By Jo Jeffries. Last Updated 21st June 2022. Welcome to our guide on the personal injury claims time limit for an accident at work claim. Here, we will answer questions like ‘how long after an accident at work can you claim?’ and ‘can I claim for an accident after 3 years?’ . Further to this, we provide statistics on work-related injury in the UK, and explain how we could help start a claim for an injury at work in the UK if you’re within the accident at work claim time limit. We even answer questions about injury at work claims like ‘can I claim if I’m self-employed?’ Our team hopes that this accident in work claims guidance provides you with all the information you need to make a claim.
I had an accident in work – could I 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.
Work related injury in the UK – Your questions answeredWhen 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 limitation periods 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 about No Win No Fee claims. Our phone lines are free to call, and our advisors are available 24 hours a day, 7 days a week.
Select A Section
- A Guide To Work Accident Claim Time Limits
- What Is A Workplace Accident?
- Common Types Of Accidents At Work
- Common Types Of Injuries At Work From An Accident At Work
- Eligibility To Make An Accident At Work Claim
- General Work Accident Claim Time Limits
- Work Accident Claim Time Limits For Under Eighteens
- What Is The Fatal Work Accident Claim Time Limit?
- When Could You Claim For An Accident At Work After 3 Years?
- Could I Make An Accident At Work Claim Close To The Three Year Time Limit
- Compensation Payouts In An Injury At Work Claim For 2022
- Special Damages In Claims For Workplace Accidents
- No Win No Fee Work Accident Claims
- Why Choose Us For Your Work Accident Claim?
- Start Your Workplace Accident Claim
- Essential References For An Accident At Work Claimant
Welcome to our guide on the personal injury claims time limit for accident at work claims.
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.
How long after an accident at work can you claim? – your questions answered
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?
- How long do you have to sue after a work injury?
- Can i claim for an accident after 3 years?
Before we look at the time limit for accident at work claims, let’s look at workplace accidents themselves.
This online guide aims to discuss accidents causing work related injury in the UK. It does so by highlighting how they are caused, what implications they could have, and how time limits play a crucial role within the claims process. A work accident has the ability to inflict a wide variety of injuries. Suffering could range from minor to major, physical to psychological. A work-related accident is an unplanned or expected event. It is one that has the ability to cause an injury, psychological injuries or ill health of an employee. In some scenarios, an accident in the workplace could be caused by an employer’s negligence. This could happen if they have failed to uphold their duty of care.
There are many different types of injuries people could experience at work, and they can differ from industry to industry. However, all have the same time limit for injury claims.
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.
- Complete 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.
There are many different ways in which an work accident 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.
- Cuts and lacerations.
- Muscular strains.
- Chemical burns.
- Strains, sprains and soft tissue injuries.
Please read on for more information about the time limit for accident at work claims.
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 “Summary Statitics for Great Britain (20120/21)” 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:
- 142 Workers killed at work in 2020/21
- 441,000 Workers sustaining a non fatal injury
- 51,211 Employee non-fatal injuries reported by employers under RIDDOR
You can see what the top causes of workplace injury were below.
If you have been injured due to the negligence of an employer, then you might be wondering what to do after an work accident? To make a claim against a negligent employer, you will be required to provide evidence that displays the negligent party at fault. What’s more, you must be able to accomplish this within the time limit for accident at work claims.
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.
If you have been injured at work, you might wonder how long you have to sue after a work injury? In the UK, the time limit for accident at work claims is 3 years.
Can i claim for an accident after 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.
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.
How long after an accident at work can you claim once you’re an adult?
If a claim is not made before the claimant’s 18th birthday, they will then have the chance to claim for themselves until their 21st birthday. At this point, the time limit for accident at work claims will be the usual period of 3 years.
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.
Like previously stated, the time limit for work accident claims is 3 years. However, there are some circumstances where an extension could be provided.
When can i claim for an accident after 3 years?
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.
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 claims 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 may be difficult to have everything ready in time. This means that the 3-year period for claims may expire.
If you have suffered an injury at work due to third party negligence, you may be wondering how much you could receive should you choose to make a claim for compensation. When you make a successful injury at work claim, the amount you could receive is dependent on a number of factors, including:
- How severe your injuries are
- The effect your injuries have on your life
- How the accident and your injuries affect your mental wellbeing
- Your recovery time
- The cost of your medical care
- If your injuries affect your future employment
These are just a few of the factors that are considered when valuing personal injury claims, and because of this it can be extremely hard to provide a set average payout. However, this does not mean that you cannot get some idea of what you could receive.
Generally, settlements could comprise up to two heads of claim called general damages and special damages. General damages seek to provide compensation for the pain and suffering caused by your injuries.
The 2022 edition of the Judicial College Guidelines (JCG) helps judges, lawyers, and other legal professionals calculate how much personal injury claims are worth by providing guideline compensation amounts. The amounts relate to different injuries at varying levels of severity. You can find some of these amounts in the table below.
|Injury||Severity||Settlement Amount||Injury Description|
|Brain Damage||Very Severe||£282,010 to £403,990||In 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 Sight||Both Eyes||In the region of £268,720||An 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.|
|Hearing Loss||Total Deafness||£90,750 to £109,650||An 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)||Severe||£59,860 to £100,670||Those who experience severe levels of PTSD might be rendered unable to work, have a social life, and could be left with permanent disability.|
|Loss of Sight||One Eye||£49,270 to £54,830||The 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.|
|Brain Damage||Less Severe||£15,320 to £43,060||In 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.|
|Asbestos-Related Disease||Severe (a)||£63,650 to £114,460||In 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 Loss||Total Loss of Hearing in One Ear||£31,310 to £45,540||An 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.|
|Post Traumatic Stress Disorder (PTSD)||Less Severe||£3,950 to £8,180||People 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.|
It’s important to note that these amounts are not guaranteed, and the actual amount you could receive may differ. Contact our advisors today for a free estimated value for your claim, or to learn more about how the accident at work claim time limit could affect your eligibility to claim compensation.
If you have been physically, mentally and financially affected by a work injury, 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, its 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 an claim if you have to personally pay for treatment, a prescription, or medicine after an work accident.
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 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.
If you have been injured due to a work-related accident, then you might be wondering if you have eligible grounds to make a 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 conditional 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 specialist solicitors 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.
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. 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.
How our injury solicitors could help you
As well as adhering to the strict time limits in personal injury compensation claims, you will need to prove that a) an accident took place, b) it was caused by your employer’s negligent actions (or inaction) and c) that you suffered an injury. Generally, in our experience, when you bring a claim, court proceedings will not be required. That’s because if your case is taken on by one of our solicitors, they’ll have checked its chances of success before deciding to work for you.
Evidencing work related injury in the UK
If your claim falls within the personal injury claims time limit, your solicitor will begin by gathering evidence. They’ll also ask you to attend a local medical assessment. Once your claim has been filed, you can sit back and wait. That’s due to the fact that your solicitor will deal with your employer’s insurer so that you don’t need to discuss the case with them. They will contest any objections and supply further evidence if the insurer raises any concerns. Most importantly, your solicitor’s job is to try and make sure you are compensated at the right level.
All in all, having legal representation should make your claim less stressful. It could also improve your chances of winning and being fairly compensated. If you are interested in claiming, and you’re within the personal injury claims time limit, please call our team today.
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.
This online guide should have successfully outlined discussed the time limit for a work accident 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 FAQs
What is the personal injury claims time limit?
In typical cases, this is 3 years from the date of the accident or the date of knowledge (i.e. the date that the claimant realised they were impacted by it). However, exceptions can apply.
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 work accident?
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:
- Witness statements.
- Medical reports to confirm injuries.
How can I establish negligence?
- A third party owes you a duty of care
- Which they fail to uphold
- And you suffer as a result
Should I get a solicitor?
There is no legal requirement to have a solicitor but their expertise and guidance could ease the claims process for you and help you achieve the maximum compensation you deserve.
Where can I find a solicitor for an accident at work claim?
With technological advancements allowing solicitors to connect with clients remotely, there’s no need to stick with a law firm from your local high street. Instead, you can get the best legal help from the comfort of your own home. By calling the number at the top of your screen, you can speak with one of our specialist advisors today and take the first step towards making a claim.
What do Accident Claims do?
In addition to providing free consultations, our specialist advisors can connect you to our panel of personal injury lawyers today if you have grounds to make a claim. They have over 30 years of experience and can handle your claim every step of the way on a No Win No Fee basis.
How can I contact Accident Claims?
You can call the number at the top of this page or scroll up to our contact section for some alternative options.
Violence at work – could I make a claim?
If you have been the victim of violence at work, in some cases you could make a claim for your employer. Your employer should protect you from risks of violence at work and if they don’t, they could be held liable for your injuries. We understand that not all injuries received in such an incident are physical. You could suffer significant psychological injuries from a violent attack at work. Our specialist solicitors, authorised and regulated by the Solicitors Regulation Authority could assist with claiming compensation for mental trauma, PTSD and other psychological injuries. We recognise that these events could be traumatic for you to relive too, so we will handle your claim with the upmost sensitivity. We will also fight for the maximum level of compensation for your claim.
What do I need to prove my injuries?
Not only would you need to be evidence that an accident has happened and that it was someone else’s fault, you would also need to evidence the level and extent of your injuries. If you have visited your GP or the hospital, you may be under the misapprehension that this would be sufficient medical evidence. However, in personal injury claims, you’d need to provide proof in the way of an independent medical report, which would involve you attending an appointment with an independent doctor. They would be able to examine you and write a report which detailed their professional diagnosis of your injury and prognosis.
How long after an accident at work can you claim if you’ve only just discovered your injury was work-related?
If you’re unsure of how long you’d have to claim for work-related injuries in the UK because you’ve only just discovered your injury, we could help.
Generally, you have three years from the date the incident occurred. However, in some cases, claimants may not always realise their injuries were work-related right away. Alternatively, they may not be aware of their injuries straight away, which might be the case with certain industrial diseases.
In these cases, the three years would start from the date of knowledge.
What is the date of knowledge in personal injury claims?
The date of knowledge starts from either the date you became aware of your injuries or the date you became aware that someone else’s negligence caused your injuries.
Can I claim for an accident after 3 years of the date of knowledge?
Generally not, as your claim would become ‘statute barred’. However, the court may be able to offer an extension. If you are getting close to the end of the limitation period, please call our team.
We could tell you if it could be possible to launch a claim for compensation.
What are the most common causes of work-related injury in the UK?
There are various causes of work-related injuries, such as slips, trips or falls on the same level and falls from height.
Can I claim for work-related injury in the UK if it is purely psychological?
If your employer has failed to take reasonable steps to protect you from the risk of psychological injury, you could seek compensation for the harm you sustained.
Please call our team, and we’ll be happy to see if you’re eligible to claim.
Can I claim for an accident after 3 years if I was injured in an accident at work when under 18?
If you were injured in an accident at work when you were under 18, you may be wondering whether you can claim for the accident after 3 years.
In cases where no one has claimed on your behalf by the time you turn 18, you could have three years from the date you turn 18 to launch a claim yourself.
I’m getting close to the accident at work claim time limit and want to claim, what should I do?
If you are close to the accident at work claim time limit and want to claim, please call our team as soon as possible.
We could assess your case to see if your claim is valid and if we could assist you before the limitation period is up. In some cases, a solicitor could file paperwork with the court to give more time for gathering evidence.
Could I make a claim for work-related stress, depression or anxiety against an employer, and would the accident at work claim time limit apply?
If your employer failed to protect you from work-related stress, depression or anxiety, breaching their duty of care towards you, and resulting in psychological harm, you could be eligible to claim against them.
Below, you can see industries which see higher than average rates of such conditions, although not all of these could lead to a claim. These statistics come from the HSE.
Please call us if you believe you’ve suffered such a condition due to a breach of your employer’s duty of care towards you. We could speak to you about your case, including assessing whether the usual 3-year accident at work claim time limit could apply.
Injury at work claims – can I claim if i’m self employed?
One common question we’re asked about injury at work claims is ‘can I claim if I’m self employed?’ The answer to the question depends on whether there was a duty of care towards you that was breached, causing you injury. There are a number of situations where this could be the case.
In some cases, the owner or operator of a building you were working in could be held liable for an injury due to the state of the premises. This is because they could have a duty of care towards you under the Occupiers’ Liability Act 1957. In other cases, if you are working for someone as a contractor, but are self employed, the person who hired you could be held liable if they breach a duty of care towards you, causing your injuries.
Please contact us if you’d like to claim for an injury at work as a self-employed person. We could assess your eligibility to claim.
What affects how long it takes to settle a claim for an injury at work in the UK?
Various factors could affect how long it takes to claim for an injury at work in the UK. These could include the speed at which a liable party admits responsibility, and the fairness of the settlement offer. For example, if they dispute that they are liable, or refuse to accept your injuries are as severe as they are, this could delay your claim somewhat.
Final words on the personal injury claims time limit
Thank you for reading our guide on the personal injury claims time limit for accident at work claims. Hopefully, we’ve answered your questions such as ‘how long after an accident at work can you claim?’ and ‘can I claim for an accident after three years?’. If you have further questions about work related injury in the UK, we’d be happy to see if you could have an accident at work claim.