Form ELD2 UK: Employers' Liability Disease Claim

What this document is

Form ELD2 is the Claim Notification Form used under the pre-action protocol for low value employers' liability disease claims in England and Wales. It is sent by a claimant (usually through their legal representative) to notify a defendant employer that a claim is being brought for an illness or condition allegedly caused by workplace exposure.

Typical examples include industrial deafness, respiratory conditions linked to dust or chemicals, vibration white finger, and certain skin conditions. The form covers claims broadly valued between £1,000 and £25,000, and it is used to bring the matter into the streamlined Claims Portal process rather than starting court proceedings.

The ELD2 version is the copy that goes to the defendant only, and it contains all the core information the defendant and their insurer need to investigate: the claimant's details, periods of employment, nature of the disease, medical history, rehabilitation needs, and the allegations of breach. Once received, the defendant must acknowledge it quickly and pass it to their insurer without delay.

How to use this document

1. Check the claim fits the protocol. Before anything is filed, confirm the claim falls within the low value employers' liability disease protocol. The claim value should be between £1,000 and £25,000, the alleged exposure must have occurred in the course of employment, and the disease must not fall outside the protocol's scope. Claims involving complex causation or multiple defendants may need to exit the portal.
2. Gather the claimant information. Section A of ELD2 captures the claimant's name, title, address, occupation, and the periods during which they worked for the defendant. If the claim is on behalf of a child or protected party, this is flagged here. Accurate employment dates matter because they anchor the period of alleged exposure and help the defendant's insurer identify the correct policy.
3. Describe the disease and medical picture. Section B asks what condition the claimant is suffering from, when it was diagnosed, whether they have taken time off work, whether they remain off work, and what medical attention has been received. Section C covers rehabilitation: hospital attendance, any rehabilitation recommended by a medical professional, and any ongoing needs arising from the disease.
4. Set out exposure and allegations of breach. Sections C and D explain where the claimant believes the exposure occurred and why the defendant is said to be responsible. This is where the claimant outlines the working conditions, the tasks performed, the substances or hazards involved, and the specific breaches of duty alleged, such as failures in risk assessment, ventilation, protective equipment, or training.
5. Funding, extra information, and statement of truth. Section F deals with any funding arrangements, such as a conditional fee agreement. Section G allows the claimant to include anything else relevant to the claim. The form closes with a signed statement of truth confirming the accuracy of the information provided. Once submitted through the Claims Portal, the defendant must acknowledge receipt promptly and forward it to their insurer.

Common questions