Time Limits For Making A Workers Injury Compensation Claim

By Jo Greenwood. Last Updated 17th July 2023. Welcome to our personal injury claims guide, where we’ll explain the various time limits for making a workers injury claim.

You have a right to go to work without worrying about being injured on the job. That is because your employer holds a duty of care to you, one that requires them to make the workplace as safe as reasonably possible. If you do get hurt at work and it wasn’t your fault, then you could make a workers injury compensation claim against your employer.

Workers injury compensation claim

You may have questions about making a workers injury claim. One of them may be about what the time limits are for making a workplace injury claim. This article seeks to explain them to you as well as describing the benefits of making a No Win, No Fee personal injury claim with our panel of professional personal injury lawyers.

To learn more, please continue reading or speak with one of our advisors today. Alternatively, why not check out our guide to workplace injury compensation claims for more information? If at any time you have a query or would like to proceed with making a claim, you can call us on 0161 696 9685 or get in touch using the other contact details at the bottom of this page.

Jump To A Section

What Do We Mean By An Accident At Work?
What Is The Accident At Work Claim Time Limit?
Time Limits For Workers Under The Age Of Eighteen
Time Limits To Claim For Deaths In The Workplace
Exceptions To The Three Year Claims Time Limit
Calculating Compensation For Injuries In The Workplace
Special Damages A Work Injury Settlement May Include
Am I Eligible To Claim Compensation For My Workplace Injury?
No Win No Fee Workers Injury Compensation Claims
Helpful Reference

What Do We Mean By An Accident At Work?

All workers are entitled to a safe working environment where they can go about their jobs without fearing the risk of a serious injury. The law enshrines this right through various legislation and regulations. The key principle is laid out in the Health And Safety at Work etc. Act 1974, which states that it is the employer’s duty of care to do everything within reason to make the workplace safe for the employees.

An accident at work can occur even when an employer has followed all that the regulations require of them, for example, if there is some kind of freak accident that could not have been forseen. However, the kind of accident we will be dealing with in this guide are those caused by employers being negligent in ensuring that there are proper health and safety procedures in the workplace.

When we talk about an accident at work, we are of course referring to incidents where something goes badly wrong and someone suffers an injury as a result. Even if the employee’s damage isn’t immediately apparent, for example, in situations of long-term repeated exposure to hazards, there could still have grounds to claim. Whatever your situation, you could be entitled to compensation, providing you’re within the appropriate time limits for making a workers injury claim. To learn more, please read on.

What Is The Accident At Work Claim Time Limit?

The Limitation Act 1980 states that the general time limit is 3 years. This means that you must begin the process of making a claim before this 3-year window expires. If this time limit expires, then you could find it much more difficult to make a successful claim. In some cases, it may not be possible at all.

However, this time limit is not absolute in all scenarios. For example, if a child is injured in an accident at work, the claim time limit can be frozen until the day they reach the age of 18. This is just one exception to the rule.

There are other exceptions, including:

If your injury or illness is not immediately detected – You could then claim from the date you became aware you were injured due to negligence (the date of knowledge)
When the injured party has a reduced mental capacity – This could be due to a head/brain injury or a pre-existing psychological condition, for example

If you have any questions regarding whether you have missed your injury at work claim time limit, please do not hesitate to get in touch with our advisors today.

Can I Claim For An Accident After 3 Years?

Do you wonder, ‘can I claim for an accident after 3 years?’. It may be possible to make a claim after the personal injury claim time limit, but you must have a good reason for doing so, such as those listed above.

If possible, we would always recommend starting your claim as soon as possible. You can speak to our advisors for free to discuss the circumstances of your case and the time limit that may apply to you. Alternatively, continue reading to find out what exceptions may be granted to the accident at work claim time limit.

Time Limits For Workers Under The Age Of Eighteen

Those under the age of 18 cannot take legal action on their own behalf. If a minor has been injured at work, their parents or their legal guardian would be able to make a personal injury claim on their behalf.

If they wish to claim, they have until they reach the age of eighteen for the 3-year time limit to begin, regardless of how old the child was at the time of the accident. If a claim has not been made by the time they come of age, the responsibility to claim then falls upon them. At this point, claimants are granted until their 21st birthday to claim until they are no longer eligible for compensation.

For information on time limits for making a workers injury claim involving fatalities, please see the next section.

Time Limits To Claim For Deaths In The Workplace

In the unfortunate case that a workplace accident results in the employee losing their life, a loved one could make a claim on their behalf. They would then have the same 3-year time limit within which to begin legal proceedings.

Any degree of pain or suffering that the victim experienced before their death as a result of the accident can be compensated. in addition, they could claim for their own bereavement and for the loss of a provider upon whom they were dependent. Once again, these cases have the same 3-year time limits for making a workers injury claim.

Exceptions To The Three Year Claims Time Limit

It is advisable to begin making your claim as soon as you are able to after your accident. The time limits for making a workers injury claim are effective right away, which is typically 3 years.

However, some cases can be complex and drawn out for various reasons. Building a claim requires a variety of support, which could come in the form of witness statements, CCTV, medical evidence and the like. If you leave it too long, the time limit could expire before the case is brought to a conclusion, thus making it invalid.

There are some circumstances in which time limits for making a workers injury claim can be extended, in order to collect extra evidence or negotiate a settlement, for example. These matters would be your solicitor’s responsibility to resolve, however, so don’t worry.

In some types of personal injury cases, such as those involving industrial diseases, it may be possible to argue for a later limitation date. This can arise in cases in which the claimant did not become aware of their injuries until years later. In cases like these, the personal injury claims time limit may begin from the date on which the claimant was diagnosed with their health problem.

Calculating Compensation For Injuries In The Workplace

To give you an idea of the compensation you could be entitled to, we’ve put together a handy table. This details some of the injuries you could sustain in the workplace and the potential value of those injuries. The figures in this table are taken from the Judicial College Guidelines, a legal publication which details compensation awards made by the courts.

As you can see the more severe an injury is and the more significant its effects are, the more compensation the claimant is likely to receive. It’s important to remember that these are estimates only. The value of each case depends upon its unique set of facts. For a more precise valuation or to see if you’re eligible to claim within the time limits for making a workers injury claim, please call our team of friendly advisors.

Injury	Notes	Compensation
Amputation of both feet.	Treated as being roughly equivalent to losing both legs below the knee.	£169,400 to £201,490
Amputation of one foot.	Treated as similar to losing one foot below the knee.	£83,960 to £109,650
Most serious vibration white finger.	Persistent symptoms in a young person which necessitate a change in employment.	£31,640 to £38,430
Serious Vibration white finger	Attacks which occur irregularly and impact on work and social life.	£16,760 to £31,640
Very severe scarring.	Scarring in under 30's which causes significant disfigurement and psychological harm.	£29,780 to £97,330
Less severe scarring	Where there is substantial disfigurement and significant psychological harm.	£17,960 to £48,420
Significant scarring	Where the cosmetic affect can be reduced through cosmetic surgery and the psychological effect lessens over time.	£9,110 to £30,090
Dermatitis (a)	pain, soreness and unsightliness on both hands. Affecting social life, work and psychological well being.	£13,740 to £19,200
Dermatitis (b)	Dermatitis on one or both hands, eventually lessening with treatment.	£8,640 to £11,410
Dermatitis (c)	Itchiness and irritation which lessens after a few months with treatment.	£1,710 to £3,950

Special Damages A Work Injury Settlement May Include

The compensation you could get for the injury itself, also known as general damages, does not represent the full compensation you could be entitled to. In addition, you can also claim the financial expenses and losses you have incurred because of your injury. This can cover a range of different things, such as:

Losing some or all of your income due to taking sick leave from work, moving to a different lower-paying occupation or being permanently unable to work.
Having to pay medical bills for medical treatment.
Having to pay bills for physical rehabilitation courses.
Having to pay expenses for home care.
Having to spend money on travelling to and from hospital appointments and therapy sessions.

Compensation can only be awarded for expenses and losses which you can provide evidence for, so it’s vitally important you keep records of everything. If you have not retained the receipts and paperwork from your expenses you will be unlikely to be able to claim for them.

However, don’t take too long to get your supporting documents in order, as you may miss the time limits for making a workers injury claim. If you contact our team today, we can connect you to our panel of personal injury lawyers to sort this for you as soon as possible.

Am I Eligible To Claim Compensation For My Workplace Injury?

You are eligible to claim compensation for a workplace injury if the following 3 conditions are mirrored in the circumstances of your accident.

Your employer owed you a duty of care.
Your employer breached their duty of care to you and as a result, you suffered.
The accident occurred within the time limits for making a workers injury claim detailed in this guide.

If you’re unsure if you meet the requirements for making a workers injury compensation claim, please call our team of friendly advisors.

No Win No Fee Workers Injury Compensation Claims

If you are eligible to claim for an accident at work, a solicitor from our panel may offer to represent you under a No Win No Fee agreement. They could help gather the evidence required to support your claim. Additionally, they could negotiate a compensation settlement with the liable party.

If a solicitor offers to work on your claim under a Conditional Fee Agreement (CFA), you would not generally have to pay them upfront for their services or throughout the progress of your claim. They would instead deduct a success fee from your compensation if your case succeeds. The fee is typically a small percentage of your accident at work compensation.

If your case doesn’t succeed, you would not have to pay the solicitor for their work, under a CFA.

To check your eligibility to work with a solicitor from our panel under such an arrangement, why not contact an advisor.

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Helpful References

For more resources on making a workers injury compensation claim, take a look at these articles:

Citizens Advice Bureau Guide To Workplace Injury Claims

Website Of The Health And Safety Executive

Thanks for reading our personal injury claims guide, where we’ve looked at the various time limits for making a worker’s injury claim.

Advice For Accident At Work Compensation Claims