How To Claim For An Accident From An Employer That No Longer Exists
- AuthorKay Ditcham
What would you do if you had an accident at work or were injured and by the time you decided to make a claim your employer no longer existed?
What happens if you had an accident whilst engaged as a subcontractor rather than an employee? Would you still be able to make a claim?
There isn’t a definitive answer to those questions which applies in every case. However, the one thing that you can be sure of is that we will do all we can to identify the party responsible and see whether a claim can be brought, even if the company has gone under. If you are thinking of making a claim, the first step you need to take is to seek advice from someone experienced and not “a friend” or “a mate in the pub”.
We recently settled a claim for a client who was involved in an accident whilst at work. When he came to us, the accident had happened approximately two years ago and he was unsure as to the exact date of the accident. On top of that, we found out that his employer was no longer trading.
In these cases, the employer will often have had insurance to cover injuries to employees or subcontractors. We therefore have to locate the insurer who would be responsible for your compensation, if you succeed of course. We do have facilities we can use in order to trace the employer’s insurers. If that proves to be unsuccessful, you can be assured we would not give up easily.
In the recent claim we settled, we had tried all usual ways to trace the insurers and unfortunately we were unsuccessful. We corresponded with the directors of the company who proved to be very unhelpful. We contacted the accountant who chose not to respond. On top of that, we found that the date of the accident given by the client was inaccurate and, in order to protect his position, we had to issue court proceedings urgently. Ultimately, we were able to bring a claim against the subcontractors and secured a successful outcome for our client.
Therefore, if you have been involved in an accident at work, come and see us to take advice and see what options are available to you. Let us start the investigative work on your behalf.
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