If the company that caused your injury has been dissolved or struck off the Companies House register, you can usually still claim. Under the Third Parties (Rights against Insurers) Act 2010, you can claim directly against the company's insurer without first obtaining a judgment. You can trace the insurer using the Employers' Liability Tracing Office (ELTO). If needed, a court can restore the company to the register under the Companies Act 2006.
This situation is surprisingly common, particularly for workplace injuries, industrial diseases and asbestos claims where symptoms can emerge decades after exposure, by which time the employer may have closed down. It also arises with smaller contractors and businesses that fold. The good news is that UK law has developed specific routes to protect claimants. We are an independent information service, not a law firm.
Why insurance is the key
Under the Employers' Liability (Compulsory Insurance) Act 1969, UK employers must hold employers' liability (EL) insurance. This cover does not expire when the company is dissolved — the policy that was in force at the time of your accident or exposure remains valid, and the insurer remains liable. Your real defendant is typically the insurer, not the company itself.
For injuries to members of the public (rather than employees), the company may have held public liability insurance voluntarily. The same principle applies: if the policy existed, the insurer can be pursued directly.
Tracing the insurer with ELTO
The Employers' Liability Tracing Office (elto.org.uk) maintains a database of EL insurance policies. You or your solicitor can search by the employer's name and the relevant dates. ELTO was set up to help people trace historic cover, and it is the first step in most dissolved-employer claims.
If ELTO does not return a result, other routes include:
- Searching Companies House records for insurance details in the company's annual returns
- Contacting the Financial Conduct Authority (FCA) or the Association of British Insurers (ABI)
- Asking former directors, colleagues or trade union representatives who may recall the insurer
The Third Parties (Rights against Insurers) Act 2010
Before this Act (which replaced a 1930 version), you generally had to obtain a judgment against the company before pursuing its insurer — an absurd requirement when the company no longer existed. The 2010 Act removes this barrier: you can issue proceedings directly against the insurer, establishing both the company's liability and the insurer's obligation to pay in the same claim.
The 2010 Act applies where the insured company is dissolved, insolvent, or has otherwise ceased to exist. It is now the standard route for historic workplace injury and disease claims against defunct employers.
Restoring a dissolved company
In some cases, it is necessary or advantageous to restore the company to the register before proceeding. Under sections 1024–1034 of the Companies Act 2006, the court can order restoration where it is "just" to do so, and bringing a personal injury or disease claim is a well-established reason.
Restoration:
- Puts the company back on the register as if it had never been dissolved
- Revives the EL or PL insurance policy
- Allows you to serve proceedings on the company (which is then defended by its insurer)
The application is usually straightforward and can be made by the claimant. Court fees apply, and the process can take several weeks.
What if the company had no insurance?
If the employer illegally failed to insure, options include:
- Claim against directors personally — directors who allowed the company to trade without compulsory EL cover may be personally liable.
- Financial Services Compensation Scheme (FSCS) — in limited circumstances, the FSCS may cover claims where the insurer has itself become insolvent.
- CICA — if the injury resulted from a criminal act (such as a deliberate assault at work), you may be able to apply to the Criminal Injuries Compensation Authority.
These routes are more complex, and specialist legal advice is essential.
Time limits
The standard three-year limitation period under the Limitation Act 1980 applies. For industrial diseases with delayed onset, the clock may start from the date of knowledge. The court's discretion under section 33 may also assist where the company's dissolution caused delay, but this is never guaranteed. Act promptly.
Frequently asked questions
Can I claim compensation if the company that injured me has been dissolved?
Usually, yes. If the company held employers' liability or public liability insurance at the time of your accident, you can often claim directly against the insurer using the Third Parties (Rights against Insurers) Act 2010. You may also be able to apply to restore the company to the Companies House register.
How do I find the dissolved company's insurer?
Use the Employers' Liability Tracing Office (ELTO) database at elto.org.uk. ELTO holds records of employers' liability insurance policies and can help identify which insurer covered the company at the time of your injury. Your solicitor can also make enquiries through industry databases.
What is the Third Parties (Rights against Insurers) Act 2010?
This Act allows you to claim directly against a company's insurer when the company itself cannot meet the claim because it has been dissolved, is insolvent or has ceased to exist. You do not need to obtain a judgment against the company first, which simplifies the process considerably.
What if the company had no insurance?
UK employers are legally required to hold employers' liability insurance under the Employers' Liability (Compulsory Insurance) Act 1969. If a company failed to insure, there may be a claim against its directors personally, or you might be able to apply to the Financial Services Compensation Scheme (FSCS) or, in criminal injury cases, to CICA. A solicitor can advise on the available routes.
Can I restore a dissolved company to bring a claim?
Yes. Under sections 1024 to 1034 of the Companies Act 2006, the court can restore a company to the register for the purpose of bringing a claim against it. This is a common step in industrial disease and historic workplace injury claims. The restoration application usually needs to be made by the claimant or a creditor.
Do time limits still apply if the company is dissolved?
Yes. The standard three-year limitation period under the Limitation Act 1980 still applies. However, if the company's dissolution meant you could not reasonably have brought your claim sooner, the court may exercise discretion under section 33. Seek legal advice promptly to protect your position.
Get help from official, free sources
- ELTO (elto.org.uk) — trace employers' liability insurance
- Companies House — check a company's status
- Solicitors Regulation Authority (SRA) — check a solicitor is regulated
- Citizens Advice — free, impartial guidance
Related guides: accident at work claims, construction accident claims, industrial disease claims, time limits, and employer insolvency claims.