escalate matters by applying to court.

Applying for a court order

If your employer does not reply to the CNF, your solicitor may apply for Pre-Action Disclosure (PAD). The court will consider whether the employer has failed to comply with protocol. You won’t need to attend this hearing.

If granted, the court order will require your employer to:

  • Admit or deny liability
  • Disclose information and documents needed for your claim

Employers are usually ordered to pay the legal costs of the PAD application, which creates a strong incentive for them to comply in the first place.

Real-world example

A factory worker suffered a back injury when lifting heavy boxes. His solicitor sent a CNF to the employer, but the company ignored it. After 3 months with no response, the solicitor applied to the court for a Pre-Action Disclosure order.

The court required the employer to admit or deny liability within 14 days and disclose their risk assessment documents. Faced with the court order and the risk of paying extra costs, the employer’s insurer quickly admitted liability and entered settlement negotiations.

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Are there alternatives to a PAD application?

If there are genuine reasons for the delay, such as needing more time to gather documents, the court may reject a PAD application. In such cases, your solicitor may issue a warning and allow extra time before escalating to court.

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

One quick call can give you clarity and confidence about your options after a work accident. A specialist advisor will:

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  • Explain clearly how No Win, No Fee works
  • Connect you with the right solicitor for your case

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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.

More about Chris and WAAC

Last reviewed October 2025 by Chris Salmon