How Long After A Workplace Injury Can You Make A Claim?

If you’ve been injured in a workplace accident through your employer being negligent, you may be wondering, “how long after a workplace injury can I make a claim?”. The answer to this question depends on a number of factors.

When making any personal injury claim, there is a typical time limit in which you must begin the process of the claim. The time limit is set in law and is quite strict. However, the time limit is not a case of one size fits all.

How long after a workplace injury can you make a claim guide

How long after a workplace injury can you make a claim guide

Injuries and accidents in the workplace can take many different forms, including slips, trips and falls, accidents with machinery and the contraction of industrial diseases or musculoskeletal disorders. It’s advised that you seek legal advice in regards to your case, as each claim is different, and the time limit on your claim could be dependant on a number of factors.

To discuss the time limit associated with your claim, please get in touch with one of our specialist advisers today on 0161 696 9685. Our lines are open 24 hours a day, 7 days a week. You can also get in touch by filling out a callback form or using the chat feature to the bottom right of this screen.

For more information on personal injury statutory time limits and how long after a workplace injury can you make a claim, please continue reading our guide by navigating through the sections below.

Select A Section

A Guide On How Long After A Workplace Injury Can You Make A Claim

Employers must ensure a workplace is safe, but accidents do happen, and employees get injured. But if your injury was caused by negligence on the part of your employer, then you could be eligible to claim compensation.

It is always best to seek legal advice when you’re interested in claiming compensation for a workplace injury. A specialist solicitor will be aware of the correct time limit, which must be respected. You could lose out on the compensation you’re entitled to if you don’t file your compensation claim on time.

Our guide provides essential information on claiming compensation within the correct time limit. We offer advice on the different factors which affect when the claims time limit starts and how this could affect your claim.

We explain the different damages that a claim could consist of and how these are calculated. Furthermore, we have included a compensation table in our guide. The amounts in the table offer an idea of the value of specific injuries that could be sustained in a personal injury.

Many people are put off claiming compensation because of the cost usually associated with legal representation. However, when an accident at work has a good chance of success, a solicitor could represent you on a No Win No Fee basis. We’ll look at what this means in greater detail later on in this guide.

To discuss an accident at work claim with an adviser and for information on the time limit associated with your case, please get in touch today.

Workplace Injury Compensation Claims Calculator

The table below provides examples of injuries and guideline compensation brackets that could be awarded for them. The part of your compensation that takes into account your injuries is called general damages. The figures in the table are from the Judicial College Guidelines. This is a publication legal professionals may use when putting values on personal injury claims.

Injury TypeDetailsGeneral Damages Awarded (Judicial College Guidelines)
Hand InjurySerious; for example, the hand is reduced to about 50% capacity£27,220 - £58,100
Hand InjuryLess serious; such as severe crush injuries resulting in a severe impairment in function £13,570 - £27,220
Hand InjuryModerate; including injuries such as crush injuries, penetrating wounds and deep lacerations£5,260 - £12,460
Loss of Index and Middle and/or Ring FingersFull amputation£58,100 - £85,170
Thumb InjuryVery serious; appropriate where the thumb has been severed at the base and, despite being grafted back, is virtually useless. £18,390 - £32,850
Thumb InjuryModerate; includes injuries resulting in impairment of function and sensation. £9,080 - £11,820
Neck Injury (i)Moderate; injuries in this bracket may necessitate a spinal fusion. £23,460 - £36,120
Back Injury (i)Moderatel injuries such as the compression or crush fracture of the lumbar vertebrae causing constant pain and discomfort.£26,050 - £36,390
Toe InjuryModerate; this bracket includes relatively straightforward fractures or the worsening of a degenerative condition. upto £9,010
Elbow InjuryMinor to moderate; includes simple fractures, tennis elbow and lacerationsup to £11,820
Head injuriesMinor head or brain injury; in cases such as this, brain damage will be minor if present at all£2,070 to £11,980
Partial Hearing loss and / or TinnitusModerate tinnitus and NIHL or moderate to severe tinnitus or NIHL on its own.£13,970 to £27,890

We can only place a value on an injury when there is a medical report which details the extent of your injuries. Because of this, you’ll be invited to a medical assessment as part of the claims process. Here, an independent expert will examine your injuries and compile their findings in a report, which is then sent on to your solicitor.

Your solicitor will then refer to this report as well as the Judicial College Guidelines to value your claim. These are guideline compensation brackets for a range of injuries of different severities.

The more severe an injury is, the more compensation is awarded in general damages. If you’d like to get a more accurate valuation of the compensation you could be owed, speak to a member of our team today.

How Else You Could Be Compensated

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.

What Are Workplace Injury Claim Time Limits?

As previously touched upon, the time limit to making a workplace accident claim is usually 3 years from the date you were injured. However, it may start from a different point, depending on the circumstances surrounding your accident.

Should a claimant not be able to make a claim because they lack the capacity to do so, whether this is the result of an accident or not, the time limit for claiming can vary. Furthermore, someone who is under the age of 18, or was at the time of the accident, will also be subject to slightly different time limits than in standard cases.

There are also exceptions in the time limit for illnesses caused by negligence in the workplace. This is because the causes of these sorts of conditions may not be easily linked to a particular date.

A member of our team is here to answer any questions you may have regarding the time limit that applies to your claim. Please do not hesitate in contacting an expert adviser today.

Are There Exceptions To The Time Limit?

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.

Common Exceptions To Workplace Injury Claim Time Limits

As previously touched upon above, the time limit for making a personal injury claim stands at 3 years from the date of an injury. That said, there are common exceptions which include the following:

  • The accident occurred when you were a minor (under the age of 18)
  • You were not aware of your injuries until much later
  • You lack the mental capacity to claim

The statutory time limit associated with your accident at work claim may differ depending on your individual circumstances. Because of this, it is best to discuss your case with a legal expert as soon as you can.

How Long After A Workplace Injury Can Under Eighteens Make A Claim?

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.

Workplace Injury Claim Time Limits If You Have Mental Health Issues

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.

Time Limits To Claim For A Workplace Head Injury

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.

How Long Do You Have To Claim For Workplace Mesothelioma Or Asbestosis?

If you developed an asbestos-related disease, such as mesothelioma, a medical diagnosis might only be made years later. In these cases, the 3-year time limit begins once you know, or should have known,  that your condition is linked to employer negligence. This is referred to as the date of knowledge.

Sadly, people can die before a claim can be settled. In cases such as these, a relative or family member can pursue a claim for compensation following their death.

For further advice, please contact a member of our team today

Could I Claim For My Workplace Injury Close To The Time Limit?

It’s always a good idea to get the process of claiming started as soon as possible. The reason being that evidence must be gathered to support your claim, and witnesses must be contacted. Additionally, a medical report must be put together to provide evidence of your injuries.

If you wait too long to start an accident at work claim, you may end up having your case ‘time barred’. This could mean you lose out on being awarded the compensation you’re entitled to.

No Win No Fee Workplace Injury Claim

Providing you can show you have a strong case against your employer, you may be offered representation on a No Win No Fee basis. A No Win No Fee agreement, sometimes called a Conditional Fee Agreement (CFA), sets out the conditions that must be fulfilled in order for your solicitor to receive payment.

When you agree to be represented by a No Win No Fee solicitor, it means the following:

  • No upfront fee to pay your solicitor, and no ongoing fees either
  • If you lose your accident at work claim, you do not have to pay the solicitor for the services they provided
  • If you win your case and you receive compensation, the solicitor’s fees are deducted from your settlement amount. This is referred to as a success fee. The contract with your solicitor will outline the proportion of your compensation that will be taken as a success fee.

For more advice on No Win No Fee agreements, please contact a member of our claims team today.

Talk To Our Team

You may like more advice about the personal injury claims time limit. If so, a member of our team is here to answer questions and queries you may have. We can be reached in the following ways:

    • Call an adviser on 0161 696 9685
    • Talk to an adviser on our Live Chat
    • Fill out the contact page by clicking here

Workplace Injury Resources

More advice about personal injury time limits can be found on the link below:

Citizens Advice

Health and Safety advice in the workplace:

UK Law Health and Safety

You can find more information on the Mental Health Act on the NHS page below:

Mental Health Act explained 

How to prove a workplace injury is in our guide below:

Proving your injury occurred in the workplace

Head injury compensation is covered in our guide below:

Head injury compensation guide

Thank you for reading our guide. We hope to have answered the question “how long after a workplace injury can you make a claim?”.

Page by YS

Published by NS.