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
What Are 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
How Does the EL/PL Protocol Work?
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).
Specific Types of Workplace Injury Claim
Accident at Work Claims
If you are injured at work through your employer's failure to take reasonable care, you can claim compensation from your employer's insurer.
Read moreWork-Related Stress Claims
A work stress claim needs a recognised psychiatric illness, not just unhappiness, caused by your employer's breach of duty.
Read moreConstruction Accident Claims
Construction site accidents can involve several responsible parties: your employer, the principal contractor, the client or another trade.
Read moreManual Handling Injury Claims
Employers must avoid hazardous manual handling where reasonably practicable, and where it is unavoidable, assess the risk and reduce it.
Read moreNeedlestick Injury Claims
A needlestick or sharps injury at work can support a claim if your employer failed to provide safer sharps, training or safe disposal, and you were…
Read moreFaulty Equipment Accident at Work Claims
If defective or unsafe work equipment injures you, you can claim against your employer even where the fault lay with the manufacturer, because the…
Read moreWork Injury Claims When Your Employer Has No Insurance
Most employers must hold employers' liability insurance.
Read moreAgency Worker and Self-Employed Accident Claims
Agency workers, contractors and gig workers can still claim for a work injury, but the right defendant differs.
Read moreFrequently Asked Questions
Can I claim against my employer on no win no fee?
What is the Employers' Liability (Compulsory Insurance) Act 1969?
What must I prove in an employers' liability claim?
How long do I have to bring a workplace injury claim?
Will I lose my job if I claim against my employer?
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Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.
Sources for this page
Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 18 September 2026.
- Courts and Legal Services Act 1990, s.58 (conditional fee agreements)
The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.
- Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013
Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.
- Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)
Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.
Who wrote and checked this page
- Written and published by
- Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
- Legal review
- Checked for England & Wales by Edward & Amaury Solicitors — Solicitors regulated by the SRA (no. 800525) (verify on the regulator’s register).Review is recorded against the firm. The individual reviewer is not named on this page.
- Review dates
- Last reviewed 18 September 2026. Next review due 18 March 2027.
Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.