How long after an injury at work can I claim compensation?
By Stephen Parker. Last updated 21st October 2021. Welcome to our personal injury claims guide, where we’ll look at the question of ‘how long after an injury at work can I claim compensation?’.
If you have an accident at work that wasn’t your fault, then you can usually claim compensation for your suffering. However, there is a time limit for injury at work claims so you the amount of time you have to begin your claim for compensation isn’t indefinite. Once this timescale for personal injury claim has passed then it is unlikely that your case will be heard let alone be successful, so it is important to make your claim within the injury at work claim time limit.
So how long after an accident can you claim compensation? The personal injury claim limitation period is three years. You will have three years from the date of your accident, or the date that your injury was diagnosed and linked to the accident, in order to file a claim for compensation. There are a handful of exceptions, however, which will be looked at later in this guide, but in most cases, you must begin your compensation claim within three years.
Select a section
- A Guide to How Long after an Injury at work to make a claim
- What is the personal injury claims time limit?
- Why there are exceptions to the limit
- Common exceptions to personal injury claims time limit
- Mental health exceptions to injury at work claim time limit
- Asbestosis and Mesothelioma at work Claims Time Limit
- Claims for the under 18 at work claim time limit
- Brain Injury accident at work claims time limit
- Why you need to have a personal injury solicitor on your side
- Legal Expert – Free Guidance on Accident at Work Claims Time Limit
- Contact Legal Expert Today
- Useful Links
If you’re wondering ‘how long after an injury at work can I claim compensation?’, this guide will help.
This guide will explain how to make a personal injury claim yourself within this 3-year time frame as well as outline the few exceptions to this injury at work claim time limit. It will also aim to answer questions such as “I had an accident at work, what are my rights?”, “can I claim for an accident after 3 years?” and “how long do I have to claim?” as well as showing several accidents at work compensation examples in order to give you a rough idea of how much your claim might be worth.
Accidents and injuries at work happen frequently and for a wide variety of reasons. According to statistics provided by the Health and Safety Executive (HSE), an estimated 693,000 workers sustained non-fatal injuries in reported work accidents during the period 2019/20. Around 525,000 of these injuries lead to an absence from work for up to 7 days. Around 168,000 of the injuries led to an absence of over 7 days.
Whatever the exact cause, it is always worth pursuing a potential compensation claim if you’re ever hurt in an accident that wasn’t your fault. If your accident happened a while ago and you’ve only recently started considering a claim, then it’s understandable to ask questions such as how long after an accident can you claim compensation.
When you file a claim for compensation following an accident at work you will be able to include a range of emotional and physical damages which this guide will explain in detail. While you will have three years to file your claim in most cases, it is advisable to begin your claim as early as possible as you may rely on the financial support your compensation pay-out will bring as you recover.
If you’re wondering ‘how long after an injury at work can I claim compensation?’, this section will look at personal injury claims specifically.
A personal injury can be classed as either a physical injury, illness or disease, or a psychological injury or illness. Many people wrongly assume personal injury claims only over physical injuries but you can also claim if you have suffered mentally as the result of an accident. Personal injuries can occasionally result in death, in which case the deceased’s family can file a personal injury claim.
Personal injury claims can include any of the following:
- An injury sustained in a road traffic collision
- An injury after an accident at work
- The development of an illness contracted at work; working with asbestos for example can lead to lung conditions
- Injury from a trip, slip or fall in public
- Psychological injury or illness caused from stress or being victimised or harassed at work or the trauma of an accident, childhood abuse or being the victim of a crime
- Injury or illness caused by medical error or negligence
If you have suffered a personal injury at work then you may want to consider registering an official complaint with your employer. This may be beneficial to refer to if you then decide to proceed with a claim for compensation. if you have had to have any time off work due to your injury or illness then you will be able to claim for lost earnings as part of your personal injury claim. You may also want to consider seeking the help of a counsellor if the injury was particularly traumatic. You can include any costs of this in your claim too.
The injury at work claim time limit is three years. This time limit for accident at work begins on the day of the accident, or the date you discovered that your injury or illness was linked to the accident at work if this date is later.
If you’re wondering ‘how long after an injury at work can I claim compensation?’, you may also be wondering why any time limit exists.
While for the majority of cases the time limit for injury at work compensation claims is three years, there are some exceptions for extenuating circumstances. For example, it would be unfair not to allow a person to claim compensation following an accident at work if that accident had left them in a coma or with severe life-changing injuries that left them permanently disabled. In cases like this, these circumstances would be considered and the injury at work claim time limit may be overlooked.
Some injuries and illnesses may also not manifest until the time limit for accident at work claims has passed. Therefore, these cases may also be heard on those circumstances. If you are in any doubt whether or not you could claim compensation after the three-year time limit has passed then the team at Legal Expert will be able to advise you.
If you’re wondering ‘how long after an injury at work can I claim compensation?’ there are certain exceptions to the time limit that could apply to you.
The next part of this guide will run through some of the most common exceptions to the injury at work claim time limit, however, you should call us at Legal Expert if you are unsure whether or not your claim fits in to any of these categories. It is important that you seek professional advice if you are outside of the standard three-year time period as you will need the legal expertise of a personal injury lawyer in order to get your case heard.
If, at the time of the accident, the victim was being treated under the Mental Health Act 1983, then the three-year time period does not start until the victim has been discharged by their doctor and nay treatment has ceased. If the accident resulted in the injured party being rendered immediately mentally incapable, then the three-year time period will only begin when the person is discharged.
Where mental health is concerned, personal injury claims can be extremely delicate and complex. Call Legal Expert to discuss your claim as we have plenty of experience in this area.
You may be wondering ‘how long after an injury at work can I claim compensation?’ in regards to cases of mesothelioma or asbestos exposure.
As asbestosis and mesothelioma can take years to be diagnosed, the three-year time period only commences once you become aware of the condition and that it was linked to your employment. This is known as the date of knowledge.
Due to the aggressive and often fatal nature of mesothelioma, many claimants, unfortunately, pass away before the completion of their claim. As long as the three-year time limit has not expired during the victim’s life then they family can pursue a claim on the deceased person’s behalf. The three-year injury at work claim time limit will begin from the victim’s date of death.
If you’re under 18 and you’re wondering ‘how long after an injury at work can I claim compensation?’, this section could help.
If you have been injured as an under 18 at work, the time limit for claims does not start until your 18thbirthday, as this is when you’ll legally be able to claim. Once you turn 18, you have until your 21stbirthday to make a claim for compensation.
If you wish to secure your compensation before this, you could have a loved one act as a litigation friend to pursue your claim on your behalf.
Although brain injuries are some of the most serious, the three-year time limit for accident at work claims still stands. If the brain injury is so severe that the person is incapable of filing their own claim then their family may do it on their behalf and the injury at work claim time limit begins on the day of the incident or the day when the injuries were linked to the accident.
In cases where there has been severe brain injury but no family to file a claim, the courts may consider waiving the time limit if the victim has not had the opportunity to file a claim due to their injuries
If you’re wondering ‘how long after an injury at work can I claim compensation?’, you may also be wondering whether you need a solicitor.
All personal injury claims are complex but those which might be outside the standard three-year injury at work claim time limit are even more so as you will need to convince a judge to hear your case in the first place.
Having an experienced solicitor in your corner can really help your case as they will know exactly what evidence you need to firstly, get your case considered, as well as what you need for the best outcome. Having a solicitor represent you will also take a load of stress off your shoulders so that you can focus on your own recovery.
Legal Expert can connect you with an experienced and qualified solicitor to help guide you through your personal injury case and to ensure that your case is heard within the injury at work claim time limit. Our panel of solicitors work on a no win no fee basis so there is not any financial risk on your behalf. Unless you claim is successful, you won’t owe a penny so not only can you be worry free to focus on recovery but you can be assured that our time will try their utmost to get a result for you.
Whether you’re still wondering ‘how long after an injury at work can I claim compensation?’ or you’d like to learn more about the services we offer to help you claim, please contact Legal Expert today.
You can get in touch by calling us on 0800 073 8804 where we will be able to connect you with a solicitor if you have grounds to make a claim.
In the meantime, why not use our live chat feature to get an immediate response from one of our specialist teammembers?
‘How long after an injury at work can I claim compensation?’ and other FAQs
What is the personal injury claims time limit?
Typically, this limitation period is 3 years, effective from the incident date or date of knowledge.
Can I claim on behalf of my child?
If your child is yet to reach their 18th birthday but they wish to secure compensation as soon as possible, it’s possible for you to claim on their behalf by acting as their litigation friend. Once you assume this responsibility, the usual time limit would come into effect.
Can I make a personal injury claim after 3 years?
There are certain exceptions for claimants able to make legal proceedings after the typical time limit has expired. An example of this is cases of historic abuse, where the claimant may only realise the true impact that their experience had on them years later.
Should I get a lawyer?
Though there is no legal requirement for you to have a lawyer in order to make a claim, having one could not only ease your claims process but increase your chances of winning the maximum compensation you deserve.
Where can I get a lawyer?
Look no further than our panel of lawyers to help you make your claim today. They have over 30 years of experience successfully securing clients the compensation that they deserve and could do the same for you.
Should I accept first offer of compensation?
If you choose to work with our panel of personal injury lawyers, you’ll always have their expertise in your side when it comes to making big decisions on your claim. This includes advising you which offer of compensation to accept and when to push for more.
What happens if I lose my personal injury claim?
As all our solicitors work on a No Win No Fee basis, you won’t have to pay their legal fees if they lose your claim. This way, the usual financial risk that’s involved in the claims process is minimized, helping you have peace of mind.
How can I contact Legal Expert?
Please refer to our contact section or use the live chat for an immediate response from one of our specialist advisors.
In this final section of our guide which answers the question how long after an accident can you claim compensation, we’ve provided links to relevant pages and other guides you may find useful.
GOV’s page on compensation as well as expenses and benefits can be found here.
For more advice on different kinds of personal injury claims, you’re welcome to check out the following guides below:
- Cycle Accident Claims
- Office Accident Claims
- Injury Claims Against A Council Or Local Authority
- Hospital Negligence Claims
Thanks for reading our guide, where we’ve looked at the question of ‘how long after an injury at work can I claim compensation?’