This is a guide on the accident at work claim time frame. If you’re wondering how long you have to start a claim for a workplace accident caused by negligence, we could help.
Accident at work claim time frame guide
We will look at the limitation periods that apply to these claims, as well as the exceptions that apply. Furthermore, this guide will explain when the time limit for starting a claim begins.
In addition to this, we will look at accident at work claims more generally, including when you might have grounds to make one. This guide will offer an explanation of negligence and will look at how an employer could breach this, resulting in an injury. Furthermore, we will address some of the official accident at work statistics.
Our advisors are on hand 24 hours a day, 7 days a week, to offer you free legal advice and to answer any of your questions. If you have a valid case, they could connect you with a lawyer from our panel. You can get in touch with us by:
- Calling the number at the top of the page
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Choose A Section
- What Is The Maximum Accident At Work Claim Time Frame In The UK?
- Accidents In A Work Environment
- Are There Exceptions To The Accident At Work Claim Time Frame?
- Determining What You Can Get In Accident At Work Compensation
- Does It Cost Less To Have A No Win No Fee Agreement?
- Additional Resources About The Accident At Work Claim Time Frame
What Is The Maximum Accident At Work Claim Time Frame In The UK?
The maximum time frame for an accident at work claim is generally 3 years, as it is with other kinds of personal injury claims. This time frame is set out in the Limitation Act 1980.
This usually runs from the date of the accident. However, it can also run from the date you realised your injuries were caused by negligence. For example, if you experienced lung damage because of many years of exposure to carcinogens in your workplace as a result of negligence. The date of knowledge would be the date you knew (or should have known) that you has been harmed by your employer’s breach of duty of care. This may be the date of your diagnosis, rather than the date you were first exposed.
Our advisors can offer free legal advice on the accident at work claim time frame. Speak with an advisor for more information.
Recent HSE Accident At Work Statistics
The Health and Safety Executive (HSE) produces the health and safety statistics for Great Britain. These statistics are correlated from employers’ reports of both fatal and non-fatal injuries, as well as self-reported data collected by the Labour Force Survey (LFS). A portion of the reports are submitted under the Regulations of Injuries, Diseases and Dangerous Occurrence Regulations 2013 (RIDDOR).
For the year 2020/21, there were 51,211 employee injuries reported under RIDDOR. There were 1,410 self-reported injuries per 100,000 workers in the same timeframe. This is a decrease on the previous year, when there were 2,160.
Accidents In A Work Environment
The Health and Safety at Work etc. Act 1974 (HASAWA) is an important accident at work law that outlines a work environment. It states that an employer’s duty of care is to take reasonable steps to ensure the safety of those who work for them.
Below, we have included some examples of how accidents at work could occur as a result of employer negligence:
- Lack of training: Your employer needs to provide you with the training that you need to do your job safely for free. If they fail to do so, you could be injured.
- Poor housekeeping: For example, you could slip or trip on a puddle of water that was incorrectly signposted.
- Inadequate Personal Protective Equipment (PPE): For example, you may need heat-resistant gloves in order to perform your job safely. If you’re not provided with this, or if the gloves you’re given are not suitable, you could suffer an injury to your hand.
These aren’t the only ways you could be injured as a result of employer negligence. If your accident type does not appear in the list above, you might still be eligible to pursue a settlement.
To find out if you could be eligible to make a claim, get in touch with our team of advisors today. They can also offer free legal advice on the accident at work claim time frame.
Are There Exceptions To The Accident At Work Claim Time Frame?
Some exceptions can apply to the accident at work claim time frame. For example:
- If you were under 18 at the time of the accident, then no time limit applies while you’re underage and a litigation friend can make a claim for you. If you turn 18 and no claim has been made, you have 3 years to pursue your own claim.
- If you lack the mental capacity to claim, you could have a litigation friend claim on your behalf and the time limit is suspended. In the event that you recover, it starts again and you have 3 years to make your own claim.
If you want to know if you still have time to start your claim, speak with an advisor today.
What To Do After An Accident At Work
In this section, we will look at the accident at work procedure. If you have suffered an injury at work, then the first step in the aftermath is to seek medical attention. In some cases, you might need to seek medical attention from a hospital, doctors’ surgery or walk-in centre.
Every workplace with ten or more employees must have an accident book by law. An accident at work report form should be filled out following an accident. This creates a written record of the accident and could be used as evidence later down the line.
You could also start to gather information and evidence in support of your claim. This could include:
- Photos of the accident site
- Photos of the injury
- Contact details of witnesses so a witness statement can be taken
- CCTV footage of the accident
- Written records of the accident from the accident book
While it is not mandatory, it can also be helpful to get legal advice while you are preparing to claim. Someone with experience in these kinds of claims might be able to help the process run more smoothly.
For further advice on the time frame on accident at work claims, our advisors are happy to help. They are available to answer any questions you have, 24/7.
Determining What You Can Get In Accident At Work Compensation
If you receive a settlement for an accident at work claim, it could be made up of two heads. The first of these is called general damages, and these relate to the pain and suffering that your injuries have caused you. You may also be assessed by an independent medical professional, who will then construct a report of their findings. This report could be used to calculate your compensation.
The Judicial College produces guidelines that legal professionals use to help them value claims. However, it’s important to remember that these aren’t guaranteed, and the amount of compensation you might receive could differ.
| Type of Injuries | How Much? | Description |
|---|---|---|
| Brain Damage: Moderate (i) | £150,110 to £219,070 | Injuries that cause a moderate to severe deficit of intellect, an effect on sight, speech and the other senses. |
| Leg Injuries: Severe (ii) | £54,830 to £87,890 | Leading to permanent problems with mobility and the need for aids such as crutches. |
| Bladder | £63,980 to £79,930 | A serious impairment of control with some pain and impact on continence. |
| Back Injuries: Severe (iii) | £38,780 to £69,730 | Injuries that result in chronic conditions causing severe pain and discomfort, depression and disabilities. |
| Kidney | Up to £63,980 | A risk of a urinary tract infection or loss of natural function. |
| Neck Injuries: Moderate (ii) | £13,740 to £24,990 | Injuries that result in a limitation of movement and discomfort over a prolonged period, usually of five years or more. |
| Arm Injuries | £6,610 to £19,200 | A simple fracture of the forearm. |
| Chest Injuries | £5,320 to £12,590 | The inhalation of smoke or toxic fumes, not serious enough to cause permanent damage. |
| Hand Injuries: Moderate | £5,260 to £12,460 | Crush injuries, for example, that lead to a permanent disability. |
| Shoulder Injuries: Minor (i) | £4,350 to £7,890 | Soft tissue injuries, with a considerable pain but there is an almost complete recovery in less than 2 years |
Special damages, on the other hand, compensate you for the financial impact that the injury has had on you. These can include both current and future losses, provided that you have evidence. For example, receipts could be used to show the cost of prescriptions or mobility aids that had to be bought as a result of your injuries.
Types of financial losses that could be compensated under special damages include:
- Travel expenses
- Prescriptions/aids
- Special equipment, e.g. mobility aids
- Loss of wages
- Childcare costs
If you have any further questions about how much your claim could be worth, don’t hesitate to contact our advisors today. They can also let you know whether you’re within the accident at work claim time frame.
Does It Cost Less To Have A No Win No Fee Agreement?
A No Win No Fee agreement is an umbrella term which encompasses arrangements like Conditional Fee Agreements. These are popular ways for claimants to fund the work of a lawyer.
It means that:
- There aren’t any upfront or ongoing payments for you to make to your lawyer to secure their services.
- If your claim is unsuccessful, you don’t pay your lawyer for the work that they have done.
- If you’re awarded compensation, a legally-capped success fee will be deducted from your settlement.
Our advisors can put you in touch with one of the personal injury solicitors from our panel, provided you have a valid claim. This service is available 24 hours a day, 7 days a week; feel free to contact us with any questions you may have.
Start To Make A Work Accident Claim
If you have any more questions on the accident at work claim time frame, then please contact us by:
- Using our live chat feature
- Calling us on the number at the top of the screen
- Contacting us through our website
Additional Resources About The Accident At Work Claim Time Frame
Here is some further information and additional resources for you to have a look through.
The HSE has guidance on how to report an accident at work.
You can find guidance on Statutory Sick Pay (SSP) on the government website.
We also have a guide on the personal injury claims time limit.
Why not read our article on accident at work claims explained?
We also have a guide on whether you could claim compensation for a workplace accident.
For any further information on the accident at work claim time frame, please don’t hesitate to contact us through our live chat feature.
Writer Lizzie Wyatt
Publisher Fern Styles