By Jo Anderson. Last Updated 22nd June 2023. If you want to make a personal injury claim following a workplace accident, you may be unsure what the accident at work claim time limit is.
When making a personal injury claim for an accident at work, an accident in a public place or a road traffic accident, you must by law begin legal proceedings within a certain amount of time.
Within this guide, we shall examine what these time limits are and whether there are any exceptions. We will also look at how you can claim compensation if an accident at work injures you.
Under the Health and Safety at Work etc. Act 1974 (HASAWA) employers owe their employees a duty of care. Therefore, employers must take all reasonably practicable steps to provide a safe working environment for employees. If an employer acts negligently and causes an accident at work in which a worker is injured, the employer may be held liable for their injuries.
If you are injured in a workplace accident, continue reading this guide to see if you are within the personal injury claim time limit. Alternatively, contact our team to speak to a specialist advisor. They can offer a free consultation in which they can identify if you have a valid claim. If you do, they may connect you with one of our expert solicitors.
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- What Is The Accident at Work Claim Time Limit?
- What Is The Accident at Work Claim Time Limit If The Victim Is Under 18?
- Time Limits To Claim If The Victim Lacks Mental Capacity
- What Is The Fatal Accident At Work Claim Time Limit?
- Accident at Work Injury Claims Calculator
- Claiming For An Accident At Work With A No Win No Fee Solicitor
You may wonder how long you have to claim for an accident at work. As we mentioned earlier, if your employer breaches their duty of care and this causes you to sustain an injury, you may be eligible to make a claim.
Under the Limitation Act 1980, the personal injury claim time limit is usually 3 years. This is from either the date of the accident or the date you connect your injuries with negligence. However, there are some exceptions to this. We will go into detail about these exceptions further on in this article.
When Can You Make An Accident At Work Claim?
In order to form the basis of a valid accident at work claim, there are certain criteria that your claim must meet. All employers owe their employees a duty of care. However, your employer must breach this duty, and your injuries must be a direct result of this breach in order to form a valid claim.
To learn more about the limitation periods that could affect your claim, read on or contact our team.
One exception to the three-year time limit is if the victim is under the age of eighteen. Minors under the age of eighteen are not eligible to claim compensation themselves. If you have been injured in an accident at work but are under the age of eighteen, then the time limit will be suspended until your eighteenth birthday. Then, you will have three years, up until your twenty-first birthday, to make your claim.
Alternatively, a litigation friend can claim on your behalf while the time limit is frozen. A litigation friend can be a suitable adult, such as a parent, family friend, or solicitor.
To learn more about how the accident at work claim time limit may affect your claim if you are under the age of eighteen, contact our team of advisors.
Another exception to the accident at work claim time limit is if you lack the mental capacity to claim for yourself. In this case, the time limit is suspended, and a litigation friend may claim on your behalf.
However, if you regain the mental capacity required to make a claim, then the time limit will begin. To learn more about claiming on behalf of someone lacking the mental capacity to claim, contact our team.
If a fatal accident has occurred in the workplace, you may be wondering if you can claim compensation for the deceased. The same three-year rule applies to making a fatal accident at work claim, beginning on the date of death or the date of knowledge.
For example, the date of knowledge could be the date of a post-mortem confirming that the injuries sustained were a result of negligence. Or, it could be the date that an inquest confirms that the fatal injuries were a result of an employer’s breach of their duty of care.
Oftentimes, solicitors and other legal professionals will use a text known as the Judicial College Guidelines (JCG) to help them value settlements for accident at work claims. This is because the JCG provides guideline compensation amounts for a number of physical and psychological injuries and illnesses. You can find some examples of these in the compensation claims table below.
|Injury Sustained||Settlement Payouts||Notes|
|Other Arm Injuries (a) Severe||£96,160 to £130,930||Injuries which fall short of amputation but remain to be extremely serious.|
|Other Arm Injuries (d) Simple Fractures||£6,610 to £19,200||Simple fractures of the forearm|
|Severe Neck Injuries (ii)||£65,740 to £130,930||An injury to the neck which could have damaged cervical spinal discs or other injury resulting in considerable disability.|
|Deafness/Tinnitus - Total Deafness (b)||£90,750 to £109,650||Consideration is given to the presence of tinnitus or speech deficit.|
|Hand Injuries (b)||£55,820 to £84,570||Serious damage affecting both hands and where significant function has been lost.|
|Achilles Tendon Injuries Serious (b)||£24,990 to £30,090||Complete tendon division has been repaired, but there is a lasting weakness.|
|Less Serious Leg Injury (i)||£17,960 to £27,760||Cases where the person made or will make an incomplete recovery from a fracture or a soft tissue injury.|
|Knee Injuries - Moderate (i)||£14,840 to £26,190||These injuries involve dislocations and tears in the meniscus or cartilage, which results in wasting, weakness, and instability.|
|Hernia (a)||£14,900 to £24,170||Continued pain or limited movement in activities, employment and sport after repair.|
|Shoulder Injuries (c) Moderate||£7,890 to £12,770||Frozen shoulder leading to discomfort and limitation of movement.|
These figures are guideline amounts only, and the actual compensation you could receive may differ. Contact our advisors today for a free valuation of your claim.
What Types Of Compensation Can You Claim?
There are two heads of claim you could pursue when you make an accident at work claim. These are:
- General damages: This head of claim compensates for the pain and suffering your injuries cause you. This can cover both physical injuries as well as psychological injuries.
- Special damages: This head of claim compensates for the financial losses you suffer as a result of your injuries. For example, loss of earnings due to the time you take away from work to recover.
If you meet the eligibility criteria to make a personal injury claim, one of our accident at work solicitors may be able to help you with your case. Furthermore, they could provide their services under a Conditional Fee Agreement (CFA). This is a type of No Win No Fee arrangement.
Typically, under a CFA, you would not pay upfront fees for your solicitor’s work on your accident at work claim. Furthermore, you would not pay for their work if your claim doesn’t end with a payout.
If your work accident compensation claim is successful, you will pay your solicitor a legally capped success fee. This fee will be a small percentage that is deducted from the compensation you are awarded.
If you’ve been injured in an accident at work, and you’d like to check whether one of our No Win No Fee solicitors could help you, you can contact our advisors. Our friendly team is available 7 days a week to help answer your questions and offer you free advice for your potential claim.
To contact an advisor today, you can:
Related Accident At Work Claims Guides
Here are some more guides about claiming for a workplace injury:
- Head here to learn more about making an accident at work claim
- Check out more questions and answers with our accident at work FAQs
- What steps should I take when injured at work?
- What should I do if I injure myself at work?
- Will suing my employer create problems?
- Can you make an accident at work claim if not employed by the company?
- Can I still make a claim if injured as a new employee?
- Do I have to be an employee to claim for a workplace injury?
- How to make a defective work equipment claim
- Can you claim unfair dismissal if sacked after a workplace accident?
- Can you claim for an injury during your probation period?
Or, for more resources:
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