A Guide To Work Accident Claim Time Limits – How Long Do I Have To Make An Accident At Work Claim?

time limit for accident at work claim

time limit for accident at work claim

By Michael Patrick. Last Updated 16th February 2021. Welcome to our guide where we will discuss time limit for accident at work claim.

It is fair to state that nobody prepares, nor do they expect to be injured at their place of work. Due to the safety measures that are required by law, it would be fair to assume that the workplace should be a safe and welcoming environment wherever possible. There are job roles known for their hazards and risks, but most employment places should remain as risk-free as possible. Despite employers being required to perform preventative measures, accidents at work are still happening.

When accidents in the workplace occur, they have the ability to cause serious repercussions to your physical health, psychological well-being and your potential earnings. To make a claim for a workplace injury, illness, and industrial ill health, there are some key factors you should be aware of. For example, those who pursue a compensation claim should be aware of the personal injury claims time limit that could affect their eligibility to make a valid claim. This online guide aims to discuss accident time limits in relation to accidents in the workplace and provide factual, enlightening, and useful information.

If you become confused at any point within this online guide, or, if you have questions about the materials being discussed, please contact a member of our team. Our expert and friendly advisors are more than happy to speak with you and answer any questions that you might have. Our phone lines are free to call, and our advisors are available 24 hours a day, 7 days a week.

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A Guide To Work Accident Claim Time Limits

This online guide aims to discuss time limits for accidents at work, how they work, and how they could impact a compensation claim. This online guide aims to cover all the important information regarding an accident at work claim time limit. However, if at any point within this online guide you become confused by the points being raised, then please contact us and speak with a member of our team. They are always happy to answer any questions that you might have.

This online guide aims to answer common questions in relation to workplace accidents, such as;

  • Is there a time limit on accident claims?
  • Is there a time limit for reporting an accident at work?
  • How long do you have to sue after a work injury?

What Is A Workplace Accident?

This online guide aims to discuss accidents within the workplace by highlighting how they are caused, what implications they could have, and how time limits play a crucial role within the claims process. An accident at work has the ability to inflict a wide variety of injuries and suffering that range from minor to major, physical to psychological. A work-related accident is an unplanned or expected event that has the ability to cause an injury, psychological suffering or ill health of an employee. In some scenarios, an accident in the workplace could be caused by an employer’s negligence if they have failed to uphold their duty of care.

Common Types Of Accidents At Work

There are many different types of injuries people could experience at work, and they can differ from industry to industry. From falling debris to a slip and fall, accidents at work can vary, but regardless of the industry that you work in, an employer has an obligation to uphold their duty of care. For example, the Health and Safety Executive (HSE) state that an employer should;

  • Perform risk assessments.
  • Supply safety equipment where applicable.
  • Provide training.
  • Have routine inspections of the working environment.
  • Have regular housekeeping.
  • Have the correct facilities available.

The Report of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) highlights employers’ responsibilities. RIDDOR states that employers are required to report work-related incidents, occupational diseases, and circumstances that are specified as dangerous occurrences/near misses. If there is failure to uphold safety within the workplace and follow these obligations, it could be considered a breach in care duty.

Common Types Of Injuries At Work

There are many different ways in which an accident at work could occur, and as a result, there are different types of injuries and illnesses that an employee could experience. Accidents at work could result in the following injuries;

  • Loss of hearing.
  • Repetitive strain injuries.
  • Concussion.
  • Fractures.
  • Cuts and lacerations.
  • Muscular strains.
  • Chemical burns.
  • Strains, sprains and soft tissue injuries.

Workplace Accident Statistics

Within this particular section of the guide, we wanted to take the time and include some critical statistics that could be extremely informative. The following stats are outlined within “Key figures for Great Britain (2019/20)” provided by the Health and Safety Executive (HSE). However, please note that these statistics are not a direct reflection of negligence. If you have any questions, please speak to one of our advisers.

As outlined by the HSE, there were:

  • 111 Workers killed at work in 2019/20
  • 693,000 Workers sustaining a nonfatal injury
  • 65,427 Employee non-fatal injuries reported by employers under RIDDOR
  • 6.3 million Estimated working days lost due to non-fatal workplace injuries

Eligibility To Make An Accident At Work Claim

If you have been injured due to the negligence of an employer, then you might be wondering what to do after an accident at work? To make a claim against a negligent employer, you will be required to provide evidence that displays the negligent party at fault. So in order to make a claim against an employer, Citizen’s Advice has outlined some steps you should consider taking. In the event of a workplace injury, they suggest that you should;

  • Seek medical attention.
  • Take photographs of the cause of the accident.
  • Report the incident to your place of work.
  • Write down and make as many notes as you possibly can (Describe the incident in detail).
  • Collect the details of those who witnessed the incident.

General Work Accident Claim Time Limits

If you have been injured at work, you might wonder how long you have to sue after a work injury? In the UK, the standard timescale for a claim of this nature is 3 years. This means that you have 3 years as of the negligent event to begin your claim for compensation in basic terms. Alternatively, the time limit comes into action once injuries caused by a workplace accident, such as PTSD, have been officially diagnosed. There are exceptions, of course, which are explained below; however, please call our advisors for a clearer picture please call our advisors.

Work Accident Claim Time Limits For Under Eighteens

If you are under the age of 18 and have been injured at work and considering a compensation claim, then you will need to be aware of a different set of rules and obligations. If you are under the age of 18, then the court will require a litigation friend to act on your behalf. Gov.uk state that a litigation friends duties will include;

  • Making legal decisions on their behalf.
  • Keep the individual informed and up to date.
  • Speak with a legal advisor to gain some advice and support.

If a claim is not made while you are under the age of 18 when you turn 18 you can conduct the claim yourself and you have until you are 21.

What Is The Fatal Work Accident Claim Time Limit?

Unfortunately, there are some scenarios in which a workplace accident could cause a fatal outcome. Occasions such as this are extremely rare, but if a loved one has been fatally injured at work, then you might be wondering what to do. Because claims of this nature are extremely rare, the circumstances will inherently differ. Therefore, we would recommend that you speak with an advisor from our team, as they can provide more of an accurate time frame for a claim of this nature.

When Could You Claim For An Accident At Work After 3 Years?

Like previously stated, there is a three-year time frame in which you must begin your claim for compensation. However, there are some circumstances where an extension could be provided. In most cases, extensions are often awarded to those who experienced injuries that were not immediately present after the event. For example, those who encounter hearing loss due to exposure to loud sounds or those who become ill due to asbestos exposure could be allowed to claim 3 years after they are given a diagnosis even if this is many years after they were exposed to the cause of their suffering. This is because illnesses/injuries of this nature are not present straight away. In order to make a claim of this nature, you must be able to provide evidence that links employer negligence to your illness/injury.

Could I Make An Accident At Work Claim Close To The Three Year Time Limit

If you have been injured due to a negligent employer, then it is advised that you begin your claim within the 3-year personal injury claim time limit. It is often recommended that those injured at work should begin their claim as soon as possible, as cases of this nature may include complex steps such as medical examinations and the evidence collection. Both of these requirements can take quite some time, so in order to make a successful claim, it is often recommended that you begin your claim as soon as possible.

Claims that are made closer to the end of the time limit may struggle to progress in time. This is because it maybe difficult to have everything ready in time. This means that the 3-year window in which the claim should’ve been made may expire.

Work Accident Compensation Claims Calculator

If you have been injured at your place of work, you might be searching for accidents at work compensation examples similar to your particular injury. This section has provided a table that displays different compensation amounts that could be awarded to those injured. These figures are generic and come from the JC Guidelines and do not take into account the cause of the injuries. The table describes the different types of injury, the injuries description, their severity, and compensation amounts.

The figures in this table are only one part of the damages that make up your final amount. They are known as general damages and are awarded for the pain and suffering caused.

InjurySeveritySettlement AmountInjury Description
Brain DamageMinor£14,380 to £40,410In cases such as this, the injured individual would be expected to make a decent recovery and be able to take part in social life and return back to work. They may experience slight difficult with concentration, memory, and persons mood.
Brain DamageSevere£264,650 to £379,100In severe cases, brain injury could inflict a shortness of life expectancy, inability to communicate, behavioural problems. There will be little, if any, evidence of meaningful response to environment, little or no language function, double incontinence and the need for full-time nursing care.
Loss of SightOne Eye£51,460 to £61,690The total loss of sight in one eye would depend of factors such as ache, consequences, cosmetic damage, and the psychological damage. Most claims of this nature would be expected in the higher end of the bracket.
Loss of SightBoth EyesIn the region of £252,180An injury that results in the total loss of sight would be leave the affected individual disabled for life. Claims of this nature are extremely specific to the individual, and the injuries cause, so the compensation awarded will inherently differ.
Asbestos-Related DiseaseSevere£65,710 to £118,150In most cases, those exposed to asbestos will encounter harsh health repercussion. Many people experience lung cancer, a shortness of breath, and even a shorter life expectancy.
Hearing LossTotal Loss of Hearing in One Ear£29,380 to £42,730An injury of this nature would result in the total loss of hearing in one ear. Most cases of the calibre would be at the higher end of the bracket. There are different factors that would play a role in the compensation awarded for this type of injury.
Hearing LossTotal Deafness£85,170 to £102,890An injury of this nature would result in the total loss of hearing. As a result, this would render the affected individual permanently disabled and unable to hear. An injury of this severity would be expected to be in the higher end of the bracket.
Post Traumatic Stress Disorder (PTSD)Less Severe £3,710 to £7,680People who experience minor PTSD symptoms would be expected to make a full recovery in 2 years. However, they may require professional help, which would be achieved through therapy.
Post Traumatic Stress Disorder (PTSD)Severe£56,180 to £94,470Those who experience severe levels of PTSD might be rendered unable to work, have a social life, and could be left with permanent disability.

Special Damages In Claims For Workplace Accidents

If you have been physically, mentally and financially affected by an accident at work, then you could make a claim for compensation if your injuries were directly caused by employer negligence. The personal injury claims process considers a variety of factors to provide a justified and fair settlement. So factors such as the injury, it’s severity, loss of earnings, expenses etc will all be taken into account. Within this section of the online guide, we have outlined the different factors that could play a part in the awarded settlement process and what you could claim for.

Special damages include;

Medical Costs Relating To Recovery – You could claim for any additional costs you face after your work-related injury. For example, you could pursue a time limit for accident at work claim if you have to personally pay for treatment, a prescription, or medicine after an accident at work.

Aftercare Costs – If a workplace accident is extremely severe and renders you unable to take care of yourself, then you might require a career. If that is the case, then this can be factored into a time limit for accident at work claim for compensation.

The Loss of Earnings and Loss of Potential Earnings – You may also be able to claim for a loss of earnings and any future loss of earnings due to an employer’s negligence. If a workplace accident hinders your ability to work and earn a living, then this will be factored into the claims process.

No Win No Fee Work Accident Claims

If you have been injured due to an accident at work, then you might be wondering if you have eligible grounds to make a time limit for accident at work claim. If you have been injured due to a negligent employer and have evidence to prove it, then a personal injury solicitor could offer to handle your claim under a no win no fee agreement.

In simple terms, a no win no fee agreement acts as a mutual arrangement between the solicitor and you as the claimant. The agreement breaks the payment aspect of the claims process into simple terms, stating that the claimant would have to pay a success fee in the event the claim is successful. If a solicitor takes on a time limit for accident at work claim but fails to win an awarded settlement, then the no win no fee agreement could reduce the threat to the claimant’s finances. To discover more information about agreements of this nature, please speak with a member of our team.

Why Choose Us For Your Work Accident Claim?

If you have been involved in an accident in the workplace, then you might have endured an injury or mental distress as a direct repercussion. In the moments where a workplace accident occurs and an injury has been inflicted, it is more than understandable to be confused about your legal position and what to do after an accident at work. Nobody prepares for these types of situations, which is why Accident Claims UK is here to help.

If an employer’s negligence is the direct cause of a workplace accident, why not speak with our team’s advisor? You could have grounds to make a claim for compensation and sue the liable party for the injuries you have suffered. An awarded settlement cannot erase the suffering you have experienced, but it could provide you with financial aid during the recovery process. So if you are searching for a personal injury solicitor to handle your time limit for accident at work claim, Accident Claims UK could connect you with one. We work with a panel of solicitors who are well versed in personal injury law and could handle your potential claim, support you, and provide legal guidance.

Start Your Workplace Accident Claim

If you have been injured at work and are considering a personal injury claim for compensation, why not contact a member of our team? Our expert advisors are available 7 days a week, 24 hours a day, which means they are always happy to take your call and speak with you. Our advisors are well informed and understand personal injury law, which means they can offer free legal advice of no obligation.

If you wish to speak with an advisor, the number to call is 0800 073 8801. In addition to our phone lines, you could enquire online through a form.  A member of our team will review your submission and contact as soon as possible.

Essential References

This online guide should have successfully outlined discussed time limit for accident at work claim and provided relevant information. If you have felt unsure about time limits and how they work, please feel free to speak with an advisor from our team. In addition to this online guide, we have provided some materials that we believe could be extremely informative to those who have been involved in a workplace accident.

Building Site Injury – How to claim against a liable building or construction site.

Stress-Induced Injury – Can I claim for a stress-related injury caused by my workplace?

Assaulted At Work – Could I make a claim?

Criminal Injury Compensation Authority – I was assaulted at work, what do I do? 

Citizen’s Advice – Know your rights whilst pregnant at work. 

Time limit for accident at work claim FAQ

What is considered a workplace accident?

By definition, a workplace accident is when an employee is injured while carrying out their tasks at work. In some circumstances, a workplace mishap could be an unfortunate and blameless turn of events. However, there are some circumstances where a workplace accident could be the fault of a negligent third party.

Can I claim for a accident at work?

If you happen to be injured at work due to your employer’s negligent actions, you could have grounds to make a claim. However, in order to make a claim of this nature, you would be required to provide evidence to support your case. Thankfully, there are numerous types of evidence you can supply to support your case, such as:

  • Photos.
  • Witness statements.
  • Medical reports to confirm injuries.

Do I get paid if I get injured at work?

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