Time Limits For Making A Workers Injury Compensation Claim
By Olivia Weather. Last updated 17th March 2021. 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.
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.?
Jump To A Section
- A Guide To Time Limits For Workers Compensation Claims
- What Do We Mean By An Accident At Work?
- Types Of Workplace Injuries
- Types Of Workplace Accidents
- General Time Limits For Workers Compensation Claims
- 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
- Why Choose Legal Helpline To Handle Your Claim?
- Am I Eligible To Claim Compensation For My Workplace Injury?
- No Win, No Fee Claims For Accidents And Injuries In The Workplace
- Talking To Our Team
- Helpful Reference
There is a lot that you might need to know about making a personal injury claim for an accident at work. One of the key things to be aware of is the time limits for making a workers injury claim. This establishes the statute of limitations that applies to your eligibility for claiming compensation.
In this guide, we’ll explain your rights for making a claim, as well as a number of other things, such as:
- The benefits of making a claim with Legal Helpline
- Why a No Win, No Fee agreement is beneficial
- How compensation is calculated
There will also be some general information about how and when you could qualify for making a personal injury claim against your employer.
Throughout this guide you can find links to helpful resources, some from our website such as this page, but also links to other websites as well. 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.
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.
With so many diverse workplaces and roles out there, it would not be feasible to list all the different potential injuries that might occur as a result of an accident at work. Here are just some of them:
- Crushing injuries.
- Burn injuries.
- Lung damage.
- Hearing damage.
- Muscle and ligament damage.
- Broken bones.
- Penetrating and slashing injuries.
- Electrical shock injuries.
- Eye damage/flash blindness.
If any of these incidents have happened to you, you could be able to make a workers injury compensation claim.
There are too many potential accidents that could occur in different workplaces to be listed here. But broadly speaking the causes of workplace injuries can be summed up in a number of categories.
- Accidents caused by equipment which was not properly serviced and maintained.
- Accidents caused by equipment which the employer had not been properly trained to safely use.
- Accidents caused by vehicles used for work or in the workplace. This can be caused by mechanical faults, reckless driving by untrained employees, and a lack of safe procedures for using such vehicles.
- Accidents caused by a lack of personal protective equipment (PPE)
- Accidents caused by exposure to hazardous or toxic materials.
- Assaults suffered by staff members due to a lack of security.
- Psychological problems such as stress caused by overwork.
In 2019, a report by the Labour Force Survey showed that over 693,000 people reported a non-fatal work-related injury that year. In addition, a report by RIDDOR showed that around 65,427 people sustained non-fatal work-related injuries. The most common causes of these injuries involved:
- Slips, trips and falls – 29%
- Handling, lifting and carrying- 19%
- Getting hit by moving object – 11%
- Falling victim to acts of violence – 9%
- Falling from a height – 8%
Please see the next section to learn about the relevant time limits for making a workers injury claim.
There are certain time limits for making a workers injury claim that you should be aware of if you wish to get compensation for your suffering. The sooner you begin making a claim by getting in touch with our panel of personal injury lawyers, the better. The event will thus be fresher in your mind and that of any witnesses. This also allows your solicitor more time to obtain evidence, investigate your case and attempt to negotiate a settlement for you. What’s more, it gives you the best chance of being within the claim limitation period.
For most personal injury claims, including workplace injury claims, there is a 3-year time limit. Specifically, this is 3 years from the date of the accident or from the date you realised you suffered as a result of it.
Exceptions apply to these time limits for making a workers injury claim, which we’ll address in the following sections.
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.
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.
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.
You may well have encountered a personal injury compensation calculator before. We find they can be tricky to use, as well as inaccurate.
Instead, to help 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
Dermatitis (a) pain, soreness and unsightliness on both hands. Affecting social life, work and psychological well being. £12,900 to £18,020
Dermatitis (b) Dermatitis on one or both hands, eventually lessening with treatment. £8,110 to £10,710
Dermatitis (c) Itchiness and irritation which lessens after a few months with treatment. £1,600 to £3,710
Very severe scarring. Scarring in under 30's which causes significant disfigurement and psychological harm. £27,940 to £91,350
Less severe scarring Where there is substantial disfigurement and significant psychological harm. £16,860 to £45,440
Significant scarring Where the cosmetic affect can be reduced through cosmetic surgery and the psychological effect lessens over time. £8,550 to £28,240
Amputation of both feet. Treated as being roughly equivalent to losing both legs below the knee. £158,970 to £189,110
Amputation of one foot. Treated as similar to losing one foot below the knee. £78,800 to £102,890
Most serious vibration white finger. Persistent symptoms in a young person which necessitate a change in employment. £29,690 to £36,060
Serious Vibration white finger Attacks which occur irregularly and impact on work and social life. £15,740 to £29,690
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.
We know as well as you do that while looking for workplace injury solicitors and advice on making personal injury claims, you might come across plenty of compensation solicitors. There are many out there for you to choose from, but we think we are the best for you. The solicitors on our panel are dedicated professionals, with decades of experience and expertise. They will work hard to ensure that you win the full amount of compensation available to you.
Making a personal injury compensation claim involves a lot of time-consuming work. It is your solicitor’s job to take that burden off you and allow you to focus on your recovery. The solicitors on our panel appreciate this, so try to take all of the stress out of the process as possible. They’ll keep you fully updated on the progress of your case, and if ever you have a query, they’ll be on hand to take your call.
Working with Legal Helpline is also less financially risky for you than working with other personal injury solicitors firms might be thanks to our No Win, No Fee claim agreement deals, which you can read more about later.
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.
You don’t have to worry about where the money is going to come from to pay a personal injury solicitor to help you make a claim. Our panel of solicitors can give you the option of entering into a No Win, No Fee Agreement, also known as a Conditional Fee Agreement (CFA). The CFA is designed to offer claimants financial protection and the confidence to pursue justice. If you sign a CFA with a solicitor from our panel, you will not have to pay any fees upfront, nor will you have to pay any fees during your claim either. And if your claim is unsuccessful, you will not have to pay any of the fees your solicitor has incurred in pursuing your case.
If your claim is successful, your solicitor may seek a small contribution towards their costs. This is known as a ‘success fee’ and would be deducted from the compensation awarded at the end of the claim. Don’t worry, the success fee is legally capped and will be agreed upon with your solicitor before you begin your claim.
Time limits for making a workers injury claim FAQs
We know that there may still be some things that you want to talk about before going ahead with making a workers injury compensation claim. Our team of legal experts will be happy to answer any questions you may have about your situation. You can call us on 0161 696 9685 or fill in our online contact form to arrange a phone call.
If you discuss your situation with them, they can advise you about whether or not you could be entitled to make a personal injury claim, and if they believe you have a good case, they’ll put you in touch with a specialist solicitor from our panel. We look forward to hearing from you!
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 workers injury claim.
Guide by JY
Edited by REG