Employers' Liability — No Win No Fee
Employers' liability claims arise when an employee is injured at work or develops an occupational disease due to their employer's negligence. These claims are commonly handled on a no win no fee basis under a Conditional Fee Agreement.
What Is an Employer's Duty of Care?
Direct Answer: Employers owe a non-delegable duty of care to provide a safe working environment, safe equipment, competent colleagues, and a safe system of work. Employers' liability claims can be brought on a no win no fee CFA basis. All employers must hold EL insurance (compulsory since 1969).
Employers owe a non-delegable duty of care to their employees. This encompasses four broad obligations established in case law:
- Safe place of work — the workplace must be reasonably safe
- Safe system of work — proper procedures and risk assessments must be in place
- Competent fellow employees — adequate training and supervision
- Safe plant and equipment — machinery and tools must be properly maintained
Common Workplace Injury Claims
- Slips, trips, and falls at work
- Manual handling injuries
- Falls from height
- Machinery and equipment injuries
- Injuries caused by inadequate training
- Repetitive strain injuries (RSI)
- Workplace violence and assault
The EL/PL Protocol
The Pre-Action Protocol for Low Value Personal Injury (Employers' Liability and Public Liability) Claims applies to EL claims valued between £1,000 and £25,000 where the accident occurred on or after 31 July 2013. The protocol sets out a three-stage process designed to streamline claims and control costs.
Breach of Statutory Duty
In addition to common law negligence, employers may be liable for breach of statutory duty under health and safety legislation including the Health and Safety at Work Act 1974, the Management of Health and Safety at Work Regulations 1999, the Workplace (Health, Safety and Welfare) Regulations 1992, and the Personal Protective Equipment at Work Regulations 1992 (as amended).