Employers' Liability — No Win No Fee
Employers' liability claims arise when an employee is injured at work or develops an occupational disease due to their employer's negligence. These claims are commonly handled on a no win no fee basis under a Conditional Fee Agreement.
What Is an Employer's Duty of Care?
Direct Answer: Employers owe a non-delegable duty of care to provide a safe working environment, safe equipment, competent colleagues, and a safe system of work. Employers' liability claims can be brought on a no win no fee CFA basis. All employers must hold EL insurance (compulsory since 1969).
Employers owe a non-delegable duty of care to their employees. This encompasses four broad obligations established in case law:
- Safe place of work — the workplace must be reasonably safe
- Safe system of work — proper procedures and risk assessments must be in place
- Competent fellow employees — adequate training and supervision
- Safe plant and equipment — machinery and tools must be properly maintained
What Are Common Workplace Injury Claims?
- Slips, trips, and falls at work
- Manual handling injuries
- Falls from height
- Machinery and equipment injuries
- Injuries caused by inadequate training
- Repetitive strain injuries (RSI)
- Workplace violence and assault
How Does the EL/PL Protocol Work?
The Pre-Action Protocol for Low Value Personal Injury (Employers' Liability and Public Liability) Claims applies to EL claims valued between £1,000 and £25,000 where the accident occurred on or after 31 July 2013. The protocol sets out a three-stage process designed to streamline claims and control costs.
Breach of Statutory Duty
In addition to common law negligence, employers may be liable for breach of statutory duty under health and safety legislation including the Health and Safety at Work Act 1974, the Management of Health and Safety at Work Regulations 1999, the Workplace (Health, Safety and Welfare) Regulations 1992, and the Personal Protective Equipment at Work Regulations 1992 (as amended).
Frequently Asked Questions
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Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.
Sources for this page
Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.
- Courts and Legal Services Act 1990, s.58 (conditional fee agreements)
The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.
- Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013
Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.
- Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)
Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.
Who wrote and checked this page
- Written and published by
- Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
- Legal review
- Checked for England & Wales by Edward & Amaury Solicitors — Solicitors regulated by the SRA (no. 800525) (verify on the regulator’s register).Review is recorded against the firm. The individual reviewer is not named on this page.
- Review dates
- Last reviewed 2 August 2026. Next review due 2 February 2027.
Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.