Here’s the full picture behind this week’s explainer, including why employers sometimes deny responsibility, and how the right evidence can be used to challenge that.
The Short Answer
Yes, you can still make a claim even if your employer denies responsibility for your workplace accident. It’s not uncommon for an employer’s initial response, maintained through their insurers or solicitors, to be that the accident wasn’t their fault, even where the client knows otherwise. Where this happens, the focus shifts to gathering evidence, including expert evidence, witness evidence from colleagues or others present, and contemporaneous evidence such as records made at the time and CCTV, to test whether the employer’s account holds up and to challenge it where it doesn’t.
Why Do Employers Deny Responsibility?
It’s a difficult situation for anyone to find themselves in, particularly where the accident happened because of instructions given by the employer, such as how to carry out a manual handling task, or because corners were cut.
“It’s a really difficult situation when this happens because I think sometimes clients come to us and they’ve acted in accordance with the instructions they’ve been given by their employer as to carry out a particular manual handling task, for example, or they come to us knowing that their employer has cut corners.”
Most clients hope their employer will simply take responsibility once a claim is presented, but that isn’t always how things go.
“All our clients hope that they will get the outcome that they deserve, their employer will take responsibility for what’s happened. And unfortunately, it’s a difficult part of our job that we have to advise clients that that’s not always the case.”
You can read more about how Accident at Work Claims work on our Accident at Work claims service page.
When the Denial Is Maintained
Sometimes the employer’s position doesn’t shift, even where the client knows the accident happened because of something the employer did or didn’t do.
“The initial response and sometimes even the maintained response from the employer through their insurers or solicitors is that the accident wasn’t their fault.”
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How We Challenge a Denial of Responsibility
Where an employer’s account is disputed, the response is to build your case with evidence, and to take the matter as far as necessary.
“What we’re going to do here is make sure that we gather the evidence that we need to overcome that, and if necessary, we would take that through to a final hearing and have done for our clients.”
The Evidence We Gather
- Expert evidence
- Lay witness evidence, from fellow employees or other witnesses
- Contemporaneous evidence, such as records made at the time and CCTV footage
“We would gather the evidence, be that expert evidence, be that lay witness evidence of fellow employees or other witnesses. We’ll also look at the contemporaneous evidence, which is key: what was written down at the time, what was recorded in the CCTV at the time, essentially questioning: does what the employer says stack up?”
Where the employer’s account doesn’t hold up against that evidence, the claim is pursued accordingly.
“If we don’t accept that, we’re going to have our clients’ back, and we’re going to fight that, and we’re going to take it through to conclusion.”
For a broader look at the claims process, see our How Personal Injury Claims Work guide
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Frequently Asked Questions
Yes, a denial of responsibility doesn’t bring a claim to an end. We’d focus on gathering the evidence needed to challenge that position.
Expert evidence, witness evidence from colleagues or others present, and contemporaneous evidence such as records made at the time and CCTV footage can all help test whether the employer’s account stands up.
Not necessarily, but where the employer’s denial is maintained, we’re prepared to take a case through to a final hearing where necessary.
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Conclusion
An employer denying responsibility can feel discouraging, but it’s not the end of the road. With the right evidence gathered and tested against what the employer says happened, a claim can still be pursued, right through to a final hearing if that’s what it takes.
Thinking about a claim? Read about Personal injury claims and how No Win No Fee works, or send us your enquiry.
No Win No Fee: The law limits our success fee to 25% of the compensation for pain, suffering and loss of amenity and for past financial losses, after any state benefits are repaid. Compensation for future losses is not counted. If you win, our success fee is deducted from your compensation. It is a percentage of our basic charges, and the law limits it as set out above. If the legal costs we recover from the other side do not cover our charges, your agreement also lets us take that shortfall from your compensation. We cap the success fee and any shortfall together at 25% of your compensation, or at 40% for some types of claim. Any After the Event insurance premium is not part of any cap on our fees: it is always deducted from your compensation in addition. It is payable only if you win, and is never charged upfront. Your letter of engagement sets out exactly what you will pay for your type of claim, and we explain it before you sign. If you lose, you pay us nothing. This applies as long as you keep to your responsibilities under the agreement. You may have to pay costs if you end your claim early, fail to beat an offer the other side made, or a court finds your claim dishonest or exaggerated; where we have arranged After the Event insurance, it covers some of these costs if you keep to the policy's terms. See exactly what you pay.