This guide aims to explore how long you have to claim for an accident at work. Generally, the time limit is 3 years which can start from different dates. There are also some exceptions. However, we will expand on this later on in our guide.
How long do you have to claim for an accident at work?
It must be noted that to be eligible to make an accident at work claim, you must be able to prove that employer negligence occurred. We will explore what constitutes negligence in more detail throughout our guide.
We also aim to provide answers to the questions:
- Under what circumstances can I claim for injury at work?
- How can I make a work injury claim?
- How much compensation could I get if I sue my employer for negligence?
Additionally, we will examine the benefits of working with accident at work solicitors on a No Win No Fee basis.
Please continue reading to find out more. Alternatively, you can speak directly to an advisor from our team if preferable. To get in touch:
- Call us on 0800 073 8805
- Fill out our ‘Start Your Claim’ online form
- Speak with an advisor using our live chat below.
Choose A Section
- A Guide On How Long You Have To Claim For An Accident At Work
- What Is The Work Injury Claim Time Limit?
- Can You Claim For An Accident At Work?
- What Evidence Do You Need To Make An Accident At Work Claim?
- What Could You Receive From An Accident At The Workplace?
- Use Our No Win No Fee Solicitors To Make A Work Injury Claim
- Learn More About How Long You Have To Claim For An Accident At Work
A Guide On How Long You Have To Claim For An Accident At Work
Before exploring how long you have to claim for an accident at work, we will look at when you could be eligible to seek compensation for a workplace injury.
Not all accidents in the workplace will form the basis of a valid claim. For instance, you might be at fault for the incident rather than your employer. In order to seek compensation, you must be able to demonstrate that negligence occurred. This involves your employer breaching the duty of care they owe you and causing you harm as a result. The injuries you sustain can either be physical or psychological.
The severity of your injuries and their impact on your life can influence how much compensation you receive following a successful work injury claim.
If you would like more information on the work injury claims process, please speak with an advisor from our team. Alternatively, continue reading to learn more about the duty of care your employer owes you.
What Is The Work Injury Claim Time Limit?
How long you have to claim for an accident at work is set out in the Limitation Act 1980. As per the Act 1980, you typically have 3 years to begin a workplace accident claim. This may start from the date of the accident or the date you connected your injuries with employer negligence.
There are some instances where exceptions might apply to the 3-year time limitation. For example, the person may be under the age of 18.
In these circumstances, the time limit can be suspended. During this time, someone can apply to act as a litigation friend on the person’s behalf. If no one makes a claim on their behalf by their 18th birthday, they will have until they are 21 to make their own claim.
Additionally, if the injured person lacks the mental capacity to claim, the time limit can be suspended. During this time, a litigation friend could put forward a claim on their behalf. Alternatively, they will have three years from the date of recovery.
For more information on whether the exceptions could apply to your specific case, please get in touch using the details provided.
Can You Claim For An Accident At Work?
The duty of care that employers owe their employees is outlined in The Health and Safety at Work etc. Act 1974. This central piece of workplace health and safety legislation states that all employers must take reasonable steps to remove or reduce the risk of injury that are posed by known hazards.
If they breach their duty of care and you are caused harm as a result, you may be able to seek compensation.
Examples of workplace accidents that could cause you harm include:
- Your employer might not have provided you with the correct and necessary personal protective equipment (PPE) when working with dangerous chemicals. For example, you may have required gloves and developed occupational dermatitis as you weren’t provided with them.
- Your employer may have failed to provide you with adequate manual handling training. Consequently, you endure a back injury when transporting heavy materials across the factory.
If you would like more information on the types of scenarios that could lead to a personal injury claim, please contact our team. They can also provide further guidance on how long you have to claim for an accident at work.
What Evidence Do You Need To Make An Accident At Work Claim?
It is a good idea to gather as much evidence as possible to support your personal injury claim.
After you have been involved in an accident at work, it is important that you seek medical assistance. This will allow you to receive any treatment that you require. Additionally, your medical records can be used as evidence to help support your potential claim.
Other steps you could take after an accident at work could include:
- Fill out the accident at work book
- Request CCTV footage of the incident
- Take photographs of your injuries
- Gather the contact details of any witnesses
You may also find it beneficial to seek legal advice. One of our advisors could provide further guidance on the process of seeking compensation. They could also advise on how long you have to start an accident at work claim.
What Could You Receive From An Accident At The Workplace?
The settlement you receive following a successful workplace injury claim could comprise two heads of claim.
Firstly, you will receive general damages for the pain and suffering, both physical and mental, you endure due to your injuries.
Below we have included a table with guideline compensation brackets from the Judicial College Guidelines (JCG). This is a document that legal professionals can use to help them value your injuries.
However, as each work injury claim is unique, these figures aren’t guaranteed. As such, you should only use them as a guide.
| Injury | Severity | Compensation Bracket |
|---|---|---|
| Brain Damage | (a) Very severe: The person needs full time nursing care. | £282,010 to £403,990 |
| Hand | (a) Both hands are completely or effectively lost. | £140,660 to £201,490 |
| Foot | (a) Both feet are amputated. | £169,400 to £201,490 |
| Knee | (a) Severe (ii) A leg fracture which impacts the knee joint leading to continuing symptoms, such as limitation of movement. | £52,120 to £69,730 |
| Neck | (a) Severe (iii) Fractures, dislocations and severe soft tissue damage are injuries included in this bracket. | £45,470 to £55,990 |
| Leg | (b) Severe (iii) Serious injuries such as compound or comminuted fractures are included in this bracket. | £39,200 to £54,830 |
| Back | (b) Moderate (i) Different injuries are included in this bracket such as a compression or crush fracture of the lumbar vertebrae. | £27,760 to £38,780 |
| Ankle | (c) Moderate: Less serious disabilities from injuries such as fractures and ligament tears. | £13,740 to £26,590 |
| Dermatitis And Other Skin Conditions | (a) Both hands are affected. There is soreness and cracking and an impact on employment capability. Other issues may also be present. | £13,740 to £19,200 |
Special Damages In A Claim For An Accident At Work
You could also be awarded special damages for any financial losses incurred as a result of your injuries.
For instance, you might suffer a foot injury which means you are unable to drive. Any taxi journeys that you have to pay for because of this may be covered by special damages.
Other costs you could claim back might include:
- Loss of earnings
- Care costs
- Home adaptations
You must remember to keep a record of all financial losses to use as evidence when claiming them back.
For more information on how much compensation you could receive from your workplace injury, get in touch with one of our advisors.
Use Our No Win No Fee Solicitors To Make A Work Injury Claim.
One of the injury at work solicitors from our panel could cover you on a No Win No Fee basis.
Generally, they operate under a Conditional Fee Agreement (CFA) which means there are no fees to be paid for their services upfront or whilst your case is ongoing. Additionally, if your case is lost, there are no fees to be paid for their services.
However, if your claim is won, a legally capped success fee will be deducted from your compensation.
A solicitor can offer many services, such as helping you gather relevant evidence to support your case and advising on how long you have to claim for an accident at work.
To find out whether you are eligible to be represented on this basis, do not hesitate to get in touch with an advisor.
Contact Us For Free To See If You Can Make An Accident At Work Claim
Our advisors are available 24 hours a day, 7 days a week to provide you with free legal advice. They can answer any questions you might have about your potential case, including how long you have to claim for an accident at work.
Additionally, if they find you are eligible to make an injury at work claim, they could connect you with a solicitor from our panel.
For more information:
- Call us on 0800 073 8805
- Fill out our ‘Start Your Claim’ online form
- Speak with an advisor using our live chat below.
Learn More About How Long You Have To Claim For An Accident At Work
Here is some additional reading that you may find useful when looking to claim for accident at work:
- GOV – Statutory Sick Pay
- NHS – First Aid
- GOV – Request CCTV Footage
We have also provided you with some of our own guides related to claiming for an accident at the workplace:
- Tips for making a needlestick injury at work claim
- Why is it important to report an accident at work?
- Making a claim for vibration white finger
Thank you for reading our guide outlining how long you have to claim for an accident at work. If you have any other questions, please get in touch using the details provided.
Writer Beck Pill
Editor Meg Matthews