Can I claim for an injury if my employer was not insured?
Updated: 3 Oct, 2025 By Chris Salmon
You still have the right to claim compensation for a workplace injury, even if your employer did not have valid Employers’ Liability (EL) insurance.
Normally, compensation is paid by the employer’s insurance provider, not the employer directly. If no insurance was in place, or if the insurer later went bust, other options are available to make sure you are not left without compensation.
Is an employer without EL insurance breaking the law?
Yes. Under the Employers’ Liability (Compulsory Insurance) Act 1969, most UK employers are legally required to have EL insurance. This policy covers the cost of compensation when an employee is injured or made ill by their work.
Failing to have insurance is a criminal offence, but it does not remove your right to make a claim.
What if the insurer has gone out of business?
If your employer’s insurer has ceased trading, you may still be able to recover compensation through:
- The insurer’s insolvency practitioners, if the company has enough assets to pay claims
- The Financial Services Compensation Scheme (FSCS), if the insurer cannot meet its obligations
you could claim
- Instant accurate calculation
- Shows true cost of making a claim
- Confirms your right to claim
If there was no insurance, you can still bring a claim against the employer. Keep evidence of the accident and any assets or new company links.
John Kushnick
Legal Operations Director
National Accident Law
The role of the FSCS
The FSCS is a government-backed scheme that protects policyholders if a financial services company, such as an insurer, goes bust. It can:
- Transfer policies to another insurer
- Pay 100% of valid compensation claims when the original insurer cannot
This means that even if your employer was uninsured or their insurer failed, you should still be able to recover the full value of your work injury claim.
How your claim will work in practice
- Your solicitor will gather medical and other evidence to prove your employer was responsible for your injury
- They will identify whether an insurer, insolvency practitioner, or the FSCS should handle the claim
- Your solicitor will negotiate on your behalf to reach a fair settlement
Most cases are resolved without court involvement. The FSCS or the relevant insurer will pay compensation if liability is admitted.
See also: What is the process for claiming for a work injury?
Call now for free, specialist advice
We'll put you straight through to an experienced work injury advisor:
- Advice that's right for your case
- Check if you can claim
- No Win, No Fee explained clearly
If you decide to make a compensation claim, we'll connect you with the right solicitor.
Calls are confidential and are handled by our partners at National Accident Helpline. Work Accident Advice Centre (WAAC) is a Claims Management Company regulated by the Financial Conduct Authority (Ref number: 835858). Registration is recorded on the FCA website https://register.fca.org.uk/.
About the author
Chris Salmon is a legal commentator and co-founder of Quittance Legal Services. He has written extensively about workplace accidents, employment rights and the claims process. Chris's work has been cited in national media and he regularly contributes practical guidance to help injured workers understand their options.
Last reviewed October 2025 by Chris Salmon
External references
- Employers’ Liability (Compulsory Insurance) Act 1969 - the law requiring most employers to hold liability insurance.
- Health and Safety at Work etc. Act 1974 - sets out employer duties to keep workers safe.
- HSE: Health and Safety Executive - national regulator overseeing employer compliance and safety standards.