Learn About The Time Limits For Making A Workers Injury 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.

A construction worker in a white hard hat lays injured on the ground

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

  1. What Is The Accident At Work Claim Time Limit?
  2. Time Limits For Workers Under The Age Of Eighteen
  3. Time Limits To Claim For Deaths In The Workplace
  4. What Is An Accident At Work Claim
  5. Calculating Compensation For Injuries In The Workplace
  6. No Win No Fee Workers Injury Compensation Claims
  7. Helpful Reference

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 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, a litigation friend 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 worker injury claim involving fatalities, please see the next section.

An unconscious worker lays on the ground while his colleague performs first aid

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.

What Is An Accident At Work Claim?

Accidents at work can cause a variety of injuries, ranging from minor sprains and breaks to severe brain damage. However, any injury, no matter how big or small, can have consequences, and you may be due compensation. But, not all workplace injuries will result in a valid claim.

In order to make a claim, you need to be able to establish negligence. For the purposes of a personal injury claim, negligence occurs when another party breaches their duty of care, and this causes your injuries.

When you’re working, your employer owes you a duty of care under the Health and Safety at Work etc. Act 1974 (HASAWA). This means that they need to take all reasonably practicable steps to keep you safe while working. For example, your employer may be required to provide training for you to complete your role safely.

To find out if you could be eligible to claim workers’ injury compensation, contact our team. Or, keep reading to learn more about the accident at work claim time.

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.

Serious Injuries And Special DamagesVery serious injuries combined with financial losses of the likes of lost earnings and the cost of mobility aids.Up to £1,000,000+
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
Very severe scarring.Scarring in under 30's which causes significant disfigurement and psychological harm.£29,780 to £97,330
Less severe scarringWhere there is substantial disfigurement and significant psychological harm.£17,960 to £48,420
Significant scarringWhere 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.

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.

  • Call us on 0161 696 9685
  • Make an online enquiry
  • Or, use Live Chat to get in touch.

Helpful References

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

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