What’s The Time Limit to Claim for an Injury at Work?

If you are injured at work and your employer is responsible, you might decide to start a compensation claim against them. However, did you know that there is a strict 3-year time limit for personal injury claims in the UK? Even if you did, do you know that there are various exceptions so you might have longer than you think to make your claim? Therefore, this guide provides important information that clarifies the injury at work claim time limit.

If you are thinking about claiming for a workplace injury, we can help. As well as checking whether you have enough time to start the claims process, we provide a free initial consultation to check the strength of your case. If it is strong enough and you decide to take action, you could be represented by a No Win, No Fee accident-at-work solicitor. As a result, you will only pay for your solicitor’s work if the claim is successful.

To clarify how long you’ve got to claim compensation for a workplace accident, you can:

• Call 0333 241 2519 for a free consultation.
• Use our online chat service.

To learn more about accident at work claim time limits, please read on but please feel free to contact us with any questions.

What is the Time Limit for Making a Work Injury Claim?

Typically, the law sets a 3-year time limit for accident at work claims. This timeframe is set under Section 11(4) of the Limitation Act 1980. It states that personal injury claims (other than fatal claims) must be made within 3 years of:

• The date on which the accident occurred;
• The claimant’s date of knowledge (if later than above).

Date of knowledge is effectively the date you were made aware of your injuries and they were linked to your accident at work.

For instance, if you slipped at work and broke a leg, your injuries would normally be instantly obvious so the 3-year injury at work claim time limit starts on the date of your accident.

Conversely, if you have been diagnosed with lung cancer years after being exposed to asbestos at work, your 3 years would start from the date of knowledge i.e. the date a cancer specialist confirmed your diagnosis.

If you’re unsure how long you have left to start an accident at work claim, please feel free to call our legal advisors.

Exceptions to the Time Limit for Work Injury Claims

As mentioned, there are some exceptions to the three-year rule for injury at work claims including:

• Injuries involving children: If the injured party is under 18 years old, their claim time limit does not start until their 18^th birthday. However, a parent or responsible adult could claim on the child’s behalf by acting as their litigation friend.
• Fatal workplace accidents: If a worker is injured in an accident at work, they’ll have 3 years to claim compensation. However, if they die from their injury within 3 years of their accident, you could claim compensation on behalf of their estate. The time limit for this type of claim typically begins from the date of death rather than the date of the accident.
• Lack of mental capacity: Following a serious injury at work, the injured party might lack the mental capacity to claim compensation themselves. While that’s the case, a litigation friend could claim at any point as there will be no time limit applied.
• Repetitive Strain Injuries / Industrial diseases: If you are diagnosed with an RSI (such as carpal tunnel syndrome) or an industrial disease (such as asbestosis), your 3-year time limit will not begin until your date of diagnosis (date of knowledge).

Don’t worry if you’re not sure how long you have to claim for an injury at work. Simply give us a call and we’ll clarify your options for you for free.

Why is There a Time Limit for Claiming Compensation?

You might wonder why there is legislation that sets an injury at work claim time limit but there are a couple of good reasons.

1. According to Section 25(3b) of the Social Security (Claims and Payments) Regulations 1979, companies that employ more than 10 employees must keep records of all workplace accidents for a minimum of 3 years. So there’s no guarantee an employer would be able to defend a claim made outside of the limitation period. Additionally, it can be much harder to recollect what happened years after the event and, as time goes by, other evidence such as CCTV footage and photographs will be much harder to obtain.
2. Companies, insurers and courts need a cut-off date for clarity and finality. If there were no claims time limit, for instance, companies would have to prepare to face legal action indefinitely.

If you try to claim outside of the allowable time limits, your case could be statute-barred. Essentially, this means it could be refused and you might miss out on any compensation you would’ve been entitled to.

Although courts can extend the 3-year time limit in exceptional circumstances, convincing them to do so may be very difficult.

How to Ensure You Meet the Time Limit for an Injury at Work Claim

To help ensure that you make an accident at work claim within the allowable time limit, you should:

• Seek early legal advice: By speaking to a specialist solicitor, you’ll receive guidance on the time limit that applies in your case and the date that your limitation period began.
• Report the accident to your employer: You should always report a workplace accident to your employer. Preferably, this should be in writing (an email is fine) and you should ask for a copy of any accident report that is logged as this can be key evidence to prove the date of your accident.
• Document everything: It is a good idea to keep records of your injuries (including periodic photographs) and any medical treatment received. Also, you should keep copies of any correspondence from your employer, their insurers or any witnesses (including letters, emails and text messages).
• Seek medical treatment: Rather than waiting for symptoms to get worse, you should seek immediate medical attention for any worrying injuries. This can have an impact on your date of knowledge and can help to prove that your injuries are linked to your accident at work (rather than another accident).

If you’d like free advice on the injury at work time limit or securing evidence to support a claim, please get in touch with a legal advisor.

The Impact of Delays On an Injury at Work Claim

If you wait too long to begin an accident at work claim, it could cause some of the following problems:

• Loss of evidence: For instance, CCTV footage is normally only kept for a matter of weeks or months so it could be wiped over if you wait too long to claim. Statements from potential witnesses can also be harder to obtain as they may have forgotten some of the most relevant information about what they saw.
• Lack of employer records: Accident reports only need to be kept for 3 years so if you claim outside of this period, information about the accident might not be available. Other records including training records and data sheets for dangerous chemicals might also not be available if you claim too late.

To better ensure your claim proceeds as swiftly as possible, our solicitors will always comply with the rules of the pre-action protocol for personal injury claims.  This means that they must provide evidence and respond to insurer queries within allowable timeframes.

However, some delays with the claims process can be unavoidable which means any compensation payment you’re entitled to could be delayed. For this reason, we suggest starting the claims process as soon as possible in all cases.

FAQs on Work Injury Claim Time Limits

Here are a few frequently asked questions about work injury claim time limits:

What happens if I don’t realise I’m injured until after the three-year period?

If it can be proven that your illness or injury is linked to your employer’s negligence, you could still begin a compensation claim. That’s because the time limit can start from your date of knowledge. As a result, you could start a claim for injuries diagnosed within the past 3 years.

Do time limits vary depending on the type of injury?

In general terms, if you sustain injuries that are immediately obvious (broken bones, soft tissue injuries, concussion, back injuries etc), you’ll have 3 years to begin your claim starting from the date of your diagnosis.

If you are diagnosed with a condition or injury that has taken time to develop (RSIs, industrial diseases etc), you’ll still have 3 years to claim but the limitation period begins on the date of diagnosis.

How quickly should I file a claim after being injured at work?

If possible, you should begin the claims process as soon as you possibly can. That’s because there are numerous tasks to be completed before your claim is filed so, the sooner you begin, the better. For instance, accident-at-work solicitors need time to gather evidence, secure witness statements and request copies of your medical records.

Can I still claim if I miss the deadline?

It is possible that if you try to claim for a work injury outside of the claims time limit, your case could be statute-barred (and refused by your employer). However, it is always worth seeking advice from our legal advisors to see if there is still the opportunity to proceed with your claim.

Contacting Us About the Injury at Work Claim Time Limit

As we’ve shown, although there is a strict 3-year injury at work claim time limit, several exceptions can be made that alter how long someone has to seek compensation for a work-related accident.

We are happy to confirm the time limit that applies in your case if you call now for a free initial consultation. To set this up, you can:

• Call us on 0333 241 2519 to discuss the accident and your injuries.
• Use our free live chat service to get in touch.

Taking the time to contact us now could protect your right to claim compensation for your suffering. The sooner you get in touch, the sooner one of our solicitors could agree to help you claim. Crucially, if that happens, you’ll be represented on a No Win, No Fee basis.