This guide will explore the accident at work claim time limit. If you have sustained harm as a result of your employer’s negligence, you may be able to seek compensation. However, your claim must meet certain criteria, such as being made within the relevant time frame. Our guide will explore the different criteria that need to be met in order to seek compensation.
Additionally, this guide aims to explore the responsibilities your employer has to protect your health and safety at work. We will also provide examples of accidents at work that could result in you sustaining harm.
The No Win No Fee work injury solicitors from our panel could help you through the claims process. If you’re looking to seek legal representation, you may benefit from the services they offer. We will explore this further throughout our guide.
For more information, you can continue reading. Alternatively, you can contact our team of advisors if you have any additional questions. To get in touch, you can:
- Call the phone number at the top of this page
- Connect instantly via our live chat feature below
- Fill out our contact form with your query
A guide on the accident at work claim time limit
What is the Accident at Work Claim Time Limit?
As mentioned, there are several criteria involved in making an accident at work claim. Firstly, you need to prove that your employer’s negligence caused you harm. Negligence is the breach of duty of care.
Under Section 2 of the Health and Safety at Work etc. Act 1974, your employer has a duty of care to take reasonable steps to protect you from harm in the workplace. This duty of care may include:
- Delivering adequate training
- Supplying appropriate and necessary equipment
- Conducting regular risk assessments to identify and deal with any hazards
If you were injured at work due to your employer breaching their duty of care, you might be eligible to claim. However, you must ensure you start your claim within the relevant accident at work claim time limit.
Generally, the time limit is three years from the date of the accident or the date you connected your injuries with negligence. However, there are exceptions which we will explore further in our guide.
How Much Can I Claim For an Accident at Work?
There are two heads of claim that may be included in your settlement. The first is general damages which compensates for the pain and suffering caused by your physical or psychological injuries.
A report from a medical assessment could provide details of your injuries, including the severity and the extent to which they impact your quality of life. This report can be used to help solicitors value the general damages portion of your settlement.
Additionally, they may use the Judicial College Guidelines alongside the medical report. The document contains compensation amounts for different injuries. We have included a table using these figures below.
| Injury | Compensation Amounts | Notes |
|---|---|---|
| Severe Back Injuries (a) (i) | £91,090 to £160,980 | The person will experience severe pain and disability alongside other issues due to a damaged spinal cord and nerve roots. |
| Severe Neck Injuries (a) (i) | In the region of £148,330 | This bracket covers neck injuries that are associated with incomplete paraplegia. |
| Severe Arm Injuries (a) | £96,160 to £130,930 | Injuries are just short of amputation but are still extremely serious. |
| Asbestos-Related Disease (a) | £63,650 to £114,460 | Severe pain and an impairment on the quality of your life caused by mesothelioma. |
| Severe Post-Traumatic Stress Disorder (a) | £59,860 to £100,670 | All aspects of your life are badly impacted and the person will be unable to function at the same level as before the trauma. |
| Severe Knee Injuries (a) (i) | £69,730 to £96,210 | Serious knee injury involving a disrupted joint and ligament damage as well as several other issues. |
| Severe Foot Injuries (d) | £41,970 to £70,030 | Where both heels or feet are fractured causing a substantial impact on mobility and permanent pain. |
| Very Severe Ankle Injuries (a) | £50,060 to £69,700 | Injuries include a bilateral ankle fracture. |
| Wrist Injuries (b) | £24,500 to £39,170 | Injuries that cause a significant and permanent disability. However, some useful movement remains. |
| Serious Shoulder Injuries (b) | £12,770 to £19,200 | Shoulder dislocation involving lower brachial plexus damage. |
Please remember the above figures are just a guideline.
What Other Losses Could You Claim For After A Work Injury?
You might also claim compensation for special damages, which account for any past or future financial losses which incurred as a result of your injuries. For example, you may need to pay for care costs after a construction accident causing severe harm renders you unable to look after yourself. Additionally, you may suffer a loss of earnings from the time you take off due to your injury.
However, it’s important that you provide evidence for special damages, including any invoices or payslips.
For more information on the process of calculating compensation for a workplace accident claim, call our team. An advisor can also discuss the accident at work claim time limit to help you understand whether you’re still eligible to start a claim.
Accident at Work Claim Time Limit – Am I Eligible to Claim?
There are various ways in which an accident at work could occur. For example:
- You may be involved in a forklift accident at work that causes a psychological injury, such as an anxiety disorder. This could occur due to your employer failing to provide adequate training on using specialist equipment.
- Your employer might fail to provide you with necessary personal protective equipment, such as gloves. As a result, you may develop occupational dermatitis when handling hazardous substances.
- You may experience harm in a slip, trip or fall after a wet floor sign wasn’t put down to make you aware of a known spill.
- You may have sprained your ankle in an office accident after tripping on trailing leads.
However, not all accidents at work that cause harm will form the basis of a valid claim. You must prove that an employer’s negligence caused you harm. You must also ensure you’re within the accident at work claim time limit. Call us to find out whether you’re eligible to seek compensation.
What Evidence Could Help Me In An Accident at Work Claim?
You may be wondering ‘what should I do if I’ve had an accident at work?‘. There are several steps, including gathering evidence can help support your potential claim. Examples include:
- Photographs of your injuries and any hazards that caused your injuries
- CCTV footage of the accident
- Contact details of any witnesses
- Copy of your accident report in the workplace accident book
As well as collecting evidence, you could seek free legal advice from one of our advisors. They can provide further guidance on the accident at work claim time limit. Also, they could connect you with a solicitor from our panel to represent your case, if it’s valid and has a chance of succeeding.
Call us on the number above for more information.
Are There Any Exceptions To The Accident at Work Claim Time Limit?
Exceptions may apply to the accident at work claim time limit under certain circumstances, including:
- If someone lacks the mental capacity to make a claim, the time limit is stopped. A parent, guardian or solicitor may apply to act as a litigation friend and claim on their behalf. However, if their mental capacity eventually recovers, they have up to three years from the date of recovery to put forward their own claim.
- If a person is under 18 when the accident occurs, they have three years from the date they turn 18 to pursue a claim, if one hasn’t already been made on their behalf by a litigation friend. However, a litigation friend could claim on their behalf before they turn 18.
If you are uncertain about whether the accident at work claim time limit applies to your case, speak to our advisors for a free consultation with no obligation.
No Win No Fee Solicitors – Why Use Them to Claim?
A No Win No Fee agreement might appeal to you if you wish to hire legal representation but are concerned about the cost of doing so. There are many types, one of which is called a Conditional Fee Agreement (CFA).
This type of arrangement typically means there are no upfront or ongoing fees to pay for your solicitor’s services. Also, if the claim is unsuccessful, there will be nothing to pay for their services.
For claims that succeed, a success fee will be deducted from your compensation as a legally capped percentage.
The solicitors from our panel operate on this basis. To learn more, you can get in touch using the details below.
Contact Us For Free To See If You Can Make an Accident at Work Claim
We hope this guide on the accident at work claim time limit has helped. However, if you need any other information, please don’t hesitate to contact us. To get in touch, you can:
- Call the phone number at the top of this page
- Connect instantly via our live chat feature below
- Fill out our contact form with your query
Read More About Claiming for an Accident at Work
Below are some resources that you may find beneficial.
- Statutory Sick Pay – GOV
- Steps Needed To Manage Risk – HSE
- Urgent And Emergency Care Services – NHS
We hope we have answered all your questions regarding the accident at work claim time limit. If you think we could help you any further, please don’t hesitate to get in touch.
Writer Lewis Jolie
Editor Meg Martin
