Accident At Work But Company In Administration?
Copyright (c) 2011 Nicholas Jervis
If you have been involved in an accident at work and have suffered a serious injury but when you start to make your claim for compensation you discover that the company is administration, what are your options? Are you no longer able to make a claim for compensation or is there still something you can do?
When to make a claim for an accident at work.
Ultimately you have three years from the date of the accident within which to make your claim for a work accident. This does not mean that you should wait until the three year period is almost finished to make your claim as this will cause you serious difficulties and may even prevent your claim being made at all. The three year period relates to the time in which you must issue court proceedings if you are going to make a claim for compensation, therefore, a solicitor would need to be asked to help you some months before this three year period ends to gather the evidence they need to allow them to prepare the papers to send to the court to issue your claim. This is the only way that your claim would be protected within this three year period.
There are only limited circumstances under which the three year time period is extended so for the purpose of this article we will assume that you only have three years from the date of the accident. Therefore, there is plenty of time for you to make a claim for compensation.
Company in administration?
If, within this three year period the company you work for goes into administration, what are your rights and options? Can you still make a claim for compensation or does the fact that the company has gone into administration mean that you will no longer receive your compensation?
To answer this question it is worth considering who ultimately will bear the bill of your claim for compensation as a result of your work accident. The good news is that every employer must have insurance in place to cover injury to their staff. It is the insurance company that will settle any work accident compensation claims and not ultimately your employer.
Therefore, the fact that the company you work for has gone into administration does not prevent you from making a claim.
How do you find the insurance company of a business in administration?
This is where seeking advice from a specialist work accident claims solicitor will help you considerably. They will have tracked down many insurance companies for businesses that were in administration previously. They have membership of professional bodies and membership groups which share information on insurers for various companies and will use this to help track down the insurance company to allow you to receive compensation for your work accident. Evidence to support your claim will be obtained from former colleagues and it will still be perfectly possible to pursue your claim for compensation.
Summary.
If you have been injured in an accident at work but your company has subsequently gone into administration you should urgently seek the advice of a specialist work accident claims solicitor. They will be able to locate the insurance company and pursue your claim for compensation for you. A good work accident claims solicitor will also ensure that you keep 100% of your compensation.
About the Author
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