What Is The Accident At Work Claim Time Limit ?
A key question you will no doubt be wondering following a workplace injury is, “How long do I have to claim?” To that end, we have made this short but informative guide to the accident at work claim time limit.
We’ll cover all aspects of the accident at work claim limitation period, including how long you have to claim, what date this period is counted from and what exceptions can apply in certain cases. You will also see brief coverage of the limitation period to claim following a fatal accident.
Our final section explores the No Win No Fee contract our panel of expert personal injury solicitors can offer their services under, paying particular attention to how claimants can benefit when choosing to begin a claim under these terms.
To get in touch with our team, whether you have questions or would like a free assessment of your eligibility to claim, use any of the contact information provided here:
- Call us on 020 3870 4868
- You can also contact us online, and an advisor will call you back.
- Finally, we operate a live chat service, which you can access on your screen now.
Contents
- What Is The Accident At Work Claim Time Limit?
- When Does My Time Limit Start?
- Are There Exceptions To The Accident At Work Claim Time Limit?
- Is There A Time Limit For Fatal Workplace Accident Claims?
- Contact Us For Free To See If You Can Claim Compensation
- Read About Workplace Injury Claims
What Is The Accident At Work Claim Time Limit?
The general time limit to claim compensation after a workplace accident is 3 years. This limit was set down in the Limitation Act 1980. In order to claim personal injury compensation, you will need to show that your employer failed to uphold the legal duty of care that they owed you, resulting in an accident that caused you injuries.
You can learn more about the accident at work claim time limit by speaking to one of our advisors today. They can also assess whether you have a valid accident at work claim.
When Does My Time Limit Start?
Typically, the 3 years are counted from the date of the accident. What this means is, you will need to start the personal injury claims process within 3 years of you being injured.
However, the limitation periods in personal injury claims can be extended by the court depending on the facts of the case. We examine these in the next section. You can reach out to advisors for more information regarding the personal injury claims time limit and its exceptions,
Are There Exceptions To The Accident At Work Claim Time Limit?
Yes, there can be. Exceptions can apply in certain circumstances, and the court can grant extensions to the general time limit in these cases. These exceptions are:
- Children: Those who are minors at the time of their accident will have the 3 year limit counted from the day they turn 18.
- Injured persons without mental capacity: if the injured person does not have the mental capacity to claim for themselves, whether due to the accident or a pre-existing condition, then the time limit is halted altogether. However, if the injured person recovers their capacity to a sufficient degree, then the limitation period can be counted from the date they recover.
Now, in both these scenarios, a parent, legal guardian or other suitable adult can apply to be the injured person’s litigation friend. What this means is the appointed individual will pursue the claim on the injured person’s behalf and get the legal process started much sooner.
In cases where the injured person is a child, any compensation awarded will be held in a Court Fund Office until the injured person turns 18. You can ask any questions about litigation friends or check if any exceptions are relevant in your particular case by getting in touch with our advisory team.
Is There A Time Limit For Fatal Workplace Accident Claims?
In cases where a person has suffered a fatal injury to their employer, failing to uphold their duty of care, a fatal accident claim could be made. In fatal accidents, the time period in which you have to start a claim is again 3 years but can be counted differently.
The 3-year limit can be counted from the date of death itself or from the conclusion of any inquest or post-mortem that was carried out, known as the date of knowledge.
You can find out more about claiming fatal accident compensation by getting in touch with our advisors today.
Contact Us For Free To See If You Can Claim Compensation
When you choose to begin a workplace accident claim with one of the highly experienced solicitors from our panel, you choose to work with a dedicated and knowledgeable legal professional who can assist you throughout the claims process.
A solicitor could support you with gathering evidence, communicating with the defendant’s representatives and ensuring all court instructions and deadlines are complied with. You can get your eligibility to claim assed for free today by reaching out to our advisory team.
If eligible, a solicitor from our panel could offer to take the claim on a No Win No Fee basis under what’s known as a Conditional Fee Agreement (CFA). A CFA contract puts the advantage firmly in the claimant’s court with benefits including:
- Not paying a fee for the solicitor to begin work on the case.
- No fees for that work during the claims process itself.
- Finally, should the claim be unsuccessful, you will not be met with any fees for the services your solicitor has provided you.
Should you win the case, however, you’ll receive personal injury compensation. A percentage of that compensation will be deducted by the solicitor as their success fee. Since success fees are legally capped by The Conditional Fee Agreements Order 2013, you will keep most of any compensation that is paid out.
To get in touch with our team, whether you have questions or would like a free assessment of your eligibility, use any of the contact information provided here:
- Call us on 020 3870 4868
- You can also contact us online, and an advisor will call you back.
- Finally, we operate a live chat service, which you can access on your screen now.
Read About Workplace Injury Claims
Find out more about the workplace accident claims process with these guides:
- Learn more about calculating compensation for a workplace accident claim with this guide.
- Read our guide to the most common accident at work claims here.
- In this guide, we examine the question, “How do accident at work claims work?”
You can also see these external resources for additional information:
- Read the Health and Safety Executive guidance on managing risks in the workplace.
- Learn more about when to call 999 using this NHS resource.
- You may be eligible to receive Statutory Sick Pay (SSP) if an accident leaves you unable to work. You can find out more on the government website.
We’d like to thank you for reading our guide on the accident at work claim time limit. To find out more about the limitation period in personal injury claims, or for a free consultation regarding your eligibility to claim, get in touch with our advisory team using the contact information provided above.
