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Work Accident Claims and Insolvency: A whistlestop tour
A range of issues are thrown up in a work accident claim where either the claimant or defendant becomes insolvent. Less common, but it does come up in work accident claims is the insolvency of the claimant employee either before the claim is issued, during the claim or after judgment/ settlement and some implications on certain procedures and orders such as PPO. More commonly faced issues are the insolvency of the employer as an individual or a company and often in occupational illness claims a long dissolved company.
It is important to remember that the law of insolvency is almost exclusively statute based. Just about everything you need to know is set out in the Insolvency Act 1986 and the Insolvency Rules 1986.
In this article, Gaurang Naik and Maurice Rifat examine the issues raised where either the claimant or defendant becomes insolvent.