No Win, No Fee - Your questions answered

Updated: 3 Oct, 2025
By Chris Salmon

As Legal Aid is no longer available for work injury claims, No Win, No Fee is now the most common way to finance a work injury claim. This guide explains how No Win, No Fee works, what deductions may apply, and why you will not be out of pocket if your claim is unsuccessful.

At a glance

  • No Win No Fee agreements are formally known as Conditional Fee Agreements under UK law (Source: legislation.gov.uk)
  • You do not pay anything upfront to start your claim.
  • If you lose, you pay nothing. If you win, deductions are made from your compensation.
  • Deductions typically include a success fee (capped at 25%) and the cost of ATE insurance.
  • ATE insurance protects you from paying the other side’s legal costs if you lose.

How does No Win, No Fee work?

If you have been injured at work, the most common way to finance a compensation claim is with a Conditional Fee Agreement (CFA). This agreement sets out the terms under which your solicitor will act for you. A key feature of any CFA is After the Event (ATE) insurance, which covers legal costs if your case is unsuccessful. Your solicitor will arrange this on your behalf.

CFA's vary between firms. Ask your solicitor about the specifics of the no win, no fee agreement on offer. The CFA should set out all costs, including success fees and disbursements. Don't sign anything until you are happy with the terms.

Chris Salmon

Commercial Director
Work Accident Advice Centre

What do I pay if I lose my claim?

If your claim is unsuccessful, you will not have to pay any legal fees, costs or expenses. ATE insurance covers these costs, including the defendant’s legal fees. You will not pay for the insurance policy unless you win.

What do I pay if I win my claim?

If your claim is successful, deductions are usually made from your compensation:

  • A success fee (capped at 25% of your compensation award)
  • The cost of the ATE insurance premium

These deductions are standard across all solicitors offering No Win, No Fee services.

Is there any way I could be out of pocket?

No. ATE insurance ensures you are protected from all legal costs if your case is lost. The cost of the insurance is only deducted from your compensation if you win.

Do I qualify for No Win, No Fee?

Most people who were injured at work within the last three years will qualify. However, solicitors carry out a risk assessment before accepting a case. If one solicitor rejects your case, another may accept it.

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No Win, No Fee FAQs

How much will I have to pay to start a No Win, No Fee claim?

Nothing. There are no upfront costs when you start a claim.

Can every type of claim be pursued on a No Win, No Fee basis?

Yes, as long as the claim is likely to be worth over £1,000. Below this threshold, the claim must usually be brought through the small claims court.

Can I claim on behalf of someone else?

Yes. A parent or guardian can claim on behalf of a child under 18. A litigation friend can also claim on behalf of someone who lacks capacity.

Who pays my compensation?

Compensation is almost always paid by your employer’s employers’ liability insurance. Employers are legally required to have at least £5 million cover.

Is there an alternative to No Win, No Fee?

Alternatives include funding through a trade union, using existing legal expenses cover (e.g. car or home insurance), or paying privately. However, No Win, No Fee is the most common option in the UK.

What is After the Event (ATE) insurance?

ATE insurance covers all legal fees, costs and expenses if you lose your case. You do not pay for this policy unless you win, in which case the cost is deducted from your compensation.

Are changes to No Win, No Fee coming?

Yes. Changes to how lower-value injury claims are handled mean that cases worth under £2,000 in general damages (or £10,000 including special damages) may need to be brought through the small claims court. These changes mainly affect minor road traffic claims, not most work injury claims.

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.

More about Chris and WAAC

Last reviewed October 2025 by Chris Salmon

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