What Is The Injury At Work Claim Time Limit?

Have you been injured due to employer negligence? Are you wondering what the injury at work claim time limit is? This guide will explain how long you have to start a claim and what compensation you could receive. We will also give examples of workplace accidents and what evidence to gather to support your claim.

Injury at work claim time limit guide

Accidents in the workplace can result in injuries that can have a significant life-altering consequence on your life. Your compensation may be able to help you cope with the injuries you sustain. It’s important that you start proceedings within the appropriate time limit.

For free legal advice on the injury at work claim time limits, contact our advisors today. They can help give information about the personal injury process and if your claim has a chance, they may pass it to our No Win No Fee lawyers who could provide their expert legal guidance.

Contact our advisors today by:

Calling the number at the top of this page
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Choose A Section

What Is The Injury At Work Claim Time Limit?
Calculating Compensation For A Work Injury Claim
What Types Of Accidents At Work Could Justify Claiming Compensation?
Finding Evidence For Successful Work Injury Claims
Can I Use A No Win No Fee Solicitor?
Further Information About The Injury At Work Claim Time Limit

All employers owe their employees a safe workplace and they need to take all reasonable steps to ensure that this is provided. The Health and Safety at Work etc. Act 1974 is a piece of legislation that outlines this duty of care. If you are injured due to employer negligence, you could be entitled to receive compensation, but you will need to start your claim within the appropriate time limit.

The Limitation Act 1980 outlines the injury at work claim time limit, which is usually:

3 years from the date of the injury.
3 years from the discovery of the injury, for example, industrial asbestos-related illnesses that develop over a long period of time.

There are a few exceptions to the standard 3-year time limits. If you’re under 18, a litigation friend can claim on your behalf and the time limit is suspended until you become an adult. Once you turn 18, if no one has made a claim on your behalf, you have until you are 21 to do so.

If you lack the mental capacity to represent yourself, a litigation friend can claim on your behalf unless you regain your mental capacity. The time limit is suspended while you’re not able to make your own claim.

A litigation friend is an appointed representative that claims on behalf of your best interests. Contact our advisors for more information on the injury at work claim time limit.

Injury At Work Statistics

According to the Health and Safety Executive (HSE), in 2020/21 employers reported 51,211 non-fatal injuries under The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013, with 37,111 cases requiring over 7 days off from work.

In 2020/21, the most commonplace injury location was the upper limbs counting for 18,988 injuries, accounting for roughly 37% of the overall non-fatal reported injuries.

Calculating Compensation For A Work Injury Claim

The amount of compensation awarded depends on the circumstances of your case, such as the type of injury you’ve sustained and the level of pain and suffering it causes you. The pain and suffering that your injury causes you are covered by general damages.

This head of your claim is worked out with the help of the Judicial College Guideline which outlines potential compensation brackets. The following table is an example of the compensation brackets that are included in the JCG:

Injury	Compensation	Notes
Facial disfigurement- Significant (c)	£8,550 to £28,240	Cosmetic disability even after plastic surgery with some diminishing psychological reaction.
Damage to teeth (f)	Up to £35,790	Notable, chronic tooth pain (i.e. untreated abscess) lasting years with deterioration in teeth condition.
Fractures of jaws (iii)	£6,060 to £8,200	Simple fracture necessitating immobilisation with complete recovery.
Moderate foot injuries (f)	£12,900 to £23,460	Displaced fractures of the metatarsals causing deformity and ongoing symptoms.
Modest ankle injuries (d)	Up to £12,900	Less serious, undisplaced or minor fractures, sprains and ligament injuries.
Severe knee injuries (ii)	£48,920 to £65,440	Leg fracture into the knee joint causing constant, permanent pain that limits movement or impairs agility.
Less serious leg injuries (ii)	£8,550 to £13,210	Simple femur fracture with no damage to articular surfaces.
Moderate injuries to the thumb (t)	£9,080 to £11,820	Necessitating arthrodesis of the interphalangeal joint with damage to nerves or tendons.
Severe back injury (i)	£85,470 to £151,070	Most severe injury to nerve roots and spinal cord. Severe disability and pain with incomplete paralysis, notably impaired bladder, bowel and sexual function.
Minor neck injury (iii)	Up to £2,300	Less serious sprains, strains and soft tissue damage that is recovered in three months.

Furthermore, you may receive compensation for special damages for the financial costs incurred due to your injury. Examples of costs that could entitle you to this head of claim include:

Loss of income and future earnings
Travel to and from medical appointments
Medical procedures sought outside the NHS
Child care costs
Domestic care costs, i.e. cleaning, cooking and gardening.

However, it is important to note you will only receive compensation for special damages if you have evidence to back up your claim. Please be aware that injury at work claim time limits only applies to submitting a claim and not resolving it.

What Types Of Accidents At Work Could Justify Claiming Compensation?

To claim compensation, you must prove that your employer breached their duty of care and that this breach caused your injury. An employer’s duty of care refers to their responsibility to take reasonable steps to ensure a safe working environment for their employees.

HASAWA outlines a few steps an employer is expected to take:

Maintaining work systems – Ensuring equipment and tools are kept to an adequate standard. Failure to maintain equipment may result in accidents such as cranes dropping heavy objects from a height.
Providing personal protective equipment (PPE) – Free, suitable PPE should be provided where necessary. Incorrect or defective PPE like torn gloves and handling hazardous substances could cause injuries like contact burns or skin irritation.
General housekeeping – Spills should be cleaned and boxes cleared from walkways. Loose wires can cause trips and falls.
Providing sufficient training and supervision – Employees should receive free, relevant training. Operating machinery like forklifts without proper training can increase the chance of crashes and result in injury.
Risk assessments – According to the Management of Health and Safety at Work Regulations 1999, employers should complete risk assessments to identify, assess, control, record and review controls to lessen the likeliness a risk can cause harm.

Find out how an employer can breach their duty care by contacting our advisors. If you have a valid claim, you could be put in contact with one of our solicitors.

Finding Evidence For Successful Work Injury Claims

If you have grounds to make an accident at work claim, it is important that you gather evidence to strengthen your case. Hiring a No Win No Fee lawyer can help make this process easier because you will benefit from their professional guidance.

Some examples of evidence to collect can include:

Medical records – Seek immediate medical attention to ensure your well-being, as records created by a medical professional can support your claim.
Accident at work book – Workplaces with 10 or more employees are lawfully required to provide a workplace accident book. Complete this to create a timely record of the accident; a colleague can complete it on your behalf if you’re not able to do so.
CCTV footage – You can ask your employer for CCTV footage or ask colleagues for any recordings to support your claim.
Photographs of the injury and accident site – Take pictures of the injury and the accident area.
Witness details – Collect witness details to give to a professional; they can take statements at a later time.

It may be easier to gather evidence as early as possible in the 3-year injury at work claim time limit period; the longer you wait, the more difficult it might be for you to obtain certain kinds of evidence. Find out what other proof you can gather by contacting our advisors today.

Can I Use A No Win No Fee Solicitor?

After inquiring about the injury at work claim time limit and determining whether you are still eligible to claim it may be helpful to hire a No Win No Fee lawyer.

A No Win No Fee agreement commonly refers to a Conditional Fee Agreement (CFA). This can be beneficial in a number of ways.

For example, representation with this kind of agreement in place requires no up-front cost and you won’t have to pay their legal fees if your claim fails. The lawyer will only take a small, legally-capped success fee if your claim is successful.

If you feel that working with a solicitor on this basis could benefit you, speak with one of our advisors today.

Start A Work Injury Claim

To pursue a claim contact our advisors today. If they deem your claim has a chance, they may pass it on to our No Win No fee lawyers. Contact us by:

Calling the number at the top of this page
Using the live chat feature
Filling out our contact form

You may find the following links useful:

How do I know if I’ve broken a bone?

Can I receive Statutory Sick Pay?

HSE – Reporting accidents and incidents at work

Other Injury At Work Claims Guides

Contact our advisors for free legal advice on the injury at work claim time limit today.

Written by Jack Engle

Published by Fern Strauss