If you’ve been injured in an accident at work and your employer is denying responsibility, it can be both frustrating and confusing. You may feel unsure about where you stand or whether you still have a valid claim.
However, a denial of responsibility does not necessarily mean your claim cannot succeed. In many cases, liability is disputed at an early stage and only properly determined once evidence has been reviewed in full.
In this article, we explain what your rights are if your employer denies responsibility, how liability is assessed, and what steps you can take next.
Can I Still Make an Accident at Work Claim if My Employer Denies Responsibility?
Even if your employer denies that they are responsible, you may still be able to bring a successful accident at work claim.
Most workplace injury claims are actually handled through the employer’s insurance company, rather than the employer directly. This means the focus is usually on the evidence, not on personal disagreement between you and the employer.
A denial is often just the starting point of the process, not the final outcome.
How is Responsibility (Liability) Decided?
To succeed in an accident at work claim, you generally need to show that:
- Your employer owed you a duty of care
- That duty was breached, for example through unsafe systems or lack of training
- The breach caused your accident and resulting injury
Employers have a legal duty to take reasonable steps to keep employees safe. This includes carrying out risk assessments, providing proper training, and maintaining safe working conditions.
Whether your employer accepts responsibility or not, liability is ultimately determined by evidence.
Why Might an Employer Deny Responsibility?
There are several reasons why an employer may deny liability at the outset of a claim, including:
- They believe that they took reasonable steps to keep you safe
- There is a dispute about how the accident happened
- Key evidence has not yet been reviewed, such as CCTV or witness statements
- They are relying on their insurer or legal team to investigate the claim
In some cases, a denial is based on an incomplete picture of the incident and may change once further evidence becomes available.
What Evidence Can Help My Claim?
When responsibility is disputed, evidence becomes especially important. This may include:
- Accident book entries and incident reports
- Photographs or CCTV footage of the accident scene
- Witness statements from colleagues or others present
- Medical records linking your injury to the accident
- Workplace documents such as risk assessments and safety procedures
The more evidence available, the clearer the picture becomes of how the accident happened and whether proper safety measures were in place.
What Happens if Liability is Still Denied?
Even if your employer continues to deny responsibility, this does not automatically end your claim.
Your solicitor will review all available evidence and may continue to investigate further. In many cases, claims that are initially denied are later resolved once the full circumstances have been considered.
If there is still disagreement, expert evidence may be obtained to help clarify what happened and whether safety standards were met.
Will I Have to Go to Court?
Most accident at work claims do not go to court. The majority are settled through negotiation once evidence has been reviewed and liability is clearer.
Court proceedings are usually a last resort and are typically only necessary where liability remains strongly disputed and cannot be resolved through discussion.
Even then, your solicitor will guide you through each step if court action becomes necessary.
What Should I Do Next?
If your employer is denying responsibility after an accident at work, it is important not to assume you do not have a claim.
Early legal advice can help ensure evidence is preserved, witnesses are contacted, and your case is properly assessed. In many situations, further evidence gathered later in the process can make a significant difference.
If you have been injured at work and your employer is denying responsibility, our team can help you understand your rights and advise on the next steps available to you.
Speak to Our Team
For more information about claiming for an accident at work, you can call us on 01642 843 667; alternatively, complete our online contact form and one of our solicitors will be in touch.
