How Long Do You Have To Claim For An Accident At Work?

If you’ve suffered an injury due to an accident at work, one of the most important questions you’ll ask is: “Accident at work how long to claim?” Knowing the time limit for making a claim is crucial, as missing it could mean losing your right to compensation. This comprehensive guide covers everything you need to know about the time limits for accident at work claims in England and Wales. We’ll explain the legal time frames, exceptions, and special circumstances like claims involving minors, vulnerable adults, or fatal accidents. We’ll also walk you through the steps to ensure your workplace accident claim is submitted correctly and on time.

Furthermore, we’ll highlight how Legal Helpline’s panel of solicitors can help you navigate the entire claims process, from gathering evidence to arranging for medical reports. Working with a solicitor from our panel could help you achieve the compensation you deserve.

Contact Us

If you’ve been injured at work, don’t delay. Contact Legal Helpline today for expert advice on the accident at work compensation claim time limit by:

• Calling us for free on 0333 0000729
• Using the live chat feature
• Contacting us online

Select a Section

1. Accident At Work: How Long To Claim Compensation?
2. Can Exceptions Be Made For The Accident At Work Claim Time Limit?
3. At What Point Does The Accident At Work Claim Time Limit Start?
4. Why Is There A Limit On How Long To Claim For Accident At Work Compensation?
5. How To Ensure Your Workplace Accident Claim Is Made On Time
6. Get Accident At Work Claim Advice From Legal Helpline
7. Learn More

Accident At Work: How Long To Claim Compensation?

The fundamental rule in England and Wales for claiming compensation following an accident at work is that you have three years from the date of the accident to start a claim. This is the claim time limit governed by the Limitation Act 1980. Whether you suffered minor injuries or significant harm requiring ongoing medical treatment, the clock starts ticking from the accident date or, in some cases, the date you became aware of the injury or its effects.

This three-year window applies to most personal injury claims, including workplace accident claims. Within this time frame, you must establish liability, demonstrating that your employer breached their legal responsibility by failing to comply with health and safety regulations.

Failing to submit your claim within this time limit will likely mean the courts will not hear your case, regardless of how strong your evidence or how much compensation you deserve.

We recommend acting as soon as possible after an accident. Seeking early legal representation can ensure medical evidence and records are accurately collected, helping build a robust personal injury compensation claim.

Contact our team now to discuss your accident at work claim and understand how long you have to claim for your specific circumstances.

Can Exceptions Be Made For The Accident At Work Claim Time Limit?

While three years is the standard time limit, exceptions exist in specific circumstances. For example, if you were not mentally capable of making a claim, such as those with reduced mental capacity or suffering psychological trauma, your time limit may be extended or paused. The courts may also allow claims beyond three years if it is deemed just and reasonable, particularly when the injury was not immediately apparent or diagnosed.

Below, you can find some examples of when you could potentially make a claim outside of the time limit.

Workplace Accident Claims For Minors

If a workplace accident injures a minor (anyone under 18 years old), the three-year claim time limit does not begin until the child’s 18th birthday. This means minors have until their 21st birthday to start a personal injury compensation claim.

The law does not allow minors to make their own claims, so the time limit is paused. After turning 18, the injured person can initiate their own claim, so long as no one has made a claim on their behalf already.

When the time limit is paused, a responsible adult can apply to the Court to be appointed as a litigation friend. This means that they can make the claim on the child’s behalf.

Accident At Work Claims For Vulnerable Adults

Vulnerable adults who have suffered injuries in a work accident may also benefit from extended claim time limits. If a person has reduced mental capacity due to illness or injury, the usual three-year limitation period may be paused until they regain capacity. While the time limit is paused, a litigation friend can make a claim on their behalf.

Otherwise, the claim time limit starts when the individual is deemed capable of managing their affairs and instructing a solicitor.

Employers have a legal responsibility to provide a safe working environment under health and safety regulations. Failure to do so, resulting in injuries to vulnerable adults, can lead to a successful personal injury claim.

Fatal Accident At Work Claims

Fatal accidents at work are deeply distressing and complex from a legal perspective. The time limit to bring a claim for fatal workplace accidents is still generally three years from the date of death or from when the family became aware of employer negligence.

Claims may be brought by dependents or family members seeking compensation for loss, pain, suffering, and financial hardship.

Legal Helpline provides sensitive, expert support in fatal accident at work claims, guiding families through the claims process with respect and understanding.

Our panel of personal injury solicitors will help establish liability, gather necessary medical evidence, and represent your interests on a No Win No Fee basis.

If you have lost a loved one in a workplace accident, contact Legal Helpline immediately for a free case review.

Why Is There A Limit On How Long To Claim For Accident At Work Compensation?

Time limits on accident at work claims exist to ensure fairness in the legal process. Over time, evidence can degrade, memories fade, and witnesses become unavailable. The court system requires timely claims to administer justice effectively.

The Limitation Act 1980 balances the claimant’s right to compensation with the employer’s right to know when and how long they remain liable.

Additionally, employers have obligations under health and safety regulations enforced by the Health and Safety Executive (HSE). They encourage prompt reporting and resolution of workplace injuries to improve safety standards and prevent future accidents.

Strict adherence to time limits also protects employers from indefinite liability and helps keep legal fees and court proceedings efficient.

Speak to our team now to understand the importance of acting quickly in your accident at work claim.

How To Ensure Your Workplace Accident Claim Is Made On Time

To ensure your workplace accident claim is submitted on time, follow these key steps:

1. Report the accident immediately to your employer and ensure it is recorded in the workplace accident book or health and safety log.

2. Seek medical attention as soon as possible to document your injuries and receive appropriate treatment.

3. Gather evidence, including photographs, medical reports, and any relevant correspondence.

4. Contact a personal injury solicitor who specialises in accident at work claims to review your case and help gather further evidence.

5. Keep a record of lost wages, statutory sick pay, medical expenses, and out-of-pocket expenses related to your injury.

6. Start your claim promptly to avoid missing the three-year limitation period.

Legal Helpline’s panel of solicitors specialises in managing every aspect of the claims process on a No Win No Fee basis, taking the stress away from you.

Get in touch with us today to start your claim and maximise your chances of receiving as much compensation as you deserve.

Get Accident At Work Claim Advice From Legal Helpline

Legal Helpline is here to provide clear, expert advice on all aspects of your accident at work claim. Whether you’re unsure how long you have to claim or need help understanding the claims process, our advisors are ready to assist.

Our panel of expert No Win No Fee solicitors have:

• A proven track record of successful personal injury claims

• No Win No Fee agreements to protect you

• Access to medical professionals for accurate medical reports

• Assistance with gathering evidence and establishing liability

• Support throughout court proceedings, if necessary

Don’t leave your compensation claim to chance. Contact Legal Helpline today for free, no-obligation advice from our experienced advisors.

Contact Our Team

Legal Helpline works with a network of highly experienced personal injury solicitors who specialise in workplace accident claims. Contact us today to learn more by:

• Calling us for free on 0333 0000729
• Using the live chat feature
• Contacting us online

Learn More

If you want to understand more about accident at work claims and how long you have to claim compensation, Legal Helpline provides a wealth of resources and free guides to help you. For more information on making a personal injury claim:

• Learn about the manual handling claims process
• Find out how to make a factory accident claim
• Get information on claiming after stepping on a nail at work

Or, to find further resources:

• Learn when to call 999 from the NHS 
• Get general health and safety advice from the HSE
• Find out how to request CCTV footage of yourself

Reach out to Legal Helpline’s expert advisors for more information on “I had an accident at work, how long to claim?”