We have prepared this guide if you want to know about the accident at work claim time limit. In it, learn about the time limit you have to file for compensation and what exceptions apply. We explain the legislation that governs workplace health and safety and the duty of care all employers owe their employees. Also, we take a look at workplace injury statistics and your rights after an accident in the workplace.
Accident at work claim time limit guide
We explore potential causes of workplace accidents and how they could have resulted from a breach of duty of care. We also look at examples of evidence you could gather to prove employer negligence.
If you decide to claim compensation, you may recognise the benefits of doing so with the help of a lawyer. We explain No Win No Fee arrangements and how one might help your claim. This guide will also include examples of compensation payouts, and we address how settlements are valued. In addition, we explain special damages with examples of what you could recover costs for.
Our advisors are ready to help you start your claim today and you can use the details below to get in touch:
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Choose A Section
- What Is The Accident At Work Claim Time Limit?
- Potential Work Accidents
- What Goes Into Proving An Accident?
- Compensation Within The Accident At Work Claim Time Limit
- How Soon Could I Start A No Win No Fee Agreement?
- Discover More About The Accident At Work Claim Time Limit
What Is The Accident At Work Claim Time Limit?
The Health and Safety at Work etc Act 1974 (HASAWA) governs health and safety in the workplace. It states that your employer is required to take reasonably practical steps to reduce workplace hazards; this is their duty of care.
You may experience a workplace injury if your employer breaches this duty of care in a way that causes you to be injured. If you choose to claim compensation there is an accident at work claim time limit to begin your claim. This is typically three years after your workplace accident, or the date you connected your injuries with negligence.
However, some exceptions apply:
- Under 18 at the time of the injury. You have three years after you turn 18 to start the claims process. While you’re underage, a litigation friend can claim for you and the time limit is suspended.
- Lack of capacity to claim. The time limit is suspended unless you recover. While it’s suspended, a litigation friend can claim on your behalf.
Contact our advisors today to begin the accident at work claims process before the accident at work claim time limit runs out.
Work Accident Statistics
Workplace injury statistics are collected by the Health and Safety Executive (HSE), including those recorded under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) 2013.
Of the 51,211 employees to experience a non-fatal injury in 2020/21:
- 16,698 experienced a slip, trip and fall on the same level
- 4,143 fell from a height
- 1,860 came into contact with moving machinery.
Potential Work Accidents
All employers owe a duty of care to take reasonable steps to reduce workplace hazards under HASAWA. Injuries could occur when this duty of care is not adhered to. As a result, you may be able to claim.
Workplace injuries could be caused by:
- Faulty machinery. Your employer is expected to ensure all equipment checks are up to date. A piece of heavy machinery that is not properly secured, for example, could fall onto a worker, resulting in a crushing injury. The risk could be identified at inspection and the machine should not be used until it is repaired.
- Inadequate training. Whatever training is necessary to safely carry out work duties should be provided free of charge. An amputation injury could occur, for example, if an employee does not know how to safely use a circular saw.
- Lack of personal protective equipment (PPE). If PPE is required to safely carry out your work duties, your employer needs to provide it for free. Heat-resistant gloves may prevent burn injuries when welding, for example.
If you have experienced a workplace injury our advisors are ready to start your claim before the accident at work claim time limit expires.
What Goes Into Proving An Accident?
To claim compensation, you need to be able to prove your employer breached their duty of care, resulting in the accident in which you were injured. Steps taken following an injury could help strengthen your claim.
Here are a few examples of steps you could take:
- Seek medical attention. Medical records could be submitted as evidence. If claiming compensation, you might be invited to an independent medical assessment for a more thorough investigation of your injuries.
- Note witness contact details. If there are any witnesses you could gather their contact details and they may supply a statement at a later date.
- Request CCTV. You could request CCTV footage of yourself from the relevant person.
- Fill in the accident log book. All workplaces with ten or more employees are expected to have an accident log book. You could include your name, the time and date, and any relevant details. This could be used to prove the accident at work claim time limit.
- Contact legal experts. No Win No Fee solicitors might make the claims process seem easier.
Our advisors are ready to discuss employer negligence 24 hours a day, seven days a week.
Compensation Within The Accident At Work Claim Time Limit
If you decide to seek compensation, your claim could consist of two heads: general damages and special damages. We’ve included some information about each head below.
General Damages
To compensate for your physical injuries as well as any emotional distress suffered, you claim under the general damages head. To help place value on your injuries, legal professionals can refer to the Judicial College Guidelines (JCG).
Listed within this document are different injuries alongside their associated guideline compensation brackets. We’ve included some extracts from these guidelines below.
| Injury | Potential Compensation | Notes |
|---|---|---|
| Moderately severe brain damage (b) | £219,070 to £282,010 | The person with brain damage will have a very serious disability. |
| Moderately severe post-traumatic stress disorder | £23,150 to £59,860 | The person will have a better prognosis than in severe cases due to receiving professional help. |
| Partial hearing loss/tinnitus (d) (v) | £7,360 to £12,590 | Occasional or slight tinnitus with slight noise-induced hearing loss. |
| Chest injuries (b) | £65,740 to £100,670 | Traumatic injury to the chest, lungs or heart with permanent damage and impairment of function that results in disability and lowered life expectancy. |
| Asbestos-related disease (a) | £63,650 to £114,460 | Where severe pain, function impairment and an impact on quality of life is caused by mesothelioma. |
| Foot injuries (c) | £83,960 to £109,650 | Very severe injuries that cause pain that is severe and permanent. |
| Moderate back injuries (b) (ii) | £12,510 to £27,760 | Injuries in this bracket are encountered frequently such as ligament and muscle disturbance that cause back ache and other issues. |
| Loss of one arm (b) (ii) | £109,650 to £130,930 | Where the arm is amputated above the elbow. |
| Less serious leg injuries (c) (iii) | Up to £11,840 | Tibia or fibula fractures that are simple or injuries to the soft tissues are included in this bracket. |
| Fractures of the nose or nasal complex (c) (iii) | £2,520 to £3,150 | Displaced fracture needing nothing other than manipulation. |
Special Damages
To recover costs that occurred due to your injuries, you could claim under special damages. However, you must supply evidence, such as receipts.
Examples of special damages could include:
- Loss of income. Even if you are eligible for statutory sick pay or part of a sickness payment scheme, you could recover your lost earnings if you didn’t receive full pay.
- Travel expenses. Mileage, bus fares or taxi fares that you’ve incurred to get to and from medical appointments could be included in your claim.
- Medical expenses. This could include plastic surgery or other treatment to minimise the appearance of scars.
Estimates of your potential general damages and what you could claim under special damages are available from our advisors. Get in touch today for free legal advice.
How Soon Could I Start A No Win No Fee Agreement?
If you decide to claim compensation, you might like to do so with the help of No Win No Fee lawyers; their guidance, support and legal expertise can make the claims process seem easier. No Win No Fee solicitors could help file your claim before the accident at work claim time limit runs out.
A No Win No Fee arrangement is an umbrella term which encompasses Conditional Fee Agreements. They offer you a way to work with a solicitor without the financial risk that paying them upfront for their services entails.
With this kind of agreement in place, you pay no upfront solicitors fees, but if your workplace accident claim is successful a legally capped success fee is taken out of your award. In the event that your claim is unsuccessful, you don’t pay your lawyer for their services.
Discuss The Accident At Work Claim Time Limit
Our advisors are standing by to discuss your potential claim. They can advise on employer negligence and talk about what led up to your injuries. Eligible claims might be passed onto our panel of personal injury solicitors, who can offer No Win No Fee arrangements.
Get in touch to find out whether you’re still within the accident at work claim time limit:
- Contact us with this form
- Use the live chat feature
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Discover More About The Accident At Work Claim Time Limit
We’ve included links that you might find useful:
- A government guide to requesting CCTV.
- A Statutory Sick Pay (SSP) guide from the government.
- First Aid information from the NHS.
And some more guides about starting a claim for compensation before the accident at work claim time limit runs out:
- When Can I Claim For A Workplace Accident?
- Claiming For An Accident At Work – A Complete Guide
- Searching For An Accident At Work Claims Company
- Calculating Accident At Work Compensation In The UK
- Claiming For An Accident At Work With A No Win No Fee Solicitor
Writer Danielle Bunch
Publisher Fern Sykes