Employer Denying Liability - What Are My Rights?
It is very common for employers to deny responsibility when a claim is first made. This can feel worrying, but it does not mean your claim will fail.
Here is what you need to know:
- Employers often deny liability as a routine starting point.
- Your solicitor will gather evidence to establish what really happened.
- The employer’s insurer must still investigate the claim properly.
- CCTV footage, witness statements, accident reports, and risk assessments often reveal the true cause of the accident.
In other words, a denial is not the end of the process - it is simply part of it.
You still have the right to make a claim even if your employer disputes what happened. We can help you challenge the denial, request evidence, and build a strong case on your behalf.
Frequently Asked Questions
What are my rights if I have an accident at work?
You have the right to report the accident, receive medical treatment, have the incident recorded in the accident book, and work in a safe environment. You also have the right to Statutory Sick Pay, protection from unfair treatment, and (if negligence played a part) the right to make a workplace accident compensation claim.
Do I need to report my accident to my employer?
Yes. You should report your accident as soon as possible. This protects your health and your legal rights. Reporting the accident ensures it is entered into the accident book and creates a record that supports any future claim. You cannot be disciplined for reporting an injury.
Can I claim compensation if my employer was not aware of the hazard?
Yes. You can still make a claim even if your employer did not know about the hazard. Employers have a legal duty to carry out risk assessments, maintain safe working conditions, and identify dangers before accidents happen. If they failed in that duty, you may still be entitled to compensation.
What if I did not record the accident at the time?
You can still make a claim. While an accident book entry is helpful, it is not essential. Medical records, witness statements, photos, emails, and workplace CCTV can all support your version of events. We can help gather evidence if the accident was not recorded immediately.
Can agency or temporary workers claim?
Yes. Agency workers, temporary staff, part-time employees, contractors, and even some self-employed workers often have the same rights as permanent staff. If you were injured because of unsafe conditions or employer negligence, you can usually make a claim for an accident at work.
What if my employer refuses to put it in the accident book?
If your employer refuses, you should make your own written record of the incident and email it to them so there is a timestamped trail. You can also ask a colleague or union representative to witness your account. Your solicitor can request workplace records later if needed.
Do I get full pay after an accident at work?
Not always. Most workers are entitled to Statutory Sick Pay (SSP), and some employers offer enhanced contractual sick pay. If the accident was caused by negligence, you may also claim loss of earnings as part of your compensation. Sick pay and compensation are separate.
Can I claim if I’m partly at fault?
Yes. Many people successfully claim even if they played a small part in the accident. This is known as contributory negligence. Your compensation may be reduced based on your share of responsibility, but your right to claim remains. The law recognises that accidents are rarely one-sided.