What Happens After You Submit an Accident at Work Claim?

Quick Summary

• After your initial enquiry, a solicitor reviews the facts and gives you an honest assessment before anything formal begins
• If you proceed, your solicitor gathers evidence, arranges an independent medical assessment, and sends a formal Letter of Claim to your employer's insurer
• The insurer generally has 21 days to acknowledge and up to three months to investigate before confirming their position on liability
• Most claims settle through negotiation; only a small minority need a court hearing

Step 1: Your enquiry is reviewed

Once you've described what happened — whether by phone, form, or in person — a solicitor reviews the facts. This is a genuine assessment, not a formality: if the facts don't support a claim, you'll be told honestly at this stage, at no cost.

Step 2: You receive a funding agreement, if you proceed

If there's a viable claim, you're given a written Conditional Fee Agreement (no win, no fee) setting out exactly how funding works, including the success fee percentage and what happens if the claim doesn't succeed. See our CFA explainer for the detail.

Step 3: Evidence is gathered

Your solicitor requests the accident book entry, any CCTV footage, witness statements, your employer's risk assessments where relevant, and your medical records. You provide what you have; your solicitor pursues the rest.

Step 4: Independent medical evidence

An independent medical expert — separate from your own GP or hospital treatment — assesses your injury, confirms the diagnosis, and gives a prognosis. This report is central to valuing your general damages.

Step 5: The Letter of Claim is sent

Your solicitor formally notifies your employer (or their insurer) of the claim under the Pre-Action Protocol for Personal Injury Claims. The insurer has 21 days to acknowledge and confirm who's handling the claim, then generally up to three months to investigate before responding on liability. See our Letter of Claim guide for more detail.

Step 6: Liability is admitted, partly admitted, or disputed

• If liability is admitted, the focus shifts to valuing your claim accurately using the full medical evidence and financial losses
• If liability is disputed, your solicitor addresses the specific points raised, gathering further evidence where needed
• If liability is partly admitted (for example, with an allegation of contributory negligence), your solicitor will negotiate the disputed portion

Step 7: Valuation and negotiation

Once liability is resolved and medical evidence is complete, your solicitor prepares a schedule of loss — covering general damages and every special damages head — and negotiates with the insurer.

Step 8: Settlement, or court

The vast majority of accident at work claims settle through negotiation at this stage, without a court hearing. If the insurer's offer remains unreasonably low, or liability genuinely can't be resolved, your solicitor may need to issue court proceedings — but even then, most cases still settle before trial. See our guide on going to court for what that would actually involve.

Step 9: Payment

Once settlement is agreed or a court award is made, compensation is paid. Your solicitor deducts the agreed success fee — capped at 25% of your general damages and past losses — and any other agreed deductions, and pays you the balance.

Frequently asked questions

How long does this whole process take?

Simple claims settled through the pre-action process can take 4 to 9 months. Standard claims typically take 9 to 18 months. Complex or disputed claims can take longer, particularly where the medical prognosis needs time to stabilise.

Do I need to do anything at each stage?

Your main input is at the start (describing what happened and providing evidence you have) and at the medical assessment. Most of the ongoing work — chasing the insurer, negotiating, managing deadlines — is handled by your solicitor.

What if I change my mind partway through?

You can discuss this with your solicitor at any stage. Your written agreement explains what happens if you withdraw.

Ready to find out where you stand?

A free case assessment is the first step — honest, no obligation, and no cost.

Free case assessment

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.