If you’ve been injured at work and it wasn’t your fault, you may be able to bring a personal injury compensation claim against your employer. But there are time limits on when you can start a claim.
Here we’ll look at how long after an accident at work you can claim. We’ll also detail any exceptions to the rules and look at why you need a specialist personal injury solicitor in your corner as a key element of your claim.
Understanding the legal timeframe
There are different time limits for when you must begin legal action for a personal injury claim, depending on the type of claim. For workplace injuries, nine times out of 10 this will be a claim that negligence by your employer caused your personal injury.
For negligence, there is a time limit of three years from the date of the incident for you to bring the claim. There are some slight exceptions which we’ll look at in more detail below. But the three-year rule – as set down by the Limitation Act 1980 – is the general rule for workplace compensation claims.
But just because you have three years to make the claim doesn’t mean you should wait this long. Say for example you slipped, tripped or fell at work and injured yourself following negligence by your employer, it makes sense to start your claim as soon as possible.
Not only will the facts be fresh in your head, but this will also be the case for any witnesses who saw the accident. If you wait too long, there may also be a chance that important medical documents or evidence could go missing.
What to do following an accident at work
If you’ve had an accident at work, you should:
✔ Report the accident
Usually to your line manager, but make sure you follow the correct procedure in line with your company’s health and safety policy.
✔ Log the incident
Make sure full details of the incident are recorded in writing in the incident book. All companies with more than 10 employees must have an incident book, but many smaller companies have these too.
✔ Seek medical attention
See a doctor or medical professional straightaway to treat any injuries. It’s important to have full details of your injuries in your medical record.
✔ Speak to any potential witnesses
The accounts of anyone who saw the accident may prove crucial to the success of your claim. Make sure you have full details of any witnesses and check if they’re happy to fill out a witness statement.
Are there any other factors that can influence the timeline for bringing a claim?
Under the Limitation Act, the time limit for a personal injury claim for employer negligence is:
- Three years from the date you suffered the accident
- Or three years from the date you became aware that negligence caused or contributed to your injury
Not all injuries are immediately apparent. Whilst injuries caused by a slip or trip might be obvious straightaway, others might only appear further down the line.
Take the example of exposure to certain chemicals. This could cause long-term respiratory problems for example. Under the act, you should be able to bring your claim up to three years from the date you realised that these issues were caused by your employer’s negligence.
If the claim is brought by a ‘litigation friend’ on behalf of a minor or someone who lacks the mental capacity to make a claim, there is no time limit and the claim can be brought at any time.
Seeking professional advice
With any personal injury claim against your employer, it’s so important to have legal professionals in your corner. Understanding how long you can claim after an accident at work is just one element of your claim.
To make a successful personal injury claim following an accident at work, you need to prove three things:
- That your employer owed you a duty of care
- That they breached this duty
- You suffered an injury as a result
Points two and three are the key elements you’ll need to prove, and you’ll likely need evidence to back up your claim. Evidence can help prove that your employer breached their duty of care and that this breach caused your injury. Supporting evidence could include:
- Witness statements that prove your employer failed to properly maintain equipment, provide adequate PPE or adhere to health and safety regulations.
- Photos of your injuries or the accident site.
- Medical evidence regarding the severity of your injuries and any subsequent treatments you’ve required. A copy of your medical records is key here.
Collating all this evidence can be a daunting task without a personal injury legal professional to help. Plus, personal injury solicitors have detailed knowledge and experience in navigating all elements of personal injury cases. If your claim goes to court, this expertise is vital for success.
How can InjuryLawyers4U help you?
If you’ve been injured following an accident at work, you may be able to bring a compensation claim for the injuries caused by your employer’s negligence.
Contact us to find out more and to arrange for a free consultation with one of our expert lawyers.
