Written by Rick Gregory, Editorial Lead · Legal information checked in collaboration with Edward & Amaury Solicitors (SRA 800525) · September 2026 · ~5 min read
Quick Summary
- A Letter of Claim is the formal document that starts the official claims process, setting out what happened, why your employer is responsible, and the injuries and losses involved
- It's sent under the Pre-Action Protocol for Personal Injury Claims, which sets strict timescales for how the employer's insurer must respond
- The insurer has 21 days to acknowledge the letter and confirm which insurer is dealing with it, then up to a further three months to investigate and confirm whether liability is admitted
- Your solicitor prepares and sends this letter — you don't need to draft anything yourself
What is a Letter of Claim?
A Letter of Claim is the formal written notification, sent by your solicitor to your employer (or directly to their insurer, where known), setting out the basis of your claim. It marks the formal start of the claims process under the Pre-Action Protocol for Personal Injury Claims, which governs how personal injury claims — including accident at work claims — are meant to proceed before court action, if it's ever needed.
What does the letter typically include?
- A summary of what happened — the date, location, and circumstances of the accident
- The basis for alleging your employer was at fault — which duty was breached and how
- Details of your injuries, based on the medical evidence available at that stage
- An outline of your financial losses, where known at this early point
- A request for the insurer's details, if not already known
The letter doesn't need to include a final valuation of your claim — that comes later, once full medical evidence and financial losses are established.
What happens once the Letter of Claim is sent?
Under the Pre-Action Protocol, the recipient has 21 days to acknowledge the letter and confirm which insurer will be handling the claim. After that, the insurer generally has up to three months to investigate — reviewing the accident circumstances, any internal records, and witness accounts — before confirming whether they admit liability, in whole or in part, or dispute the claim.
What if the insurer doesn't respond within 21 days?
If there's no response within the Protocol timescale, your solicitor can proceed to issue formal court proceedings, though this remains relatively uncommon — most claims still progress through negotiation once the insurer does respond, even if a response is late.
What if liability is admitted?
Once liability is admitted, the focus moves to valuing your claim properly — gathering full medical evidence, calculating financial losses, and negotiating a fair settlement. An early admission of liability is a positive step, but it doesn't mean the claim is finished; the value of your compensation still needs to be established and agreed.
What if liability is denied or disputed?
A denial at this stage doesn't mean your claim fails. Your solicitor will review the insurer's reasons, gather further evidence to address any specific points raised, and may need to escalate toward court proceedings if the dispute can't be resolved through negotiation — though the great majority of accident at work claims still settle without a trial.
Do I need to do anything when the Letter of Claim is sent?
Not directly — your solicitor prepares and sends it on your behalf, based on the information and evidence you've provided. Your main role at this stage is making sure your solicitor has accurate, complete information about what happened and your injuries.
Frequently asked questions
How long after my accident is the Letter of Claim usually sent?
This varies depending on how much evidence your solicitor needs to gather first, but it's typically sent once there's a clear factual basis for the claim — sometimes within weeks of instruction, sometimes longer if evidence needs to be assembled first.
Can I see the Letter of Claim before it's sent?
Yes — a good solicitor will keep you informed and can share what's being said on your behalf, particularly if you have questions about how your case is being presented.
What's the difference between the Letter of Claim and a Letter Before Action?
In personal injury claims specifically, "Letter of Claim" is the standard term used under the Pre-Action Protocol; "Letter Before Action" is a more general term sometimes used in other types of civil dispute. For accident at work claims, they refer to essentially the same step.
Ready to understand where your claim stands?
See our full claims process guide for the complete step-by-step picture, or speak to a solicitor about your specific situation.
Or call 01228 272395 to speak to Edward & Amaury Solicitors (SRA number: 800525). No upfront cost and nothing to pay if your claim does not succeed.