By Cat Grayson. Last Updated 5th Septemeber 2023. If you’ve been injured in the workplace, you might be wondering how long after an accident at work can you claim. In this guide, we’ll explain the time limit for making an accident at work claim, which is set out by the Limitation Act 1980.
The time limit given by the legislation above comes with some exceptions. We’ll explain these exceptions, and when you may be eligible to make a personal injury claim while outside the time limit.
Our guide also explains compensation in workplace injury claims. If you have a valid claim, you could pursue up to two heads of compensation; we’ll discuss each head, and how solicitors and other legal professionals calculate these amounts.
Finally, our guide will touch on the benefits of working with a No Win No Fee solicitor on your claim. Read on for more information on claiming for an accident at work, how long you have to claim, and how much compensation you could receive; or, contact our team of helpful advisors for more information. They can offer a free evaluation of your claim when you get in touch by:
Select A Section
- What To Do After An Accident At Work
- Workplace Injury Compensation Claim Payouts
- How Else You Could Be Compensated
- Are There Exceptions To The Time Limit?
- How Long After A Workplace Injury Can Under Eighteens Make A Claim?
- Workplace Injury Claim Time Limits If You Have Mental Health Issues
- Time Limits To Claim For A Workplace Head Injury
- Workplace Injury Claims – What Evidence Will I Need?
- Claim For A Work Injury – No Win No Fee Solicitors
- Workplace Injury Resources
Legislation is in place to help protect employee health and safety and reduce workplace risks. A duty of care is set out in section two of the Health and Safety at Work etc. Act 1974 (HASAWA). This means that your employer must take reasonably practicable steps to reduce risks that employees may face. If you suffer an injury at work that could have been avoided had your employer taken steps to reduce the risks, then you might be eligible to make a personal injury claim.
Call our advisors if you have any questions about your workplace injury and whether you could make a claim.
If you make a successful personal injury claim, you will be awarded general damages. This compensates you for the pain and suffering your work injury has caused you.
Many legal professionals will refer to the Judicial College Guidelines (JCG) to help them value this head of claim. This document details guideline compensation brackets for various injuries. You can view the table below to see some of the amounts listed in the 16th edition of the JCG.
Please only use this table as a guide.
|Injury Type||Details||General Damages Awarded (Judicial College Guidelines)|
|Loss of Index and Middle and/or Ring Fingers||Full amputation||£61,910 to £90,750|
|Hand Injury (e)||Serious; for example, the hand is reduced to about 50% capacity||£29,000 to £61,910|
|Hand Injury (g)||Less serious; such as severe crush injuries resulting in a severe impairment in function||£14,450 to £29,000|
|Hand Injury (h)||Moderate; including injuries such as crush injuries, penetrating wounds and deep lacerations||£5,720 to £13,280|
|Thumb Injury (s)||Very serious; appropriate where the thumb has been severed at the base and, despite being grafted back, is virtually useless.||£19,600 to £35,010|
|Thumb Injury (u)||Moderate; includes injuries resulting in impairment of function and sensation.||£9,670 to £12,590|
|Back Injury (i)||Moderatel injuries such as the compression or crush fracture of the lumbar vertebrae causing constant pain and discomfort.||£27,760 to £38,780|
|Neck Injury (i)||Moderate; injuries in this bracket may necessitate a spinal fusion.||£24,990 to
|Partial Hearing loss and / or Tinnitus (ii)||Moderate tinnitus and NIHL or moderate to severe tinnitus or NIHL on its own.||£14,900 to £29,710|
|Elbow Injury (c)||Minor to moderate; includes simple fractures, tennis elbow and lacerations||Up to £12,590|
|Head injuries (e)||Minor head or brain injury; in cases such as this, brain damage will be minor if present at all||£2,210 to £12,770|
|Toe Injury (e)||Moderate; this bracket includes relatively straightforward fractures or the worsening of a degenerative condition.||Up to £9,600|
For more information on the accident at work claim time limit or to receive free advice, you can contact our advisors.
Personal injury compensation is paid out in two parts. You would receive general damages and special damages in a successful accident at work claim. When it comes to special damages, these will compensate you for financial losses and expenses you’ve incurred as a result of your injuries. In order for special damages to be included in your claim, you need to be able to provide proof. The losses and expenses you could claim include:
- Medical Expenses- All medical costs not covered by the NHS; this includes prescription costs.
- Care Costs- No matter who takes care of you during your recovery, you can claim care costs should you need assistance with daily chores.
- Travel Expenses- You can include the cost of getting to appointments, both medical and to seek legal advice from your solicitor. If you’re unable to drive, you can claim taxi or public transport costs. You could also claim any parking fees you incur
- Loss of Earnings- If you do not bring in your normal wage during your recovery, you can claim loss of earnings. This is for the time you are off work. You may also claim loss of future income if you are unable to carry on working.
Do you need more free advice on what can be included in the special damages head of your claim? If so, simply get in touch with our team today. A specialist adviser is here to answer any questions you have.
There are specific circumstances that can affect the time limit to making an accident at work claim. This includes when the following applies to an accident at work claim:
- The injuries were not immediately apparent, an example being hearing loss due to exposure to loud noise over a long time in the workplace. The 3-year time limit would start from the ‘date of knowledge’. This would be the date that you became aware that your injuries were the result of workplace negligence.
- The injury is sustained when you were under the age of 18. Under 18s aren’t able to claim compensation on their own behalf. So provided that nobody has claimed on your behalf as a litigation friend up until you turn 18, you will then have until your 21st birthday to make a claim.
For more information on the time limit associated with your accident at work claim, please get in touch with a member of our team.
If you sustain a workplace injury and you are under 18 years of age, you cannot make a personal injury claim yourself. You do have the option of having a litigation friend pursue a claim on your behalf.
However, once you turn 18, you can make an accident at work claim yourself, providing that nobody has claimed on your behalf. You have up till your 21st birthday to do so. That said, it is best not to wait until the last minute because gathering evidence takes time, and you could end up missing the deadline.
If you are wondering, “how long after a workplace injury can I make a claim?” please get in touch with an adviser today.
If you were being treated under the Mental Health Act 1993 at the time you were injured in an accident at work, the statutory time limit differs. The 3-year deadline does not begin until you have been discharged by a doctor and your treatment has ended.
If the workplace accident left you suffering from severe injuries that left you mentally incapacitated, the statutory 3-year time limit begins when you regain the mental capacity to make a claim. A litigation friend can claim on your behalf while you lack the capacity to do so
Because this type of accident at work claim is sensitive, it is advisable to get in contact with a special solicitor. This way, you can receive free legal advice on how best to proceed with an accident at work claim.
Sustaining a severe head injury can be life-altering. If the injury you suffered is so serious that you are incapable of making an accident at work claim yourself, a litigation friend can do so on your behalf. The personal injury claims time limit is frozen if a person lacks the capacity to make a claim themselves.
If you do not have a family member to act as a litigation friend, courts have the power to appoint one.
For further advice, please speak to a member of our team.
As we have said, we would recommend beginning a claim as soon as you are able to. The sooner you start your claim after the accident, the easier it could be to gather some forms of evidence.
To successfully claim for a workplace injury, you will need to prove both that you were injured and that it was caused by the negligence of your employer. Evidence types could include:
- Witness contact details (a statement can be taken at a later date)
- CCTV or similar footage or recordings
- Work documents such as emails
- Medical assessment of your injury (which can affect how much compensation you are awarded)
- Photos of the accident site or your injury
- Records of your financial losses.
If you would like to learn more about evidence you could collect for your workplace injury claim and have professional legal help with what to do after your accident at work, please reach out to one of our advisers.
We hope that you have found this guide useful and you now feel you know more about how long after an accident at work you can claim. If you are eligible to claim, we would recommend hiring a solicitor to help you. One of the No Win No Fee solicitors on our panel could help you settle a claim for a work injury.
Solicitors who work under this arrangement could offer you the following benefits:
- You aren’t responsible for their fees if your claim fails
- Typically, there are zero upfront costs involved
- No hidden fees since you agree to any charges before working with your solicitor
Get in touch to find out if you could claim after an injury at work. If you have any further questions on the topic of how long to claim after an accident at work, our advisors can help you at any time. You can:
More advice about personal injury time limits can be found on the link below:
Health and Safety advice in the workplace:
You can find more information on the Mental Health Act on the NHS page below:
Below, you can find links to lots more guides on accidents at work:
- Accidents at work FAQ
- How to make an accident at work claim
- Agency worker accident claims
- How to make a claim if injured as a temporary worker
- I hurt myself at work, can I make a claim?
- Can you sue your employer for an accident while still employed?
- How to prove an injury at work
- Will claiming against my employer create problems?
- Advice on claims if injured working for cash
- Do I need accident at work solicitors near me?
- Employers’ responsibilities after an accident at work
- What happens if an employee does not report an accident or injury at work?
- How long after an accident at work do you have to claim?
- Do I need a lawyer if I get an injury at work?
- New employee had an accident at work – can they claim?
- I had an accident at work, what are my employers’ responsibilities?
- I didn’t take time off work after an accident, can I still claim?
- Who pays my work injury medical expenses?
- How to claim for a work accident
- What to do if I injured myself at work?
- Accidents caused by tiredness and fatigue
- Can you be fired for a work-related accident?
- Foot injuries caused by a lack of safety books
- Could I make a workplace injury claim if I’m not an employee?
- Tendon injury at work claims
- Can you claim for an accident at work if you suffered no injury?
- How to claim for an injury at work when self-employed
- Can I claim if assaulted at work?
- Can I be sacked for having an accident at work?
Thank you for reading our guide. We hope to have answered the question “how long after a workplace injury can you make a claim?”.