EA
Call NowFree Enquiry

Can I Claim Industrial Disease Compensation If My Employer Has Closed Down?

Last reviewed: June 2026 · EA Personal Injury Solicitors

Yes — in many cases you can still claim even if the employer who exposed you to harmful conditions no longer trades. Employers were legally required to hold Employers' Liability (EL) insurance, and those insurers can often be traced through the Employers' Liability Tracing Office (ELTO) database, even decades later.

TL;DR — Quick Summary

Key Points

  • Employers' Liability insurance must be retained on record for 40 years
  • The ELTO database helps trace insurers even when the employer has closed
  • HMRC employment history and P60 records can help establish past employment
  • Government schemes exist for some diseases where no insurer can be traced
  • Multiple employers can each be pursued for their share of exposure

Frequently Asked Questions

Can I claim if my employer has closed down or gone into administration?
Yes, in many cases. Employers were legally required to hold Employers' Liability insurance, and insurers must retain records for 40 years. Specialist tracing services — including the Employers' Liability Tracing Office (ELTO) — can often identify the insurer even when the employer no longer exists.
What is the Employers' Liability Tracing Office?
The Employers' Liability Tracing Office (ELTO) operates a database of EL insurance policies. Claimants and their solicitors can search ELTO to identify which insurer held the relevant policy at the time of the claimant's exposure or employment.
What if no insurer can be found?
Where a valid EL policy cannot be traced, claims for industrial diseases caused by exposure to asbestos may be made to the Diffuse Mesothelioma Payment Scheme or the Pneumoconiosis etc (Workers' Compensation) Act 1979 scheme, depending on the disease and circumstances.
What records do I need?
Useful records include employment records (P60s, payslips, HMRC employment history), National Insurance contribution records, trade union membership records, and any correspondence from former employers. Your solicitor can help establish the employment history if records are sparse.
What if I worked for multiple employers?
In many industrial disease cases — particularly noise-induced hearing loss — multiple employers contributed to the exposure. Depending on the disease, liability may be apportioned between insurers, or one insurer may be pursued for the whole claim and recover contributions from others.
EA
Published by EA Personal Injury Solicitors
Edward and Amaury Limited · SRA No. 800525
Verify the firm and its regulated people on the SRA Register. General information only; this is not legal advice.

Speak to a Solicitor About Your Claim

Our SRA regulated solicitors can review your situation and explain your options clearly. Free initial enquiry with no obligation to proceed.

No Win, No FeeSRA Regulated SolicitorsFree Initial EnquiryConfidential