Accident At Work Claim Time Limits Explained

By Danielle Jordan. Last Updated 7th November 2024. In this guide, we’ll explain work accident claims and the time limit for starting these kind of cases.

If you have had an accident at work that was not your fault youc may be able to make a personal injury claim. In this guide, we will discuss when you could be eligible to pursue a personal injury claim, and the limitation period that you must adhere to. Additionally, we will discuss the exceptions that may apply to this time limit. Furthermore, this guide will provide guidance on how personal injury compensation is calculated and the different heads of claim you could receive for a successful case. We will also discuss how one of our personal injury solicitors could help you claim compensation and guide you through court proceedings.

Contact Us Today

If you have any questions about claiming for personal injury compensation or the time limit in which you have to do so, please call 0800 073 8804 to speak to one of our advisors, fill out a contact form for a callback or use the live chat.

Select a Section

1. Time Limit For Accident At Work Claims
2. Can I Claim For An Accident After 3 Years?
3. Are You Eligible To Make An Accident At Work  Injury Claim?
4. Evidence You Could Gather For A Personal Injury Compensation Claim
5. Accident At Work Compensation Amounts
6. No Win No Fee Accident At Work Claims

Time Limit For Accident At Work Claims

If you suffer an injury, you may wonder, how long after an accident at work can you claim? The general time limit to start a personal injury claim for a workplace accident is three years from the date of the incident. This is set under the Limitation Act 1980.

However, the Limitation Act does allow for some exceptions. We will look at these shortly. Additionally, you may like to know how long you have to file a fatal accident claim if your loved one died in an accident at work. We look at the fatal injury claims time limits next.

Fatal Accident Claim Time Limits

If you are claiming on behalf of a loved one in a fatal injury at work claim, the limitation period is set at typically three years by the Limitation Act 1980. This could be three years from the day they died, or from the date that their injuries were connected to negligence, such as following an inquest. As we looked at above, some exceptions to the time limits for personal injury claims apply. These also apply when claiming on behalf of a loved one for their death.

The Law Reform (Miscellaneous) Provisions Act 1934 allows for the estate of the deceased to bring a claim on their behalf for the physical pain and mental suffering they experienced due to the fatal accident. This must be made within the first 6 months following the death.

The Fatal Accidents Act 1976 allows dependants of the deceased to make a claim for the impact the death had on them if a claim is not made by the estate. This must generally be done within 3 years of the death. Under the act a dependant is defined as:

• A current or former spouse or civil partner.
• Someone who lived with the deceased as a spouse for at least two years before their death.
• The deceased’s parent or a person they treated as their parent, such as a stepparent.
• Children of the deceased, or people they treated as their children, such as stepchildren.
• Siblings, aunts, uncles or cousins.

As with other injury claims at work, if you are claiming on behalf of a fatality, you will need to submit evidence. We look at this later on in this guide.

Call our advisors if you need help starting a claim on behalf of a loved one for a fatal accident. The advice they give is free.

Can I Claim For An Accident After 3 Years?

You may be wondering, ‘Can I claim for an accident after 3 years?’. You may be able to under certain circumstances.

As per the Limitation Act 1980 the general time limits for a work accident claim for employer negligence is either:

• Three years from the date you suffered the accident
• Or three years from the date you became aware that negligence caused or contributed to your injury.

The time limit can vary as injuries and their effects are not always apparent from the onset. In some situations, an injury may develop gradually. If you only became aware of your injury at a later date, then your personal injury claim time limit will begin on the date you were made aware of the injury and its connection to the accident, or your employer’s negligence. This will generally be the date of your medical diagnosis for the injury.

There are other factors that can extend your time limit, we’ll discuss a few below but if you have suffered a workplace injury, then please reach out to one of our advisors for more information about the time limit in personal injury claims and how they could affect your claim.

Accident At Work Claim Time Limits For Minors

Under the Limitation Act, those under 18 cannot pursue their own claim. However, a litigation friend can be appointed to make a claim on the injured party’s behalf following a child’s accident. A litigation friend should be someone who will act in the injured party’s best interests, such as a lawyer or parent, for example. Additionally, a child’s time limit does not begin until they reach adulthood. Before their 18^th birthday, a litigation friend is free to claim for the child without time constraints.

Accident At Work Claim Time Limits For Those Lacking The Mental Capacity

If someone with reduced mental capacity is injured in an accident at work, the claim time limit is also suspended. It doesn’t matter if the mental condition of the individual in question was caused by or pre-dates the accident. If the claimant ever reaches the point where they regain the mental capacity to make a personal injury compensation claim without assistance, they would have three years to start this process from the date they recovered this mental capacity. A litigation friend could make a claim for them during the time where the limitation period is suspended.

If you’ve been injured at work, and compensation could be owed to you, get in touch if you have any questions regarding personal injury compensation claims.

Are You Eligible To Make An Accident At Work Injury Claim?

No matter how many precautions are put in place in a workplace, people across the country still suffer accidents at work.

Work accident claims can involve injuries that range in severity. From relatively minor lacerations, bruising and sprains through to broken bones, severe burns and even amputation in severe cases. In the worst cases, an accident at work can even lead to a fatality.

Any employer in the UK is responsible for the safety and welfare of their staff, as stated in the Health and Safety at Work etc. Act 1974. This is their duty of care. Per this duty, they must take reasonable steps to help ensure your health and safety while working. If you have been injured in a workplace accident, you may be able to make a claim for an accident in the workplace.

To be eligible to make a personal injury claim, you must be able to demonstrate the following:

1. You were owed a duty of care by your employer.
2. This duty was breached.
3. You suffered a personal injury as a result of this breach.

It’s possible to claim for an injury at work as a full-time employee or a part-time worker too.

You must also ensure that you start your claim within the relevant limitation period. We will discuss what this is in a later section.

Injury Claims At Work – Examples Of How You Could Be Injured

The statute of limitations in the UK applies to injury claims at work. However, an injury at work compensation claim can only made if your injuries were caused by employer negligence. This is when they breach the duty of care they owe you, and you are injured as a result.

Here are some examples of instances where you could make a compensation claim for an injury at work:

• Slips, trips and falls – If your fall has been caused by certain hazards that your employer was aware of but were not handled in due time, then you could claim if you’re injured as a result.
• Inadequate training – Some roles in the workplace require specialised equipment that can be dangerous if not used properly. Your employer must supply sufficient training before you use such equipment, otherwise, you could suffer a personal injury.
• Not supplying PPE – Hard hats, steel toecaps, and safety goggles are all among the protective equipment you may need to be safe at work. If your injury could have been avoided by the provision of this equipment, then you could have a valid claim.

Get in touch today for more examples, and information on the personal injury claim time limit in the UK. They could also help answer any questions you may have about the personal injury compensation claims process.

Evidence You Could Gather For A Personal Injury Compensation Claim

In addition to adhering to the time limit for accident at work claims, you will also need to provide sufficient evidence to prove the liability of your employer. Examples of evidence you could collect include:

• Medical records highlighting the extent of your injuries such as examination notes, scans and the results of any tests that were performed.
• Photographs of your injuries and the scene of the accident.
• If available, you have the right to request CCTV footage that you appear in.
• Employers with 10 or more employees need to keep a workplace accident book. You can take a copy of your incident report.
• Other persons who saw you get injured could be called upon to provide a witness statement. Make sure you have their contact information so their statement can be taken during the claim.

For more information regarding evidence collection or to ask our team, “How long after an accident can you claim?” get in touch today using the contact information given below.

I Suffered A Personal Injury At Work – Am I Owed Sick Pay?

If you suffered a personal injury at work and need to take time off to recover, you may be able to receive sick pay. However, this will depend on your contract and whether your employer offers this.

Alternatively, you may be eligible to receive Statutory Sick Pay (SSP). You could receive up to £109.40 per week in SSP. This is paid to you by your employer for up to 28 weeks. To be eligible to receive SSP, you would need to meet the following criteria:

• Be classed as an employee and have done some work for your employer.
• Have been off work for at least 4 days in a row, including non-working days.
• Earn an average of at least £123 per week.

If you make a successful personal injury claim, you could also be compensated for your loss of earnings under special damages. We’ll look at special damages and how compensation is awarded later in this guide. You can also head here to learn more about your legal rights after an accident at work, such as advice on sick pay.

Contact our advisors to learn more about seeking compensation for the way your injuries have affected you. They can also discuss the time limit on personal injury claims in more detail.

Accident At Work Compensation Amounts

If you suffered due to a work place injury, you might be interested to learn how compensation could be awarded in a successful claim. In this section, we examine injury at work compensation.

You may have used our compensation calculator to estimate how much your injuries could be worth. However, a calculator may not be able to consider all aspects of your claim when providing a figure. For example, some claims include special damages, which we look at shortly.

General Damages

To compensate for the pain and suffering caused by your injuries, you will be awarded general damages if your injury at work claim is successful. When assigning value to this element of a personal injury claim, legal professionals use the Judicial College Guidelines (JCG) to help them. The JCG lists injuries in varying severities alongside compensation brackets.

In our table below, we’ve provided a selection of potential injuries you could suffer at work with compensation brackets from the JCG. It is not representative of what your claim could be worth and is provided for guidance only.

Compensation Table

We should also note that the first entry of this table has not been taken from the JCG.

Special Damages For A Personal Injury Claim

As stated above, some claims may include special damages. Under special damages, you could claim compensation for any expenses incurred due to your injuries. It is likely you will need to submit proof of your costs, such as receipts.

Examples of special damages that might be recovered include:

• Medical expenses, such as plastic surgery or therapy required to cope with your injury.
• Loss of earnings, including present and future earnings as well as pension contributions and missed bonuses.
• Home adaptions, such as fitting a ramp and railings or a stairlift.

If you would prefer, our advisors can value your claim for free. They can discuss your individual circumstances and provide free advice on how to claim compensation. Call the number at the top of the screen to find out more.

No Win No Fee Accident At Work Claims

When making a claim for a work injury, you may want to consider legal representation. One of our accident-at-work solicitors could help you claim compensation by offering their years of experience and knowledge. They can help you with gathering evidence, guide you through court proceedings and negotiate a settlement on your behalf. They may also offer to represent you under a specific type of No Win No Fee agreement called a Conditional Fee Agreement.

There are many benefits of being represented with a No Win No Fee agreement, such as:

• You are usually not expected to pay anything upfront for your solicitor to begin working on your claim.
• If the claim is successful, you will pay your solicitor a success fee from your compensation. The amount that your solicitor can take as a success fee is capped by law.
• However, if the claim fails, you will not be expected to pay your solicitor for their services.

Contact Our Advisors To Discuss Your Personal Injury Claim

Contact our advisors today if you have any questions concerning your potential claim or their personal injury claims time limits. If they believe that you may be eligible for compensation, they could connect you with our work injury solicitors.

To contact our experts, call us today on 0800 073 8804 for a free consultation. We can tell you whether you’re within the time limit for accident at work claims to how much compensation you could be eligible for. You can also contact Legal Expert and start your work accident claims process by using our online contact form or sending an email.

Additional Information Regarding Personal Injury Claim Time Limits

Further personal injury claim guides by us:

• A guide about 6 surprising injuries you could make a personal injury claim for.
• Information if you are a new employee that has been injured at work and whether you can make a personal injury claim.
• Advice on what to do if your solicitor missed the limitation period in your accident at work claim.
• You can also view our guide on making a transportation and logistics accident claim.

Other resources:

• Gov.UK – Statutory Sick Pay (SSP).
• Health and Safety Executive (HSE) – Managing risks and risk assessment at work.
• NHS – Health A to Z.

Thank you for reading our guide to work accident claims and the time limit for accident at work claims. Contact our personal injury specialists if you have any questions regarding the personal injury claims process.