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Answer · Last reviewed July 2026

Can a work accident claim go to the small claims court?

What is the small claims track?

Claims under £10,000 general / £1,500 PI general damages; each party pays own costs regardless of outcome; no fixed costs recovery; does not apply to EL claims

Why do employer liability claims not use small claims?

CPR r.26.9 — PI claims involving employer liability are excluded from small claims track; allocated to fast track (damages up to ~£25,000) or multi-track (complex or high value)

What track is a work accident claim on?

Simple admitted liability claims under £25,000 — fast track; complex, disputed, serious injury — multi-track; Low Value Protocol under £25,000 EL — Portal process

What does the track affect?

Costs recovery; trial procedure; timetable; how evidence is managed

Related questions

Will my work accident claim go to court?

Most work accident claims settle before trial. Only a small minority of disputed cases proceed to a full hearing.

Do I have to appear in court?

If the case reaches trial — which is uncommon — you and any witnesses may need to give evidence. Your solicitor will prepare you.

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Where did the accident happen?

Pick the setting closest to your situation.

Sources

  1. CPR Part 26 r.26.9
  2. CPR Part 27
  3. CPR Part 45 (fixed costs)

This answer is editorial information about UK law. It is not legal advice and does not create a solicitor–client relationship. For advice on your circumstances, speak to a regulated personal-injury solicitor.