The Accident at Work Claims Process: Step by Step

Many people put off seeking legal advice because they are not sure what will happen or what will be asked of them. This guide walks you through the process from start to finish.

1. Step 1 — Your Initial Enquiry: Contact us by phone, online form, or live chat. No obligation at this stage.
2. Step 2 — Free Case Assessment: We review the facts and advise honestly whether your case may have merit.
3. Step 3 — Funding Agreement: If you proceed, we agree terms — usually no win no fee. We explain all costs clearly before you sign.
4. Step 4 — Evidence Gathering: Your solicitor helps gather medical records, accident book entry, risk assessments, and other documents.
5. Step 5 — Independent Medical Report: You attend an appointment with an independent medical expert who produces a report. Your solicitor arranges this.
6. Step 6 — Letter of Claim: A formal letter is sent to your employer setting out the claim.
7. Step 7 — Employer and Insurer Response: The insurer has a set period (usually three months) to investigate and respond — admitting or denying liability.
8. Step 8 — Liability Decision: If admitted, negotiations on claim value begin. If denied, your solicitor advises on options.
9. Step 9 — Negotiation and Settlement: Most claims settle through negotiation without a court hearing.
10. Step 10 — Court Proceedings: If a fair settlement cannot be reached, your solicitor will guide you through the process and represent you.

The Independent Medical Examination

An independent medical examination (IME) is an assessment by a medical expert — a consultant, specialist, or a psychiatrist or psychologist for psychological injuries — arranged by your solicitor for the claim. It is separate from your GP or hospital treatment: the expert’s job is to assess and report, not to treat you. Your GP and hospital records still matter as supporting evidence, but they are written for treatment, not for valuing an injury against the legal framework.

At the appointment you will usually talk through how the accident happened and your symptoms since, followed by a physical examination or a structured clinical assessment, and questions about how the injury affects your work and daily life. It is a clinical assessment, not a test you can fail. The report confirms the diagnosis, links it to the accident, describes its severity and gives a prognosis — often the single most important factor in valuing your general damages. One assessment is usually enough; serious or multiple injuries may need more than one specialist. Under a no win no fee agreement you do not pay for it upfront. If you think the report misses something, tell your solicitor, who can raise it with the expert.

The Letter of Claim and the Insurer’s Response

The Letter of Claim formally starts the claim under the Pre-Action Protocol for Personal Injury Claims. Your solicitor writes it — you do not need to draft anything. It sets out what happened (date, place and circumstances), why your employer is said to be at fault, your injuries based on the evidence so far, and an outline of your financial losses. It does not need a final valuation; that comes later.

• 21 days: the employer or insurer must acknowledge the letter and confirm who is handling the claim.
• Up to three months: the insurer investigates and then admits liability, admits it in part (for example alleging contributory negligence), or denies it.
• No response: your solicitor can issue court proceedings, although most claims still progress by negotiation once the insurer engages.

An admission of liability moves the focus to valuing the claim. A denial does not end it: your solicitor answers the specific points raised and gathers further evidence where needed.

How Settlement Is Reached

Once liability is resolved and the medical evidence is complete, your solicitor prepares a schedule of loss covering general damages and every financial loss, and negotiates with the insurer. There is no fixed formula: general damages are assessed against the Judicial College Guidelines for your injury and special damages come from your documented losses (see how compensation is calculated).

You do not have to accept the first offer — insurers sometimes open low, and the decision to accept, negotiate or reject is always yours, with your solicitor’s advice. Once a settlement is agreed and paid, the claim is generally closed for good and cannot be reopened even if your condition worsens. That is why a good solicitor will usually wait until your prognosis is clear before recommending settlement: it is protection against undervaluing your claim, not unnecessary delay. Payment normally follows within a few weeks of formal agreement, with the agreed success fee deducted before the balance is paid to you.

Will My Claim Go to Court?

Probably not. The great majority of accident at work claims settle without a court hearing. Proceedings become more likely where liability is genuinely disputed, an offer stays unreasonably low despite strong evidence, or the insurer ignores the Protocol timescales. Even then, issuing proceedings often prompts a more serious response and most cases still settle before trial. Issuing a claim is a procedural step your solicitor handles — it does not mean you have to attend court. If a trial does go ahead, a judge decides liability and value on the evidence; in lower-value claims giving evidence in person is uncommon, and in larger ones your solicitor will prepare you thoroughly. With After the Event insurance in place, you are protected from the other side’s costs if the claim fails, including at trial.

How Long Does a Claim Take?

• Simple claims — liability admitted early, a relatively minor injury with a clear recovery: often 4 to 9 months.
• Standard claims — a moderate injury, or some negotiation over liability or value: typically 9 to 18 months.
• Complex or serious claims — significant injuries, disputed liability, several medical experts, or future care to assess: 2 years or more.

The main factors are how quickly the insurer admits liability, how long your medical prognosis takes to settle, how complex your future financial losses are, and whether court proceedings are needed. You can help by sending documents promptly, attending medical appointments and answering your solicitor’s questions quickly.

Interim Payments

In cases where liability has been admitted or is very likely to be admitted, it may be possible to apply for an interim payment — an advance of compensation to cover urgent needs such as lost income, rehabilitation, equipment, or care costs. It is deducted from your final settlement. Our compensation guide explains more.

What Will You Need to Do?

• Provide accurate and honest information about the accident and your injuries
• Attend the independent medical examination
• Keep records of financial losses and expenses
• Respond promptly to requests from your solicitor
• Attend court if the case proceeds to a hearing (rare for straightforward claims)

Frequently Asked Questions