By Stephen Hudson. Last Updated 9th July 2024. This is our guide on the time limits involved when making an injury at work claim. It’s important to know how long you have to claim for an accident at work.
If you miss your window of opportunity, then your claim could be time-barred. Time limits can also differ depending on considerations such as age and mental capacity.
If you have any questions such as, “how long after an accident can you file a claim?”, continue reading. If you need additional advice and guidance, get in touch with our advisors today:
- Call us on 0800 073 8804
- Talk to us about your claim online
- Use the pop-up chat window in the corner
Select a Section
- How Long After An Accident At Work Can I Claim Compensation?
- What Are The Exceptions To The Accident At Work Claims Time Limit?
- Am I Eligible To Claim For A Work Injury?
- Evidence That Can Support Work Injury Claims
- Injury At Work Claims With No Win No Fee Solicitors
How Long After An Accident At Work Can I Claim Compensation?
A lot of people don’t know that there is a time limit in place when it comes to claiming compensation for a workplace injury. The accident at work claim time limit is outlined in the Limitation Act 1980, which is a piece of legislation that outlines how long you have to make different kinds of compensation claims. So, how long after an accident at work can you claim?
Usually, you’ll have three years to start an accident at work claim. This means you need to begin proceedings within three years of either suffering your injuries or connecting your injuries with negligence.
For example, if your hand was crushed by a faulty machine, you would have three years from the date of the accident to claim. But if you only found out that your employer knew the machine was faulty five years after the accident, the time limit would start on the date of knowledge.
Don’t worry if you are outside of the time limit because you may still be able to make a claim. We’ll discuss the exceptions outlined in the Limitation Act in the next section, so read on to learn more, or contact our team to get started.
What Are The Exceptions To The Accident At Work Claims Time Limit?
In some circumstances, after an accident at work, how long you have to claim can differ and exceptions to the three-year time limit may be made. For instance, if the injured party is under the age of 18, then the time limit is suspended. A claim could be made on the injured party’s behalf, while this time limit is frozen, by a court-appointed litigation friend. Otherwise, the injured party will have three years to start their own claim from the day they turn 18.
If the injured party lacks the mental capacity to claim on their own, then the time limit will be suspended indefinitely. A court-appointed litigation friend can make a claim on their behalf during this time, but otherwise, the time limit will only be reinstated if the claimant regains the needed mental capacity. In these instances, the three years would run from the recovery date.
You can contact our advisors for free today if you would like more advice on making an accident at work claim and the time limit for starting legal proceedings.
Am I Eligible To Claim For A Work Injury?
Now that we’ve discussed how long after an accident you can claim, we’ll explore what makes a claim valid.
In order to form the basis of a valid personal injury claim for a work injury, you must be able to prove that your employer owed you a duty of care and that you sustained your injuries because they failed in this duty.
Employers owe their employees a duty of care under the Health And Safety At Work etc. Act 1974 (HASAWA). Under this legislation, employers must take all reasonably practicable steps to keep their employees safe in the workplace. This includes a number of responsibilities, such as ensuring they provide adequate training and undertaking risk assessments.
If this duty is breached, and you suffer injuries as a result, then you may be eligible to make a personal injury claim. As we’ve already mentioned, you must also be within the correct time limit to be eligible to claim.
To learn more about making an accident at work claim, contact our team of advisors today. They can offer more information on the claims process and can help you identify whether or not your claim is valid.
Evidence That Can Support Work Injury Claims
As part of the claims process, you will need to prove that your workplace injuries were caused by employer negligence. Under the Health and Safety at Work etc. Act 1974 (HASAWA), your employer owes you a duty of care. This means that your employer must take all reasonably practicable steps to ensure the health, safety and welfare at work of their employees. If you would like to claim for an accident, you will need to prove that a breach in this caused your injuries.
Evidence you could submit to claim for an injury could include:
- Accident log book.
- Photographs of the accident scene.
- Medical records.
- Photographs of visible injuries.
- Witness contact details.
A solicitor specialising in accidents at work could help you gather evidence and ensure that it is submitted within the personal injury claims time limit.
Call our advisors to find out more about how long after an injury you can claim.
Injury At Work Claims With No Win No Fee Solicitors
One of our experienced solicitors could help you with your personal injury claim for an injury at work. They may offer you a type of No Win No Fee agreement called a Conditional Fee Agreement.
When working with a solicitor under this arrangement, you aren’t responsible for paying your solicitor for their work if your claim is unsuccessful. However, if your claim is a success, you will pay a success fee to your solicitor. This fee will be deducted from your compensation, and the percentage that this fee can be is legally capped.
Contact our advisors to see if you could be eligible to work with one of our work injury solicitors. They can also give you free advice and answer any of the questions you have that this guide may have not covered.
Contact Legal Expert today
Whether you’re still wondering ‘how long after an injury at work can I claim compensation?’ or you’d like to learn more about the services we offer to help you claim, please contact Legal Expert today.
- Call us on 0800 073 8804
- Talk to us about your claim online
- Use the pop-up chat window in the corner
Thank you for reading our guide on the time limit for claiming for an injury at work.
