What Happens if the Employer Doesn't Respond?
A surprising number of employers never reply to a letter of claim. Here is exactly what happens next — and why their silence often works in your favour.
Of the hundreds of letters of claim we have sent to employers, a surprising number are not replied to at all. That isn't necessarily bad news. Usually it just means the letter hasn't reached someone who knows what to do with it. The right move is to press on and lodge the claim with the Injuries Resolution Board (IRB).
1. The Injuries Resolution Board
Once the claim is lodged, the IRB writes to the Respondent.
They then have 90 days to say whether they'll let the IRB assess it.
If they say nothing and the 90 days run out, the law treats that as consent to the assessment process.
The IRB then values the claim using your medical reports and the Personal Injuries Guidelines. Once it makes an award, the Respondent has another 21 days to respond. Miss that too, and they are taken to have accepted it. The IRB issues an Order to Pay, which has the same force as a court order.
2. When the Case Moves to Court
The IRB route doesn't always resolve the claim. If the Respondent refuses consent, or either side rejects the valuation, the Board issues an Authorisation and you can bring proceedings in court.
Once a Personal Injuries Summons has been served, the Defendant is on the clock. If nothing comes back, you can apply for judgment in default.
The first step is the Appearance — a short formal document acknowledging the case. The Defendant has 21 days to file it. Miss that, and you can apply for judgment in default of appearance.
Some defendants file the Appearance and then go quiet again, never serving a Defence. If that happens, you can move for judgment a second time, in default of defence.
Before either application can go in, your solicitor usually has to send a warning letter giving the Defendant one last window (typically 14 to 28 days) to file their papers. Skipping that step is one of the easier ways to have the application thrown out.
3. The Assessment of Damages
Winning by default doesn't mean a blank cheque. The Defendant's silence is treated as an admission of liability, but the figure is a separate question. You still have to prove what your injuries are worth.
In practice that means a short hearing. The judge reads the medical reports, hears your evidence, and decides the level of compensation.
This is general information, not legal advice. Talk to a solicitor before relying on any of it for your own claim.
Have you been injured at work?
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