What Is The Accident At Work Claim Time Limit?

In this guide, we’ll be looking at the accident at work claim time limit that you’ll have to be aware of before making a personal injury claim. Ensuring that you begin legal proceedings within the limitation period is one of the requirements that you need to meet in order to be eligible to seek compensation. We will explore this and the other criteria that need to be met in more detail throughout our guide.

accident at work claim time limit

What Is The Accident At Work Claim Time Limit?

Additionally, we will explore the process of making a work accident compensation claim, including the steps you can take to gather evidence to support your case.

Furthermore, we’ll look at personal injury settlements, what they could consist of and how they are calculated.

Finally, you can find information on working with a No Win No Fee solicitor from our panel and the ways in which they can help you seek compensation.

For more information, you can get in touch with an advisor from our team. They can offer free advice and answer any questions you might have regarding your potential claim. To reach them, you can:

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  1. What Is The Accident At Work Claim Time Limit?
  2. When Are You Eligible To Make A Work Injury Claim?
  3. How Much Compensation Could You Get From A Workplace Accident?
  4. Evidence That Could Help You Claim Accident At Work Compensation
  5. Claim For An Accident At Work Using Our Panel Of No Win No Fee Solicitors
  6. Learn More About The Accident At Work Claim Time Limit

What Is The Accident At Work Claim Time Limit?

You may be wondering ‘how long after an accident at work can i make a claim?’. Generally, you have three years to begin a personal injury claim from the date of the accident. This is set out in The Limitation Act 1980, but there are some exceptions that could apply.

Firstly, if the person who suffered an injury is under the age of 18, the time limit is paused. This can allow a suitable person to make an application to the courts to act as a litigation friend and begin the claim on the child’s behalf. Alternatively, the child will have three years from their 18th birthday to start their own claim if one hasn’t been made for them already. 

Secondly, if the person who suffered an injury lacks the mental capacity to begin their own claim, the time limit is suspended indefinitely. Whilst it is paused, a court-appointed litigation friend could make the claim on the injured person’s behalf. If the person recovers their mental capacity and no claim has already been made for them, they will have three years from the recovery date to start their own claim.

To learn more about the personal injury claim time limit and discuss whether any exceptions might apply to your specific case, please get in touch using the number above.

When Are You Eligible To Make A Work Injury Claim?

You may be eligible to begin a personal injury claim if you can prove the following:

  • Firstly, that your employer owed you a duty of care during the time and at the location of the accident.
  • Secondly, that a breach of this duty occurred.
  • Thirdly, that you experienced physical injuries, mental harm, or both as a result of the breach. This is negligence.

Employers, as per the The Health and Safety at Work etc. Act 1974, owe a duty of care to their employees. This means that employers have to take reasonable, as well as practicable, steps to ensure the safety of the workplace, environment, equipment and facilities to prevent injury to employees. 

A failure to do so could lead to an accident at work in which you sustain harm. For example:

  • You might sustain a broken forearm after falling from a height due to your employer providing faulty equipment, for example, a defective ladder.
  • You may sustain a severe head injury after being hit by falling objects on a construction site due to your employer failing to provide you with a hard hat. 

To discuss your specific case and find out whether you could be eligible to put forward a personal injury claim following an accident at work, get in touch on the number above.

How Much Compensation Could You Get From A Workplace Accident?

After making a successful accident at work claim, your overall payout could be made up of two separate heads of claim. The first compensates for the pain and suffering, both emotional and physical, that your injuries caused you. Compensation for this is awarded under general damages. 

Legal professionals, including accident at work solicitors, may use the Judicial College Guidelines to help them assign a value to this head of claim. This is a document that contains a list of guideline award brackets which correspond to different types of injuries. The table below contains some of these figures, however you should only use them as a guide.

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Injury Compensation Brackets – Guidelines Notes
Moderately Severe Brain Injury (b) £219,070 to £282,010 Very serious disability that is either cognitive or physical. The person will be substantially dependent on others and require constant care.
Severe Back Injuries (a) (i) £91,090 to £160,980 Injury that involves damage to the spinal cord and nerve roots.
Moderate Back Injuries (b) (i) £27,760 to £38,780 A prolapsed intervertebral disc which requires surgical treatment.
Severe Neck Injuries (a) (i) In the region of £148,330 A neck injury associated with paraplegia that is incomplete.
Severe Leg injuries (b) (i) £96,250 to £135,920 Injuries, such as fractures that have not united and required extensive bone grafting.
Severe Injuries to the Pelvis and Hips (a) (ii) £61,910 to £78,400 A fracture dislocation of the pelvis which results in impotence.
Permanent And Substantial Arm Injuries (b) £39,170 to £59,860 Serious fractures of both or one forearms involving significant residual disability which is permanent.
Severely Disabling Injuries to the Elbow (a) £39,170 to £54,830 An elbow injury that results in a severe disability.
Moderate Knee Injuries (b) (i) £14,840 to £26,190 Injuries that result in minor future disability, such as wasting, weakness and instability.
Uncomplicated Wrist Injuries (e) In the region of £7,430 An uncomplicated Colles’ fracture.

Special Damages When Claiming For Employer Negligence

Special damages are the second head of claim that you could be eligible for following a successful claim. This head aims to reimburse you for any financial losses you have incurred as a result of your injuries. For example:

  • Cost of care
  • Loss of earnings
  • Medication costs
  • Travel expenses
  • Cost of renovations to a home

You’ll have to provide evidence to receive compensation for your monetary losses which can come in the form of bank statements, invoices or receipts. 

For more information on the personal injury settlement you could be awarded following a successful claim, get in touch using the number above.

Evidence That Could Help You Claim Accident At Work Compensation

As mentioned, in order to seek compensation, you need to start legal proceedings within the accident at work claim time limit and prove that employer negligence occurred. Evidence can help to establish when the accident happened and who was liable. For example, you could collect:

  • CCTV footage of the accident.
  • A diary about your injuries, including any treatment you have had and the impact they have had on your life.
  • A copy of your medical records, including scans. 
  • Photographs of your injury and the accident site.
  • A copy of the incident report from the workplace accident book which can provide details on when and how the accident occurred.
  • The contact information of any witnesses.

If you’re struggling to gather evidence to support your claim, an accident at work solicitor from our panel could help you. They have experience handling claims similar to your own and can guide you through the different stages of the claims process. 

To learn more about the services they offer and how these could benefit your case, please get in touch on the number above.

Claim For An Accident At Work Using Our Panel Of No Win No Fee Solicitors

If you have valid grounds to pursue a claim for personal injury compensation, you could choose to make your claim with a No Win No Fee solicitor from our panel. They can offer their services, such as helping you build your case and present it in full within the accident at work claim time limit, under a Conditional Fee Agreement. 

Typically, this means you don’t need to pay for your solicitor’s work as your claim proceeds, as an upfront fee or if your claim fails.

If you’re successful in your claim, you’ll have to pay a success fee from your compensation. However, the amount they can take is restricted by The Conditional Fee Agreements Order 2013, which allows you to keep the majority of your compensation.

For more information regarding your eligibility to make a personal injury claim and work with a solicitor from our panel, get in touch with an advisor. They can conduct a free case assessment and may connect you with a solicitor who could represent your claim on a No Win No Fee basis.

To get in touch, you can:

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Thank you for reading this guide on the accident at work claim time limit. If you have any other questions, please get in touch on the number above.

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