One question we often get asked is how long after an accident at work can you claim for injuries?
To help you, we’ve provided a thorough yet simple explanation below on the time limit for starting an injury at work claim.
If you’d like to speak with us now to ask about the accident at work claim time limit or to see if you’re eligible to make a claim, you can contact us for free:
- Call 0151 375 9916.
- Contact us through an online form.
- Send a live chat message in the box below.
How Long After An Accident At Work Can You Claim Compensation?
When you decide to make an accident at work claim, it’s important to be aware of the time limit that applies when taking legal action.
From the date of the accident, you have just three years to issue court proceedings.
This does not mean that the claim has to be settled and resolved within 3 years, just that the case has been issued in the court system so that they’re aware of it.
The Limitation Act 1980 sets out the time limits for personal injury claims. If you fail to take legal action in time, you could be prevented from making a compensation claim.
What Is The Accident At Work Claim Time Limit For People Under 18?
Certain exceptions could extend the three-year limitation period. One is where the person hurt in an accident is under 18 years old when it occurred.
They would have to wait until they are 18 to start a claim, meaning the limit covers the period between their 18th and 21st birthdays. However, a court-appointed litigation friend could step in to claim on their behalf before they turn 18, while the time limit is paused.
Other Exceptions To The Claim Time Limit
The pause in the time limit has no end for someone who does not have the mental capacity to claim. For example, they may have suffered a head injury in a workplace accident that has left them incapacitated.
Again, a litigation friend can act in their stead. Should they recover without a litigation friend helping them during the period of pause, the injured person has three years from their recovery date to begin.
Can I Claim On Behalf Of Someone Who Has Died?
Yes, it’s possible to claim on behalf of someone who has died. This may have been a close family member, such as your partner or your child.
As with all accident at work claims, the case must begin within the time limit explained above.
You can learn more about fatal injury claims here.
Are There Other Exceptions To The Accident At Work Claim Time Limit?
In exceptional cases, you could argue for an extension of the three-year time limit. Section 33(3) of the Limitation Act sets out a number of circumstances in which the time limit could be extended. These include:
- The justification or reason for not bringing the claim sooner
- Whether or not the defendant is now at a disadvantage in investigating the case because of the delay. For example, evidence may no longer be available several years on
- The conduct of the defendant, such as in cases where they obstruct the claims process
It’s important to remember that it is down to the judge in your case whether or not to agree an extension of time, and in many cases, such requests are refused. As a result, it’s best to seek legal advice as soon as possible
How We Can Help You
As this guide shows, there are many important factors to a personal injury claim. Our solicitors help people navigate this sometimes complex process, making sure all parts of a claim are arranged and presented efficiently.
Most importantly, they ensure that claims begin within the accident at work claim time limit.
Our personal injury solicitors could offer to represent you on a No Win No Fee basis. Also known as a Conditional Fee Agreement, this contractual arrangement ensures no fee for their work:
- Upfront;
- During the claim;
- At any time if the claim fails.
Your solicitor collects a success fee should the case end with a settlement in your favour. They would claim a small percentage of the compensation awarded to you that is agreed with you in advance. Due to The Conditional Fee Agreements Order 2013, there is a cap on the percentage a solicitor can take.
Our advisors can answer important questions like, ‘How long after an accident at work can you claim’ and ‘How do I make a claim against my employer?’
They can also consult with you on your experience and assess your case. Should they spot a valid claim, our solicitors can get to work right away on your case.
Learn more today, with no fee and no obligation, by:
- Calling 0151 375 9916.
- Going online to contact us.
- Starting a live chat discussion below.
Learn More About How To Claim For A Work Injury
Our guides aim to give you all you need to understand the claims process. You may also be interested to learn more about:
- Head here if you’d like to learn more about claiming for a fall at work, such as the potential compensation you could be awarded
- This guide also offers advice on claiming for a foot injury at work
- Or head here to learn more about accident at work claims generally
These resources could help with your accident at work claim.
- GOV.UK – Seeking Statutory Sick Pay.
- NHS – Request your medical records.
- GOV.UK – Get CCTV footage of an incident.
Thank you for visiting our guide to the question: How long after an accident at work can you claim?
