What Is The Accident At Work Claim Time Limit?

If you have been injured in the workplace as a result of an accident which was not your fault you could be eligible to claim compensation. However, there are strict time limits on personal injury claims. In this article, we help you to understand the accident at work claim time limit, which may be applicable to your case.

How long you have to claim for an accident at work may differ depending on factors such as age, mental capacity and if you are claiming after the death of a loved one in the workplace. We also cover time limits which may be applicable if you were injured whilst working abroad.

To conclude we look at how a solicitor can help with your work accident claim under the terms of a type of No Win No Fee agreement. They can also ensure that your claim is filed within the appropriate limitation period and in full.

Contact an advisor today to check what time limit may apply to your claim. As part of a free consultation, they can assess your claim, including checking to ensure that you are still within the work claim time limits.

To speak with an advisor:

  • Call us now on 0800 408 7825.
  • Send a message using our ‘contact us’ page.
  • Or talk to our team using the live advice feature on this page.

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What Is The Accident At Work Claim Time Limit?

In order to seek compensation, you must meet the work accident claim eligibility criteria as well as start the claims process within the limitation period. While you are at work, your employer must take reasonable steps to keep you safe. This is their duty of care as set out in the Health and Safety at Work etc. Act 1974 (HASAWA).

To make an accident at work claim, you need to show that:

  1. Your employer owed you a duty of care at the time of the incident.
  2. They breached this duty of care. For example, they may have failed to provide you with the correct training in manual handling.
  3. You sustained injuries because your employer failed to adhere to health and safety regulations. For example, due to a lack of training, you suffered a back injury while lifting or handling an object.

Additionally, you must also be within the accident at work claim time limit. For personal injury compensation claims, this generally starts three years from the date of the incident. This is set out in The Limitation Act 1980. However, as we explore throughout this article, the Limitation Act allows for some exceptions to the standard time limit.

Contact our team today to find out more about your rights after an accident at work. They can also help assess whether you are within the accident at work claim time limit.

What If The Injured Person Lacks Mental Capacity To Claim?

As highlighted above, there are exceptions to the standard three-year personal injury claim time limit. If the injured party has a reduced mental capacity (as defined under The Mental Capacity Act 2005), the time limit is suspended.

The claimant may have had a condition that limited their capacity to claim prior to the accident or suffered severe injuries that reduced their mental capacity. However, in either case, the time limit is suspended for as long as they are without the capacity needed to manage a claim on their own. There is no limit on how long the suspension can last.

A Litigation friend may claim on behalf of the injured party whilst the limitation period is suspended. The claimant’s litigation friend could apply to the court to act on their behalf or may be appointed. This role can be filled by a family member, friend, personal injury lawyer, professional advocate, or someone with lasting or enduring power of attorney.

If the claimant does regain the capacity required to manage their own compensation claim, the three-year time limit applies from this date.

To further discuss a suspension in the accident at work claim time limit and find out if you can act as an injured person’s litigation friend, contact our team.

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Is There A Different Claim Time Limit For Children?

If the injured party was under the age of eighteen at the time of the accident they will be unable to claim on their own behalf until they turn eighteen. At this point, the standard three year limitation period will be applicable. This will run between their 18th and 21st birthdays.

Prior to their turning eighteen, a workplace accident claim may be brought by a Litigation friend on their behalf. There are specific procedure rules which apply to child accident claims.

An advisor could take you through the personal injury claims process for child accident claims. They can also explain how the accident at work claim time limit applies in these cases.

What Is The Accident At Work Claim Time Limit For Fatal Accidents?

The accident at work claim time limit in cases involving a fatality works a little differently. The limitation period is still 3 years, and this can be counted from:

  • The date of death, whether at the scene of the accident or later in a hospital.
  • The date of post-mortem or an inquest. This is referred to as the date of knowledge.

Despite the limitation period being the same, who can make the claim can vary. Under the Law Reform (Miscellaneous) Provisions Act 1934, the estate of the deceased has the exclusive right to claim for the pain and suffering caused to the deceased prior to death in the first 6 months.

Once 6 months have elapsed, any dependents can claim for the impact the death had on them under the Fatal Accidents Act 1976 if a claim hasn’t already been made by the estate. You can learn more about fatal accident at work compensation or ask, “How long after an accident at work can you claim?” speak to our advisors using the contact information provided below.

What Happens If I Don’t Claim For Workplace Injuries Within The Time Limit?

Unless the accident at work claim time limit is suspended (as discussed above) a claim must be started within three years of the date of the incident. If a claim has not been started within this period, the claim may become statute or time-barred. This means that you will lose your right to make a personal injury claim.

 

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What Is The Time Limit If I’m Injured Whilst Working Abroad?

How long you have to claim while working in a different country depends on certain important factors:

  • Whether your employer is UK-based.
  • If you work for a foreign company.
  • Whether your employer owed you a duty of care at the time and place of the accident.
  • Whether the employer is actually responsible for the injury caused.

Contact our team for further information on claiming compensation for workplace injuries abroad.

Why Should I Make An Accident At Work Claim On A No Win No Fee Basis?

If you are eligible to make a work accident claim, you may wish to do so with the support of a solicitor. An experienced No Win No Fee solicitor from our panel could help you with your personal injury compensation claim.

They may offer their No Win No Fee services through a Conditional Fee Agreement (CFA). By utilising a CFA you will not be asked to make any up-front or ongoing charges for your solicitor’s work. If you don’t make a successful claim, there will be nothing to pay for their work. If you do make a successful personal injury claim, a success fee will be taken from the compensation awarded to you. This is a percentage that is limited by the law, ensuring that you receive the maximum amount awarded to you.

For more information on how long after an accident at work you can claim, contact our team. They can also discuss how compensation could be awarded in a successful claim, explain the personal injury claims process and talk about what evidence you could submit. Additionally, they can help assess your claim and if it seems valid, they could connect you to a personal injury solicitor from our panel. To speak to a team member:

  • Phone us on 0800 408 7825 to check the accident at work claim time limit.
  • Talk to an advisor using the live chat below.
  • Send a message using our ‘contact us’ page.

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Discover More About Claiming For An Accident At Work

Here you can learn more about personal injury claims:

References related to workplace accidents and safety:

Thank you for reading our guide to the accident at work claim time limit. For more information about how a No Win No Fee solicitor could help you, please contact our team.