How Long After An Accident At Work Can You Claim For Injuries?
This guide will answer the question: How long after an accident at work can you claim for injuries?
As well as explaining the legislation that sets out a time limit for starting a personal injury claim, we take you through the process of proving that you have an eligible case against your employer.
You will get insight into the forms of compensation that can make up a workplace accident settlement and also see how our personal injury solicitors could support your claim under No Win No Fee terms.
By contacting us today, you will gain access to all the information you need about claiming for an accident at work. What’s more, you can also have your potential claim assessed – and all for free. To get started, choose any of the below options:
Browse Our Guide
- How Long After An Accident At Work Can You Claim For Your Injury?
- When Are You Eligible To Make A Work Injury Claim?
- Compensation For An Accident At Work – What Could You Receive?
- Evidence That Could Be Used In Accident At Work Claims
- Use No Win No Fee Accident At Work Solicitors To Help You Claim
- Learn More About How To Claim For A Work Injury
Before setting out on a claim for employer negligence – which we cover in the next section – you must firstly consider the time limit. Typically, you have three years from the accident date to start your case. The claim does not have to be completed within this time.
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 Personal Injury Claim Time Limit
The pause is interminable for someone who does not have the mental capacity to claim. Again, a litigation friend can act in their stead. Should they recover without a litigation friend intervening during the period of pause, the injured person has three years from their recovery date to begin.
While your time limit is likely to be three years from when you were hurt in a workplace accident, it is best to confirm. Our advisors can help with this, so do not hesitate to call.
Starting a claim on time is one of the eligibility criteria for a personal injury claim. Your case also depends on you being able to prove that:
- You were owed a duty of care by a third party.
- The third-party breached this duty.
- The breach led to an accident, causing physical and/or mental harm.
‘Duty of care’ refers to the third party’s responsibility to ensure your safety. In a workplace setting, this third party is likely to be your employer.
An employer’s duty of care is set out by Section 2 of the Health and Safety at Work etc. Act 1974. They must take reasonable and practicable steps to keep employees safe.
Failure to uphold this duty may result in employers being liable for accidents at work. The following show examples of employer negligence:
- Due to a failure tof risk assess a building site, employees without PPE are situated underneath other employees working from height. A falling tool hits a worker and causes a head injury.
- An employee suffers a significant back injury because an oil spillage on the floor was not signposted or cleaned, and they slipped on the unguarded puddle.
- New machinery is introduced, but employees are not given training or guidance. One worker catches their hand in the machine and loses fingers.
Please speak to an advisor today if you have been injured at work because of your employer breaching their duty of care towards you and want to know more about claiming compensation.
As well as asking, ‘How long after an accident at work can I claim,’ claimants may ask: ‘What can I claim if I am injured at work?’
Compensation for an accident at work could be separated into up to two heads of claim. One is general damages, which accounts for the physical and mental harm caused by injuries.
Legal professionals may consult the Judicial College Guidelines (JCG) to help them calculate the value of different injuries.
We have used JCG figures in the table of guideline compensation brackets below, which you can look at as an alternative to a compensation calculator.
This table should only act as a guide as the injury severity and level of compensation would be determined during the case.
INJURY COMPENSATION NOTES
Head - Moderately Severe £219,070 to £282,010 Serious disability features, whether it is cognitive or physical.
Back - Severe (i) £91,090 to £160,980 Spinal cord or nerve root injury to a serious enough level to affect the body in different ways including reduced organ function.
Chest (a) £100,670 to £150,110 A traumatic injury that could bring about serious heart damage or a lung being removed.
Neck - Severe (i) In the region of £148,330 An incomplete paralysis causes a permanent lack of neck mobility.
Leg - Severe (i) £96,250 to £135,920 Leg injuries that are so severe that the compensation awarded is similar to that of amputation cases.
Pelvis And Hips - Severe (i) £78,400 to £130,930 Pelvic fractures are involved in pain significant enough to cause residual disability.
Knee - Severe (i) £69,730 to £96,210 A number of consequences to the injury mean that the injured person must undergo lengthy treatment.
Hand (d) £61,910 to £90,750 The middle, index and/or ring fingers are amputated.
Digestive System (a) (i) £43,010 to £61,910 Severe and harmful damage from a traumatic injury.
Arm - Other (b) £39,170 to £59,860 Forearm fractures leading to functional or cosmetic disability which is permanent.
How To Claim Special Damages Due To Negligence At Work
You could also include a claim for special damages if you receive general damages. This second head of claim compensates for monetary loss from injuries sustained in an accident.
A workplace injury could bring about a number of payments you would not have needed to make otherwise, on top of the potential financial impact of missing work. Special damages could help you cover the likes of:
- Lost earnings if you cannot work while injured.
- Prescription fees.
- Personal care costs.
- Charges for travel made necessary by injury.
- Home or vehicle adaptation.
You must retain receipts, payslips and any other documents proving your expenditure or missed earnings. In the next section, we cover other useful forms of evidence for a personal injury claim.
Please get in touch if you have any questions about either general or special damages.
You may not be able to get evidence at the time you are injured, especially if you have to go to hospital right away. But anything you gather either immediately or later on that shows employer negligence will likely further your claim. This could include:
- Footage from CCTV or a personal device.
- Photographs of the accident scene or visible injuries.
- Medical records.
- A copy of your workplace’s accident book.
- Witness information.
Our solicitors can provide support with collecting evidence. It’s just one of the ways they can make the claiming process easier for clients. You can learn more about this service by calling us and talking to an advisor today.
As this guide shows, there are many important factors to a personal injury claim. Our solicitors help people throughout the 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:
- 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:
Our guides aim to give you all you need to understand the claims process. You may also be interested to learn more about:
- Claims for road traffic accidents.
- Compensation for an accident in a public place.
- Claiming under a foreign jurisdiction.
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?