How Long After An Accident At Work Can I Make A Claim?

Have you been injured at work because of employer negligence? Are you wondering how long after an accident at work can I make a claim? This guide will explain the time limitations to making a personal injury claim and the exceptions to the time limit. It will also explain the possible compensation awards if your personal injury claim is successful.

How long after an accident at work can I make a claim

A guide on how long after an accident at work can you make a claim

If you have any more questions about how long after an accident at work can you make a claim then please contact our advisors today. They can review your claim and determine whether you could receive compensation. If you have a valid  personal injury claim our advisors may offer to pass your claim on to our panel of No Win No Fee solicitors. 

Contact our advisors today for free legal advice on how long after an accident at work can you make a claim by: 

  • Calling us at 0161 696 9685
  • Contact us using our online form 
  • Using the live chat feature at the bottom of the screen

Select A Section

  1. How Long Do I Have After An Accident At Work To Make A Claim?
  2. Exceptions To The Three Year Time Limit
  3. When Should I Start My Claim?
  4. How Long After An Accident At Work Can I Make A Claim? 
  5. Compensation Calculator For An Accident At Work
  6. Call Us To Find Out How Long After An Accident At Work Can You Make A Claim

How Long Do I Have After An Accident At Work To Make A Claim?

All employers owe their employees a safe workspace. However, to make a personal injury claim you must prove that employer negligence or employee negligence resulted in your direct injury. 

The Health and Safety at Work etc. Act 1974 is a piece of legislation that establishes the steps an employer can take in their duty of care to make the work environment reasonably safe for their employees. If an employer breached their duty of care and you were hurt, you may be able to make an accident at work claim.

There are timeframe limitations on when you can start a personal injury claim that usually last three years. Timeframe limitations refer specifically to the time a claimant can start a claim. 

For more information on time limits on personal injury claims and to find out how long after an accident at work can you make a claim please read the following section.

When Does The Time Limit Begin?

The Limitation Act 1980 helps to determine whether you are within the time limits to start a claim. The time limit for starting an accident at work claim is generally:

  • 3 years from the date the injury was inflicted.
  • 3 years from the knowledge of the injury, or the knowledge that the injury was caused by negligence. For example, the first notice of an asbestos-related illness that develops over an extended period of time.

For more information on how long after an accident at work can you make a claim, get in touch with our advisors today.  

Exceptions To The Three Year Time Limit

Outside of the two usual time limits outlined in The Limitation Act 1980, there are exceptions to the 3-year limitations. These exceptions include:

  • If you are under 18, the 3 -year time limit begins on your 18th birthday until your 21st birthday.
  • If under 18, or not of mental capacity, a litigation friend can file a claim on your behalf. A litigation friend is a representative that acts in your best interest. In this case, the time limit may be suspended until the claimant’s 18th birthday or until you have regained your mental capacity. 

Contact our advisors for more exceptions on personal injury claim timeframes now. 

When Should I Start My Claim?

The HASAWA establishes the practicable steps an employer can take to make a reasonably safe working environment. If an employer fails to meet the health and safety regulations this may be a way to prove their negligence. An employer can adhere to health and safety legislation by doing the following:

  • Providing and maintaining work systems – Making sure equipment and tools are maintained to an adequate standard, such as conveyor belts in factories. Poorly maintained equipment may malfunction causing electrocution or crushing injuries.
  • Providing Personal Protective Equipment (PPE) – Providing free, fit for use, PPE where necessary. If an employer provides unsuitable PPE such as a broken respirator around toxic fumes this could cause injury.
  • Providing sufficient supervision and training – Employees should receive free and relevant training to safely perform their jobs. Injuries caused by inadequate training in the workplace can include the unsafe operation of heavy machinery such as cranes dropping heavy goods from a height.
  • General housekeeping – Pathways need to be clear of obstructions and spills. If water from a leaking pipe makes the ground slick this could lead to a slip. 
  • Risk assessments – Employers must conduct thorough and regular risk assessments. Identifying, assessing, controlling, recording and reviewing safety steps to reduce the potential harm posed by risks in the workplace.

Once you are able to prove that your employer has breached their duty of care, you may make a claim. The advantages of making a claim include seeking compensation for general and special damages. 

General damages cover the pain and suffering sustained by the injury, whereas special damages cover the financial costs incurred, for example, you can make a loss of earning claim after an injury

For more information on compensation read on, and for free legal advice on when to start a claim contact our advisor today. 

How Long After An Accident At Work Can I Make A Claim? 

As previously mentioned, there are timeframe limitations for beginning legal proceedings for  an accident at work claim. Generally a claim does not have a time limit in which it must be completed, only when it must be started. To summarise the limitations include:

  • 3 years from sustaining the injury
  • 3 years from discovering of the injury or negligence
  • If under 18, three years from your 18th birthday until your 21st birthday.
  • If under 18, or not of mental capacity, then a litigation friend can claim on your behalf, representing your best interests. The time limit is suspended until you turn 18 or have regained the mental capacity to claim for yourself. 

You can still make an accident at work claim after leaving the company

Contact our advisors today for more information on how long after an accident at work you can make a claim.  

Compensation Calculator For An Accident At Work

If you file an accident at work claim and it succeeds you will be eligible for compensation.

As mentioned before, you are eligible for general damages and possibly special damages. The Judicial College Guidelines (JCG) outline compensation brackets for general damages. General damages are awarded specifically for the suffering inflicted because of your injury. The following table provide examples of these compensation brackets:

InjuryCompensation Notes
Minor Eye Injuries (h)£3,710 to £8,200Minor type injuries like exposure to fumes like smoke, struck in the eye, being splashed with liquids, causing initial pain.
Very Severe Brain Damage (a)£264,650 to £379,100Need for 24 hour care, little to no response to the environment and only the ability to follow basic commands.
General Psychiatric Damage (c)£5,500 to £17,900Although there will be significant disability at the outset there will be marked improvements and a good prognosis.
Post-Traumatic Stress Disorder (a)£56,180 to £94,470Permanent effects preventing employment or functioning at the pre-trauma level. All aspects were negatively impacted,
Mild tinnitus with some NIHL (iii)£11,820 to £13,970Noise-induced hearing loss and mild tinnitus.
Chest Injuries (c)£29,380 to £51,460Chest and lung damage causing some lasting disability.
Lung Disease (b)£65,710 to £91,350Lung cancer -Asbestos-related disease
Digestive system (ii)£15,750 to £26,050Serious non-penetrative injury causing lasting, to permanent, complications like indigestion worsened by straining.
Kidney (c)£28,880 to £42,110Kidney loss with no damage to the other.
Bowels (b)Up to £140,870Complete loss of natural function and colostomy dependence. Depends on age.

Furthermore, as part of your claim, you may be eligible for special damages. These damages cover the financial costs incurred during your injury, such as:

  • Loss of income and future earnings
  • Travel to and from medical appointments 
  • Domestic care costs, such as cooking, cleaning and gardening

For more information on personal injury compensation visit our personal injury claims guidance for a breakdown of compensation for different injuries. 

Call Us To Find Out How Long After An Accident At Work You Can Make A Claim

To begin making your personal injury claim it might be beneficial to hire a No Win No Fee lawyer as they can make the process feel easier. No Win No Fee agreements need no immediate costs and if your claim fails you have to pay none of your lawyer’s fees. If your claim succeeds, then the No Win No Fee lawyer will take a small, legally-capped percentage of your compensation to cover their fees. 

For more information consult our No Win No Fee guide and find out how long after an accident at work you can make a claim by contacting our advisors via: 

Time Limits And Resources

Please see our other articles:

I Hurt Myself At Work, How Do I Claim Compensation?

Will Claiming Against My Employer Create Problems?

How To Make A Successful Personal Injury Claim Guide – Get The Right Help 2022 Update – Injury Compensation 

Please see the below helpful links:

SSP – Statutory Sick Pay

NHS – When to call 999

HSE – Health and Safety Statistics 

Contact our advisors today to find out how long after an accident at work you can make a claim. 

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Published by AL.