In this guide, we will look at the time limit on accident at work claims. There are limitation periods that apply to personal injury claims, including claims for an accident sustained as a result of employer negligence. We will look at what the accident at work claim time limit is and the exceptions that can apply.
Furthermore, we’ll address the criteria for making a successful claim after an accident at work has left you injured. This guide will also look at how the compensation is calculated for the injuries that could be sustained and assess some accident statistics. In addition to this, we will explain how a No Win No Fee agreement could help you when funding the work of a lawyer.
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Choose A Section
- Is There A Maximum Time Limit On Accident At Work Claims?
- Most Common Situations Of Workplace Accidents
- Are There Any Exceptions To The Time Limit On Accident At Work Claims?
- How To Calculate Your Accident At Work Compensation
- Is It Wise To Have A No Win No Fee Agreement?
- Additional Guidance About The Time Limit On Accident At Work Claims
The Health and Safety at Work etc. Act 1974 (HASAWA) is an important accident at work law that governs the health and safety procedures within a work environment. It states that the employer’s duty of care is to ensure the safety of their employees as much as it’s reasonable for them to do so.
If they fail to do this, and you’re injured as a result, then you could be entitled to claim compensation. However, you will need to be aware of the time limit that applies to doing so.
Accident at work claims generally have a 3-year time limit, which is set out in the Limitation Act 1980. This means that you have 3 years from the date of the injury or from the date you were made aware that your injuries were caused by negligence in which to start your claim.
It’s important to note that these time limits only apply to beginning a claim. Once your claim starts, you have as much time as you need to finish it.
Furthermore, there are exceptions that can apply to these time limits, which we’ll look at further on in this guide. If you have any more questions, please get in touch. You could be connected with an accident at work lawyer from our panel if you have a valid case.
Key Notes From HSE Work Accident Statistics
The Health and Safety Executive produces the health and safety statistics for Great Britain. These include injuries that are reported under the Regulations of Injuries, Diseases and Dangerous Occurrence Regulations 2013 (RIDDOR), which is a piece of legislation that mandates the reporting of certain specified injuries.
They collect information on the kinds of injuries sustained in accidents that get reported. The most recent statistics for 2020/21 show that:
- 15,159 fractures were sustained, making up 30% of reported non-fatal injuries
- Contusions made up 10% of reported non-fatal injuries, with 5,248 reported
- 14,784 sprains and strains were reported, making up 29% of reported injuries
As we have already mentioned, all employers in Britain owe their employees a duty of care. A breach of duty of care is not the only way that an accident in the workplace could occur; however, it is a requirement when making a claim for your injuries. If nobody was to blame for your accident, or if you caused your injuries through your own actions, you would not have a valid case.
Below, we have included some examples of how accidents at work could occur as a result of negligence:
- Poor housekeeping. Part of your employer’s duty of care is to maintain good housekeeping in the workplace. For example, they should ensure that cables are tidied up, spillages are cleaned up in a reasonable timeframe and floor surfaces are appropriate and well-maintained. If they fail to do so, this could lead to a slip or fall that causes a head injury.
- Inappropriate Personal Protective Equipment (PPE). Your employer has a responsibility to provide you with suitable PPE that you need to do your job safely. For example, you may need gloves in order to protect you from heat. If you’re not provided with this, or if the gloves you’re given are not suitable, you could suffer a burn injury to your hand.
- Lack of training. Your employer needs to provide you with the training that you need to do your job safely. If they fail to do so, you could be injured. For example, if you’re not given appropriate instruction on manual handling, you could sustain a back injury because of this.
These are not the only ways you could be injured as a result of negligence. If your employer’s breach of duty of care has led to an injury, then you may be able to claim; speak with an advisor for more information.
To find out if you could be eligible to make a claim, get in touch with our team of advisors today.
There are exceptions to the time limit as presented by the Limitation Act 1980. These exceptions involve claiming on the behalf of people who cannot claim for themselves.
If you are claiming on the behalf of a child, then you would have to apply to become a litigation friend. A litigation friend is a trusted adult who acts on behalf of a claimant.
While the injured party is under the age of 18, there’s no time limit that applies, and a litigation friend can make a claim at any point. If the claimant turns 18 and no claim has been made, they have 3 years in which to start one themselves.
The other exception is if you are claiming on the behalf of another person who lacks the mental capacity to make a claim. A litigation friend could be also used in these cases.
The time limit for these claims is suspended while the person cannot claim themselves. If the person regains mental capacity, then they have 3 years in which to start their own claim.
What To Do After An Accident At Work
You could start to gather information and evidence in support of your claim. These could include:
- Photos of the accident site
- Photos of the injury
- Contact details of witnesses so that a witness statement can be taken
- CCTV footage of the accident
- A report form from the accident book
It can also be helpful to get legal advice while you are preparing to claim. This can help clear any doubt or fears you may have when claiming. It can also assist you in understanding the legal requirements you may have to go through in order to make a successful accident at work claim.
For further advice on the time limit on the accident at work claims, our advisors are happy to help. They are available 24 hours a day, 7 days a week.
The Judicial College produces guideline compensation brackets for a range of different injuries. Legal professionals use these to help them when valuing claims. However, it’s important to note that these aren’t guaranteed, and the amount of compensation you do receive could differ.
We have used these to create the table below. If you don’t see your injury mentioned here, don’t worry; get in touch with our team for an assessment of how much your claim could be worth.
|Type of Injury||How Much?||Description|
|Back Injuries: Severe (i)||£91,090 to £160,980||Injuries in this bracket are the most severe, often involving damage to the spinal cord and the nerve roots|
|Knee Injuries: Severe (ii)||£52,120 to £69,730||A leg fracture that extends into the knee joint. The injury causes constant pain and limits movement.|
|Hand Injuries: Serious||£29,000 to £61,910||The total usage of the hand had been decreased to 50% and the rejoining of an amputated finger may result in the weakening of grip|
|Wrist Injuries||£47,620 to £59,860||The loss of total function in the wrist|
|Leg Injuries: Severe (iii)||£39,200 to £54,830||Fractures or injuries to the joints and/or ligaments which result in a long period of instability and prolonged treatments.|
|Foot Injuries: Serious||£24,990 to £39,200||Injury that causes a continuing pain and prolonged treatment.|
|Arm Injuries||£19,200 to £39,170||An injury that has resulted in a disability or where a long period of recovery is expected to take place|
|Ankle Injuries: Moderate||£13,740 to £26,590||Fracture or tears to ligaments giving rise to issues such as difficulty in walking for long periods of time, difficulty standing and any left over scarring.|
|Toe Injuries: Severe||£13,740 to £21,070||Crush injuries that lead to the amputation of one or more toes.|
|Shoulder Injuries: Moderate||£7,890 to £12,770||For example, a frozen shoulder that restricts the movement and leads to discomfort|
The pain and suffering caused by your injuries will be compensated in the general damages head of your claim. This is done by taking into consideration the severity of the harm you sustained and the impact it may have on your quality of life.
Special damages, on the other hand, cover the financial impact that your injury has. These include both current and future losses, as long as you have proof of this. For example, you could show receipts and invoices to demonstrate the money you’ve spent on adapting your vehicle or home to cope with your injuries.
Types of financial loss that are considered to be special damages include:
- Travel expenses
- Childcare costs
- Loss of wages
- Special equipment, e.g. mobility aids
If you have any further questions, don’t hesitate to contact our advisors today if you have a valid claim.
No Win No Fee is an umbrella term covering a kind of agreement called a Conditional Fee Agreement. This is an arrangement between your and your personal injury solicitor, setting out the terms you would need to meet before they receive payment.
If you win the case, then you will have to pay a success fee, which will be deducted from your compensation. However, the percentage that this fee consists of is capped by law. On the other hand, if your case is unsuccessful, then you wouldn’t have to pay anything to your solicitor.
You do not need a solicitor to begin the claim process. However, it can be useful to obtain a solicitor’s knowledge and advice.
Our advisors can put you in touch with our panel of personal injury solicitors, provided you have a valid claim. This service is available 24/7, so feel free to contact us with your questions.
Speak About Your Work Accident Claims
If you have any more questions about the time limit for accident at work claims, 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
Here are some additional resources for you to have a look through:
NHS- When to call 999
Gov.UK- Statutory Sick Pay
We also have more of our guides included below:
For any further information about the time limit on accident at work claims, please feel free to contact us through our live chat feature.
Writer Lizzie Wyatt
Publisher Fern Styles