A Guide To Making An Accident At Work Claim

By Danielle Graves. Last Updated 18th May 2023. If you’re looking to make an accident at work claim, or if you’re simply looking for more information on your legal rights, you’ve come to the right place.

On this page, as well as the scores of others we’ve created, you can find reliable guidance on what you can do if you’ve suffered an injury at work.

We cover different types of workplace accidents, their causes, and the criteria for claiming compensation.

We also take a look at the accident at work claim time limit.

If you’d like to make a claim today, or if you’d like a free consultation, then get in touch. You can speak with us now by:

Calling 0161 696 9685

Or by chatting with us now via our live chat box.

Can I Make An Accident At Work Claim?

If you suffered an injury at work, you may be eligible to make an accident at work claim. However, you will need to prove that you suffered your injuries because your employer breached their duty of care. A breach of duty of care that results in injury is known as negligence.

Your employer’s duty of care is set out by the Health and Safety at Work etc. Act 1974 (HASAWA). It states that employers need to take all reasonably practicable steps to ensure the health, safety and welfare of their employees whilst they are at work and performing work-related duties. Your employer could enforce their duty of care by performing regular risk assessments.

If your employer were to breach their duty of care, this could result in you becoming injured in a workplace accident. In this instance, you may be eligible to make a personal injury claim.

If you have any questions or would like to receive free advice regarding your potential claim, please get in touch with one of our advisors using the details at the top of the page.

How Much Time Do I Have To Claim For An Injury?

You will need to ensure that you start your claim within the personal injury claim time limit that is set out in the Limitation Act 1980. This is generally three years from the date of the incident that caused your injuries.

However, for certain claims, there are exceptions to this time limit. This includes:

  • Those who lack the mental capacity to start a claim for themself. For these cases, the time limit is suspended indefinitely. During this time, a court-appointed litigation friend could make a claim on their behalf. However, should the injured party regain this mental capacity, they will have three years from the date of their recovery to start a claim if one has not already been made on their behalf.
  • Those under the age of 18. For these cases, the time limit is paused until their 18th birthday. Before this point, a litigation friend could claim on their behalf. If a claim has not been made by their 18th birthday, they will have three years to start one.

If you would like to discuss whether you have enough time to start your accident at work claim, get in touch with one of our advisors using the details at the top of the page.

What Types Of Accidents At Work Can You Claim For?

An accident in the workplace could occur in different ways. However, to be able to make an accident at work claim, you will need to prove that negligence occurred.

Some examples of how an accident could happen in the workplace include:

  • You could suffer a manual handling injury if your employer fails to provide you with sufficient manual handling training. This could result in you suffering a back injury due to poor lifting technique.
  • You may experience a slip and fall at work. For example, if there is a leak in the storeroom of your supermarket job, and your employer is aware of this leak and has taken no steps to resolve the issue, this could cause you to slip and suffer an ankle injury.
  • You could fall at work. For example, if your employer provided you with a faulty ladder, you may fall off this ladder from a height, and you could suffer a head injury.

Contact our advisors today to discuss your potential claim. Our friendly team are available 24/7 to help answer any questions and offer free advice.

Learn More About Claiming Compensation For A Workplace Accident

If you’d like to learn more about claiming compensation for a workplace accident, check out some of the guides below:

  • If you’ve suffered a manual handling injury due to a lack of training, you could make a personal injury claim. This guide offers lots of useful insights on compensation payouts and your eligibility to claim.
  • You may have suffered a fall at work due to a faulty or broken handrail on a staircase. If so, you could make an accident at work claim for compensation. This guide offers information on how these accidents can happen and who may be at fault.