Can I make a work injury claim on behalf of someone else?
Updated: 3 Oct, 2025 By Chris Salmon
If an injured person is unable to manage the claims process themselves, it is often possible to bring a work injury compensation claim on their behalf. This is usually done through the appointment of a litigation friend.
What is a litigation friend?
A litigation friend is someone who makes decisions for a claimant who cannot conduct their own claim.
They act in the claimant’s best interests, communicate with solicitors, and guide the case through to settlement or trial. A litigation friend can be a parent, guardian, family member, friend, or in some cases a professional advocate.
A litigation friend can be appointed to claim on behalf of a child or protected party under CPR Part 21 (Source: Civil Procedure Rules)
Read more: What does a litigation friend do in an injury claim?
Claims for children under 18
A person under 18 cannot bring a claim in their own name. Instead, a parent or guardian acts as their litigation friend. The litigation friend ensures the solicitor understands both the accident circumstances and the effect on the child’s life. For example, they may provide details such as:
- How the accident happened and who was involved
- Whether faulty equipment was a factor
- Whether training, risk assessments, or protective equipment were adequate
Personal injury claims must usually start within three years of the accident. For children, the three-year period begins on their 18th birthday, meaning claims can be made up until they turn 21.
Read more: Work Injury Claims for Under-18s: A Guide for Young Workers
Sometimes an injury involves a child, someone with limited capacity, or is so severe that the person can't manage their own claim. In these cases, they are a "protected party" and a litigation friend can act for them.
John Kushnick
Legal Operations Director
National Accident Law
Claims for protected parties
Sometimes injuries are so severe, or health conditions so limiting, that the injured person cannot handle their own claim. In these cases, they are classed as a protected party and a litigation friend can be appointed to act on their behalf.
The court can approve a litigation friend such as:
- A parent, guardian, family member, or trusted friend
- A solicitor or Independent Mental Capacity Advocate (IMCA)
- A Court of Protection deputy
- Someone holding lasting or enduring power of attorney
The court checks that the litigation friend has no conflict of interest and can make fair, competent decisions. Any compensation settlement for a child or protected party must also be approved by the court in a short hearing.
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Claims following a fatality
If a workplace accident or illness results in death, a compensation claim may be brought by the deceased’s next of kin. This is usually a spouse, civil partner, parent, or child, acting in the role of litigation friend on behalf of the estate or dependants.
Key takeaway
If the injured person is too young, too unwell, or has died as a result of a work accident, a claim can still be pursued. A litigation friend provides the legal route to ensure the injured person or their family receives the compensation they are entitled to.
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
- Citizens Advice: Personal injury compensation - explains how claims work and who can represent someone else.
- GOV.UK: Compensation after an accident or injury - official guidance on compensation claims, including on behalf of others.
- NHS: Getting a fit note - evidence of illness or injury required in most claims.
- NHS: Mental capacity - guidance on when someone cannot make decisions for themselves.