Accident At Work Compensation Claim Time Limits Explained
Workplace Injury Claim Time Limits Explained
If you have had an accident at work which was not your fault you may be able to make a compensation claim. However, some of the most common questions personal injury solicitors receive are about the UK’s personal injury claim limitation period. Below find out the rules and time limits around making an accident at work claim in the UK.
Are You Eligible To Make An Accident At Work Claim?
Accident At Work Solicitor
No matter how many precautions are put in place in a workplace, people across the country still suffer accidents at work. Workplace injury claims can involve injuries which range in severity from relatively minor lacerations, bruising and sprains through to broken bones, severe burns and even amputation in severe cases. In the worst cases, an accident at work can even lead to a fatality.
Any employer in the UK is responsible for the safety and welfare of their staff, as well as any visitors or customers. They must meet health and safety regulations as well as having sufficient (and valid) insurance in place. If you have been injured in a workplace accident, you may be able to make a claim for an accident in the workplace. In general, these claims need to be brought in a three-year accident at work claim time limit.
Accident At Work Claim Time Limits In the UK
Workplace accidents can involve a very wide range of circumstances and injury types. Some of the most common types of accidents in the workplace include the following;
- Workplace slips, trips, or falls.
- Dangerous workplace practices and procedures.
- Poorly maintained equipment or dangerous machinery in the workplace.
- Exposure to hazardous substances.
- Falling objects.
- Negligence.
- Improper or even insufficient training processes.
The standard timescale for a personal injury claims in the UK is three years from the date of the accident or the date of discovery of the injury (unless in exceptional circumstances). This is the known as the ‘date of limitation’ on the claim. For most cases, the three year period will begin from the date of the accident. If the injuries do not present straight away or are accumulated over a period of years (such as exposure to loud noise), the claim will be made from the date the injury is discovered. This is known as the ‘date of limitation’.
Can I Claim For An Accident After 3 Years?
In the UK the general accident at work claim time limit will be three years. This is the timescale for personal injury claims to be made in. However, there are some different accident at work claim time limits. As such, as early as possible you should get expert legal advice.
One of the most common claims for a personal injury case is negligence. Here the time is the standard three years. In order to make a successful accident at work claim, you will need to have settled your case, or proceed to court within the three year period. It is possible for courts to extend the time limit in exceptional circumstances, allowing the court case to pass this deadline. If you are already inside your personal injury claim limitation period it is a good idea to talk to an experienced solicitor as soon as possible. Call our experts today on 0800 073 8804.
Making A Claim Close To The End Of Your Personal Injury Claim Limitation Period
Accident at work claims cases can involve complex and complicated injuries, as well as a complex case. The more complicated parts of a workplace accident claims case (such as medical examinations, or collecting all the necessary evidence), can take weeks or even months to complete. As such, if you are close to the end of your claims limitation period, it can be difficult to complete it, or progress to court in time. If your accident at work case has not been started or has not reached the court stage before the end of the personal injury limitation period, it is likely that the case will be statute-barred. This means that the three-year statute of limitations is expired. This is defined under section 11 of the 1980 ‘Limitation Act’. If you are already moving closer to the end of your limitation period, you should seek expert legal advice as soon as possible.
Timescale For Personal Injury Claims And Extension Of Limitations
Whilst most accident at work compensation cases have a three-year statute of limitations, there are some circumstances where they can be longer. These can include;
If the injuries were not immediately evident (such as in hearing loss and exposure to loud noise claims cases) of caused over a long period of time due to some form of exposure, the claim period will begin from the ‘date of knowledge’ of the injury.
Workplace injuries sustained by under 18’s. They are not entitled to make a claim in their own right till they are 18, with the three-year statutory period running to their 21st birthday.
Accident At Work Compensation Amounts
Below we have created a table with several accident at work compensation examples to allow people to see the value their claim or injury may have. This is not an exhaustive list of workplace injury types, so if your injury type is not listed please contact us for further information on what your claim could be worth.
| Injury | Severity | Amount | Notes |
|---|---|---|---|
| Neck Injury | Moderate | £29,600 - £42,300 | Moderate neck injuries include longer-term damage to the neck. This could restrict neck and shoulder movement as well as causing pain. |
| Neck Injury | Severe | £35,500 - £112, 450 | Severe neck injury may include severe, ongoing pain as well as impaired neck movement and partial paralysis of the neck. |
| Back Injury | Minor | £350 -£9,850 | Short-term or temporary back injuries such as sprains and bruising. |
| Back Injury | Moderate | £30,750 - £8,750 | Longer-term back injuries which may include some loss of mobility in the back. |
| Shoulder Injury | Serious-Moderate | £6,250 - £9,750 | May include lasting tissue damage restricting arm and elbow movement. |
| Arm Injury | Serious-Moderate | £30,100 - £99,750 | Major restriction of movement extending into a disability in the arm. Causes suffering and pain. |
| Elbow Injury | Serious-Moderate | £29,200 - £42,250 | Serious restriction in elbow movement leading to disability or surgery. |
| Hand Injury | Serious-Moderate | £22,500 - £47,750 | Disfigurement of the fingers claimant is left unable to use the hand properly. |
| Wrist Injury | Severe - Mild | £2,550 - £44,500 | Loss of wrist function through to more mild injuries. |
| Leg Injury | Serious-Moderate | £21,750 - £104,100 | Leg injuries which may lead to restricted movement, disability and life-long problems. |
| Knee Injury | Serious-Moderate | £20,250 - £33,200 | Compensation awards will acount for disabilities to the knee, muscle damage and other leg damage. |
The accident at work compensation amounts listed above are taken from the 2017 edition of the Judicial College guidelines.
No Win No Fee Accident At Work Claims
No win no fee accident at work claims are made under a special type of contract which is called a ‘Conditional Fee Agreement’, or CFA. The CFA sets out the different terms and conditions of service between the claimant and solicitor. It will detail what services the solicitor will provide to the client, as well as how much and in what circumstances the solicitor will be paid.
The no win no fee agreement will mean that you won’t have to make any payments if the solicitor is not able to claim and compensation for you. If you are successful, the agreement sets out how they are paid (usually a percentage of your award which is lower than 25% by law). Conditional Fee Agreements are used to help people who may be facing financial pressures or difficulties (such as medical bills) after an injury by offering a way to make a claim without having to make upfront payments. At Legal Expert, the solicitors we work with across the UK don’t make any upfront charges or apply any hidden costs.
How Legal Expert Can Help
Legal Expert work with a dedicated panel of specialist legal solicitors across the country. The solicitors we work with have the knowledge and experience to help you make a successful personal injury claim, getting you the compensation you deserve. To contact our experts call us today on 0800 073 8804. You can also contact Legal Expert and start your claims process by using our online contact form or sending an email. Contact Legal Expert today.
Useful Links
Accident At Work Claims
Find out more about how to make an accident at work claim, how they work and what you could be able to claim for with our handy guide.
Reporting Accidents And Incidents In The Workplace
Guidelines from the Health and Safety Executive (HSE) for how to report accidents and incidents in the workplace.