The employer’s liability and public liability protocol is a set of rules used for accidents that occurred after the 31st July 2013. The claims are handled through an online portal system making it much quicker and more efficient. Another entry requirement is that the claim must be valued at between £1,000 and £25,000 which is typical as the majority of simple claims are valued at under £10,000. As a modern and increasingly common method of dealing with claims, it is handy to be clued up on it!
What is employers liability?
This type of claim is where the person making a claim is an employee who has been injured in their working capacity. They will normally claim from their employer.
What is public liability?
This is where a person is injured in a place where a company, person, or perhaps local authority has a responsibility to take reasonable steps to ensure a person is not injured. It can also include claims for product liability too. Common examples are supermarket claims or pothole trippers.
There are several factors that can stop claims from entering this new portal system:
| The claimant or defendant is deceased or classed as a ‘protected party’ – for example an elderly claimant or one with a mental illness. |
| The claimant is classed as bankrupt. |
| The accident occurred outside of England and Wales, as the portal only applies to England and Wales cases only. |
| An employer’s liability case with more than one defendant for a disease case. |
| Clinical negligence – which is normally for medical malpractice or surgical errors, for example. |
| The defendant is not insured. |
Once a claim is in the portal system, there are reasons why the claim can exit the portal, such as:
| The defendant denies liability for the accident. |
| The defendant believes that the claimant has contributed to the accident in some way, meaning a split of liability. |
| The value of the claim increases beyond £25,000 or is believed to be worth less than £1,000. |
| The defendant believes that the information submitted on the Claim Notification Form (this is where the details of the claim are officially submitted through the portal) are insufficient. |
| Particular deadlines are missed – in Employers Liability cases the defendant has 30 business days to respond with a liability decision, and in Public Liability cases they have 40 days – if they fail to do this in time, the claim can leave the process. |
If the case remains in the portal and liability is accepted…
| There is around a 35 day period for the claimant and defendant to agree on a settlement figure once all medical evidence and losses information has been collated – however this period can be extended if the two agree to do so. |
| The insurer or defendant has 10 days to pay the settlement figure once agreed – failure to do so can result in the claim being withdrawn from the portal at that point. |
If liability is denied…
| The case will have been withdrawn from the portal. |
| The case may be referred to court if negotiations cannot be established. |
Whether the claim is handled in or out of the protocol, you can trust that the experts like The Injury Lawyers are dedicated to winning your case. For free legal advice call 0800 634 75 75 today.
