My Employer Has Ceased Trading, Could I Claim for an Injury?
Have you been injured at work but your employer has ceased trading? Are you wondering if you can still make a personal injury claim against a company that has gone into liquidation? It can be slightly more complicated to claim against an employer who’s closed their business, but it is possible.
There are a variety of factors that make claiming against an employer who’s gone out of business more complicated than a regular personal injury claim, but a No Win No Fee lawyer can help to make the process seem easier for you.
You shouldn’t have to suffer injuries due to someone else’s negligence, and an administration becoming dissolved doesn’t change this. If you sustained injuries from a work-related accident and your employer is responsible, you may be entitled to compensation.
How to claim when your employer has ceased trading
Before you read this guide, you may have questions such as:
- Can you sue a company that has ceased trading?
- Can I claim against an ex-employer?
- What is the average payout for a personal injury claim in the UK?
This article will answer these questions so you have as much information as possible to help you go forward with your injury claim.
You can contact our team of advisers today to receive free legal advice about your situation.
Get In Touch With Our Team
Our panel of solicitors are experienced and knowledgeable in handling personal injury claims when an employer has ceased trading. It’s possible to file a personal injury claim without using the services of a solicitor, but you might find that the legal knowledge and expertise they can provide are valuable. Our panel of personal injury solicitors would be happy to handle the complicated parts of the claim to help you receive the compensation you deserve.
You can get in touch with our friendly team of advisers to discuss your case and learn more about the accident at work procedures. They can offer you free legal advice about your situation and assess how much compensation you could receive if your claim succeeds.
Our panel of personal injury lawyers can then get started on your claim and may discuss No Win No Fee agreements with you. If you’d like to contact our friendly team of advisers for free legal advice, we suggest that you:
- Call them on 020 3870 4868. One of our advisers can then have a chat with you about your situation.
- Fill out your claim online. An adviser will get back to you at your earliest convenience.
- Chat with an adviser through our live chat pop-up box for an instant response.
Services And Information
- Everything You Need To Know About Injury Claims Against An Employer Who Has Ceased Trading
- What Is An Employer Who Has Ceased Trading?
- How To Check The Status Of A Company
- Can I Claim Against An Employer Who Has Ceased Trading?
- What Are Your Rights If Your Employer Has Ceased Trading?
- Calculate Compensation Against An Employer Who Has Ceased Trading
- Claims Against Employers Who Have Gone Into Administration
- Claims Against Employers Who Have Ceased Trading
- Time Limits To Claim Against A Former Employer
- My Employer Has Ceased Trading, What Should I Do?
- Claim Against An Employer Who Has Ceased Trading On A No Win No Fee Basis
- Other Information
- FAQs About Claims Against An Employer Who Has Ceased Trading
Everything You Need To Know About Injury Claims Against An Employer Who Has Ceased Trading
This article will explore how to make an accident at work claim against an employer who has ceased trading. The first section will look at what an employer who has stopped trading is, as well as what it means when a company goes into administration. There will also be a short section discussing what happens when a company dissolves or goes into administration.
Next, the article will tell you how to check the status of a company and how to sue your employer in the UK if they no longer trade. After this, there will be a section looking at your rights if your employer is no longer trading, as well as a guideline compensation table to assess how much compensation some people could receive for their injuries.
Additionally, the article will outline the accident at work claims time limit to ensure you still have enough time to claim. The guide will then look at what you should do if you’ve suffered a workplace accident and your employer has ceased trading. Finally, we will remind you of the UK Law contact information if you’d like to get in touch with our expert team of advisers.
Our advisers are available to offer you free legal advice and help to start your claim.
What Is An Employer Who Has Ceased Trading?
A workplace accident can cause a variety of different injuries that can negatively impact your life. The Health and Safety at Work etc. Act 1974 (HASAWA) states that your employer has a duty of care to safeguard and protect you from harm. They can do this by:
- Providing adequate health and safety training to employees.
- Minimising hazards in the workplace.
- Ensuring their employees are capable of the tasks they are given.
If your employer fails to keep you safe by breaching their duty of care, they could be found negligent. This means they could be found responsible during a workplace injury claim. Workplace accidents could cause significant injuries, such as:
- Broken legs
- Wrist fracture
- Broken hand
- Fractured foot
- Broken arm
These injuries can significantly impact the employee’s life and as such, they should not be taken lightly. This is why you may be eligible to claim compensation if the accident wasn’t your fault, even if your employer has ceased trading. You can contact our team of advisers to learn more about your employer’s responsibilities following an accident at work.
Although up-to-date statistics of workplace accidents caused by an employer who has ceased trading aren’t readily accessible by the public, there are figures available regarding workplace accidents in general. The graph below conveys figures taken from employer reports made under The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) showing how many reported non-fatal workplace accidents there were between 2016/17-2020/21.
Contact our advisers today for more information about what happens when you sustain a work-related injury.
What Is Liquidation Of A Company?
Liquidation of a company essentially means that the company is coming to an end and its assets are put up for sale. Compulsory liquidation is when a company has gone out of business and is forced to cease trading due to bankruptcy. On the other hand, voluntary liquidation is when a company chooses to sell its goods at a lower price than usual, which means they do not make a profit. This is because they need as much money as they can get.
What Happens When A Company Goes Into Administration?
Companies can go into administration when they have cash flow issues. For example, a company could go into administration if it spends more than it makes. An administrator, or insolvency practitioner, is then appointed, and the business and all of its assets are handed over to their control. The administrator then has 8 weeks to release a statement on what they plan to do next.
How To Check The Status Of A Company
To check the status of a company and find out if it’s gone out of business, you can check the Companies House website if their company is limited (has Ltd at the end of the company name). If they’re an individual (sole trader) or a partnership, you can check the bankrupt and insolvency register by typing in their name or the company’s name.
Can I Claim Against An Employer Who Has Ceased Trading?
If you suffered workplace injuries due to your employer’s negligence but your employer has ceased trading, you can contact our team of advisers to check if you can make a personal injury claim. A personal injury lawyer could carry out an investigation to see if your ex-employer had liability insurance. If they did, you may be able to make a claim through the insurance policy.
To do this, you could provide a personal injury solicitor with information such as:
- A written report of where and when the accident took place.
- A report of the injuries you sustained due to this accident.
- The contact details of your ex-employer, the name of the company, and their insurance provider.
- The liquidator’s name (if the company was liquidated).
- A report of the financial losses you suffered as a result of your injuries.
Contact our advisers today to learn how our panel of personal injury solicitors can help you.
What Are Your Rights If Your Employer Has Ceased Trading?
According to GOV.UK, if your employer has ceased trading, they may:
- File you for redundancy.
- Request you continue to work.
- Transfer you over to a different employer (if they’ve sold the business to them).
Depending on the situation, you can ask the government for:
- Redundancy pay
- Holiday payment
- Wages that are outstanding, such as commission or overtime
- Statutory notice pay (money you would’ve earned from working your notice period).
Calculate Compensation Against An Employer Who Has Ceased Trading
We have included a guideline compensation table to portray some example figures of what some claimants could receive for their injuries. These figures are taken from the Judicial College Guidelines (JCG).
The JCG is a document some legal professionals may use to help them value their claimant’s injuries. Please note that the figures in the below table are used for example purposes only and figures may vary.
| Injury: | Severity: | Notes: | Compensation: |
|---|---|---|---|
| Brain Damage | Less Severe (d) | Cases where there is a good recovery, but not all functions are completely restored. | £14,380 to £40,410 |
| Total Loss of One Eye | N/A | Consideration given to scarring, age, and psychiatric effect. | £51,460 to £61,690 |
| Tinnitus and NIHL (i) | Severe | Noise-induced hearing loss and tinnitus with severe effects. | £27,890 to £42,730 |
| Chest Injuries (b) | Traumatic Injuries | Injury to lungs, heart and chest causing permanent damage. | £61,710 to £94,470 |
| Asthma (d) | Relatively mild | Relatively mild symptoms, following exposure to harmful vapour. | £9,990 to £18,020 |
| Asbestos-Related Disease (a) | Severe pain and impairment | Mesothelioma resulting in severe pain and significant effect on function and quality of life. | £65,710 to £118,150 |
| Hernia (a) | N/A | Limitation of activity with continuing pain after repair. | £13,970 to £22,680 |
| Neck Injuries (a) (i) | Severe | Injured person has little to no movement in their neck and has severe headaches. | In the region of £139,210 |
| Wrist Injuries (b) | N/A | Cases of significant disability, but with some remaining movement. | £22,990 to £36,770 |
| Back Injuries (a) (i) | Severe | Spinal cord and nerve root damage, resulting in severe pain and disability. | £85,470 to £151,070 |
General damages compensate for the injury itself and the mental and physical effects it has had on your life. The awarded bracket depends on factors such as the severity of your injury and how long the treatment has taken.
Special damages compensate for the financial impact of your injuries. In order to qualify for special damages, you must provide sufficient evidence of your financial losses. An example of evidence you could use is bus tickets to prove you paid out of pocket to travel to and from medical appointments for your treatment.
Claims Against Employers Who Have Gone Into Administration
It is possible to claim against employers who’ve gone into administration, but it may be less straightforward than other workplace injury claims. If you choose to hire a personal injury lawyer, they can check if the employer had employer’s liability insurance and what level of excess is still left on the policy.
If the employer had paid the costs of the insurance before the company went into administration, you could make a claim for compensation. However, the excess cost could become a problem. Generally, excess figures for employer’s liability insurance can be in the thousands.
The administrator cannot pay the excess fees, so you could decide to pay off the excess by deducting it from your claim value. This will only work if your claim value is more than the excess costs.
You can get in touch with our team of advisers to assess how much your claim could be worth.
Claims Against Employers Who Have Ceased Trading
If you suffered a workplace accident that resulted in injuries that weren’t your fault, you may be eligible to claim. This still stands even if the employer has ceased trading.
An employer who has ceased trading no longer has an active business with working employees. Unfortunately, this means finding out who the company insurers were may be more difficult as you can no longer contact the company to ask. If the company is limited, you cannot claim against the owner of the company, as they weren’t directly responsible for your accident.
However, it is still possible to make a claim if you have a valid case. It’s recommended that you work with a specialist solicitor to help you with your case, as claiming against an employer who has ceased trading can be difficult. You can contact our team of advisers today to get a free quote on how much your claim could be worth. If you have a valid claim, they can then put you in contact with our expert panel of personal injury solicitors to begin your claim.
Time Limits To Claim Against A Former Employer
The time limit for personal injury claims against a former employer is generally three years, according to the Limitation Act 1980. This means you have three years from the date of the accident, or the date you realised that you suffered an injury due to negligence.
However, there are some exceptions to the personal injury claims time limit, including:
- People under the age of 18: People who are under 18 only enter the three-year time limit on their 18th birthday. Someone else can make a claim on behalf of a child while the time limit is frozen by becoming a litigation friend.
- Cases of incapacitation: If you lack the mental capacity to claim, the three-year personal injury claims time limit is frozen until you regain the capacity to claim for yourself. Someone else can claim on your behalf during this time as a litigation friend.
If you’d like to know how long you have left to claim against your employer who has ceased trading, you can contact our team of advisers for free legal advice. They’d be happy to help.
My Employer Has Ceased Trading, What Should I Do?
If you’ve suffered a workplace accident, the first thing you should do is seek medical attention. This is important as it means you can get the correct help for your injuries. Not only is seeing a medical professional beneficial for your health and wellbeing but it can also serve as evidence for your personal injury claim.
Providing medical evidence in your claim could help prove the severity of your injuries and the duration of your treatment. It can consist of your GP’s notes or notes from the hospital where you received your treatment. You should also gather as much further evidence as you can to prove that you were not at fault for your injuries.
This evidence could include CCTV footage, photos of your injuries, and witness contact details for statements. This evidence may be harder to find if your employer has ceased trading, but a personal injury solicitor could help you investigate further. Moreover, you should provide financial evidence where possible. For example, bank statements can help prove you paid out of pocket for prescription medication for your injuries.
Finally, it’s recommended that you contact a specialist solicitor. Ordinary workplace injury claims can be difficult for claimants if they work alone, but it’s likely to be even more complicated and lengthy if your employer has ceased trading. It doesn’t stop you from claiming, however, as your case can be put to the company’s employers’ liability insurer who’ll compensate you if your claim succeeds.
You can get in touch with our team of advisers to receive free legal advice regarding your injury claim.
Claim Against An Employer Who Has Ceased Trading On A No Win No Fee Basis
Our panel of personal injury lawyers can discuss No Win No Fee agreements with you for your personal injury claim. A No Win No Fee agreement means you pay no ongoing or upfront fee to your solicitor.
If your case loses, you don’t have to pay your solicitor’s fee. If your claim is successful, your lawyer will take a small percentage of your compensation as their success fee. This percentage has a legal cap, to help ensure that you get the majority of your award.
Would you like to learn more about making a claim against your ex-employer who has ceased trading? We suggest you contact our team of advisers by:
- Calling them on 020 3870 4868. One of our advisers is always available to discuss your situation with you.
- Filling out our work injury claim online form. An adviser will respond at whatever time best suits you.
- Talking with an adviser online to receive immediate advice.
Other Information
Agency Worker Injury Claims Guide For Compensation: If you’ve suffered agency workplace injuries that weren’t your fault, our guide provides you with information about how to claim.
What Happens If You Don’t Report An Accident At Work?: Our article explores whether you can make a personal injury claim if you didn’t report your accident at work.
How Do I Get More Money From An Injury Claim?: Do you want to receive the maximum amount of compensation you’re owed for your injuries? Our article shows you how to get more money from a personal injury claim.
Asthma: Are you suffering from Asthma? This NHS guide includes the symptoms, causes, diagnosis, treatment, and how to live with asthma.
SSP: Information on statutory sick pay.
Report a Problem with a Pavement: If you’ve suffered a public place injury on a pavement that wasn’t your fault, you can report a problem with a pavement here.
FAQs About Claims Against An Employer Who Has Ceased Trading
Can you sue a company that has ceased trading?
It could be a more complicated and lengthy process than suing an active company. However, it’s absolutely possible to sue a company if the employer has ceased trading. It would be done through their insurance provider. You can contact our team of advisers to know more.
Can I claim against an ex-employer?
If your ex-employer breached their duty of care and caused you to suffer injuries, you may be able to claim compensation. You can contact our advisors to establish if our panel of solicitors can help you begin your case.
What happens if a company goes into liquidation and owes you money?
If a company goes into liquidation and owes you money, you can write to the administrator handling the company. You can then make your claim requesting the money you’re owed. You should include your name, contact details, how much money you’re owed, and why they owe you the money.
Thank you for reading our guide on how to claim compensation when the employer has ceased trading.
Writer HL
Checked by HT
