What Is The Accident At Work Claim Time Limit?

If you would like to seek compensation for injuries sustained in the workplace, you may want to know more about the accident at work claim time limit. This is how long you have to get the claims process started.

The Health and Safety Executive(HSE), which is responsible for governing workplace safety regulations, reported that between 2023 and 2024, 604,000 individuals suffered an accident at work. This was according to self-reporting collected by the Labour Force Survey and published by the HSE.

These accidents can happen in various ways, but we’re here to help if you’ve had an accident at work which wasn’t your fault. You might have had a slip, trip or fall that led to back pain and an injury, or even an injury with a forklift, causing a fractured foot. However, the personal injury claim limitation period remains the same.

Our comprehensive guide was made to answer the question of what the accident at work claim time limit is. Our guide will explore this and discuss the purpose of these time limits, if there are any exceptions, and how our panel of solicitors could help you. Furthermore, our panel offer a No Win No Fee service.

Solicitor and his client shake hands

Contact Us

Our advisors are available 24/7 to help assess whether you have good grounds to launch a personal injury claim. As part of this free consultation, they will also look at whether you are within the time limit to claim. To find out more about the accident at work claim time limit, you can contact us:

 Frequently Asked Questions 

  1. How Long After An Accident At Work Can I Claim
  2. Are There Any Exceptions To The Accident At Work Claim Time Limit?
  3. What If I Discover My Injury After Three Years?
  4. Why Is The Accident At Work Claim Time Limit Limited?
  5. How Filing A Claim Early Can Be An Advantage
  6. Get Help Starting Your Claim With UK Law
  7. Learn More

How Long After An Accident At Work Can I Claim

You, in most cases, have 3 years from the date of your accident to start your claim. This rule was established in the Limitation Act 1980 (LA).

For example, if you had an accident at work on 14/05/2025, you would have until 14/05/2028 to start your claim.

A sand timer displays the time

Are There Any Exceptions To The Accident At Work Claim Time Limit?

Despite the accident at work claim time limit, there are exceptions to this. In the case of injured parties who cannot manage a claim themselves, the time limit is suspended. Furthermore, if making a fatal accident claim, there are some other time limits to be aware of.

Fatal Accidents At Work

In most fatal work accident claims, the time limit of 3 years begins either:

  • On the date of death
  • The date of the postmortem – sometimes known as the date of knowledge

It is important to note here that in the first 6 months following the death,  the only party capable of making a claim on the deceased’s behalf is the deceased’s estate. This rule was set in the Law Reform (Miscellaneous Provisions) Act 1934.

Under this act, the deceased’s estate is able to claim on behalf of the dependents of the deceased. However, if the estate doesn’t bring a claim for the dependents within the first 6 months, the dependents can then claim on their own behalf under the Fatal Accidents Act 1976.

We completely understand that if you have lost a loved one, it may seem daunting to start a claim. Here at UK Law, our panel of solicitors is specialised and has decades of experience advocating for people like yourself. We can help offer support and guidance, as we understand grieving is different for everybody.

Accidents At Work Involving A Minor

If an accident has happened involving someone under the age of 18, the accident at work claim time limit is paused. This is because minors cannot manage a claim. It will run from their 18th birthday until their 21st birthday to start their claim.

Accidents At Work Claims For Those Lacking Mental Capacity

If the claimant lacks the mental capacity to claim for themselves, the time limit rules slightly differ.  You might be asking in this case, ‘What is the accident at work claim time limit for those lacking mental capacity?’ Only if the claimant regains mental capacity and recovers will the time limit be resumed and will then run from their date of recovery. The limit is still 3 years here.

A man has bandaged his injured hand up from his accident at work

If you have any questions about time limits for those unable to handle an accident at work claim themselves, please speak to a member of our advisory team.

What If I Discover My Injury After Three Years?

Under section 11(3) of the Limitation Act 1980, it is explicitly stated that the time limit to bring claims is either:

  • 3 years from the date of the accident, or
  • 3 years from the date of knowledge of the injury (if later)

The date of knowledge here means the date that you realised your accident at work was the cause of your injuries.

An example of this in practice is if you have a fall at work and you suffer slight knee pain. You go home, and for the next few months, your knee doesn’t pose any issues. You then suddenly collapse as your knee cannot hold any weight. Then, you attend the hospital to be told you had torn a ligament months prior. At this stage, you would then have the date of knowledge.

Please speak to an advisor for more information about this.

Why Is The Accident At Work Claim Time Limit Limited?

The reason that there is a time limit imposed on all compensation claims is to ensure fairness to both parties. If a claim could be brought indefinitely, it would be unfair, as defendants would then be burdened with old claims.

The time limit means that claims can’t be started too late after the events have happened, as evidence may be unreliable and unobtainable. The limitations also exist to protect our legal system, and ensure justice and fairness to both parties.

How Filing A Claim Early Can Be An Advantage

Starting your claim earlier can be advantageous to you as it provides more time for you to gather supporting evidence. In an accident at work claim, evidence is useful as it helps to identify why the accident happened and who is at fault.

Your evidence could also contain witness statements, so starting your claim earlier means they will have a clearer recollection of the events as they were more recent, therefore strengthening the basis of your claim.

In a lot of accident at work claims, you might have been left unable to work and therefore facing financial hardship. Starting your claim as early as possible means you might also be eligible for interim payments to help throughout the claims process.

We completely understand that starting an accident at work claim can be daunting, especially if you haven’t claimed before. Our team has years of experience and will support you at every step of the process. Below, we will discuss what we can help you with.

Get Help Starting Your Claim With UK Law

The solicitors on our panel work on a No Win No Fee basis, under a Conditional Fee Agreement. This can be beneficial as it means you wouldn’t have to pay for their legal services at the beginning or during your claim.

Instead, if successful, a fee would be deducted from your compensation. This success fee is capped and protected by the Conditional Fee Agreements Order 2013, to ensure that you keep the majority of your compensation.

Conditional Fee Agreements are also useful as they mean that you wouldn’t have to pay a penny for your solicitor’s work if your case were unsuccessful.

Our panel could help you with things like gathering supporting evidence and ensuring your claim is started within the accident at work claim time limit. This isn’t all they can help with. By choosing to work with us at UK Law, our panel would assist you by:

  • Making sure you understand the claim process and legal language
  • Regularly update you about the stages of your claim
  • Advocate on your behalf to achieve a suitable settlement amount
  • Helping you to apply for interim payments if you’re eligible

At UK Law, our team is specialised and personable. We aim to give you the best experience throughout the claims process.

Contact us today to be connected with one of our friendly advisors and learn more about what our team could do for you.

A solicitor and client are discussing their accident at work claim

Speak To Our Advisors

A member of our team can assess whether you have a valid claim and if it is still within the time limit. Additionally, they can advise you on how much compensation you might be able to claim and what evidence you could start to gather. If your claim is eligible and you wish to continue with the service, they could connect you to one of the solicitors from our panel.

We hope our guide has been useful today, but if you have any questions, you can contact us by:

Learn More

Why not read our other guides on:

  • Can your employer sack you for making an accident at work claim?
  • Are you entitled to full pay if you have been injured at work?
  • What is the weight limit for manual handling?

Useful External Resources

Thank you for reading our guide on the accident at work claim time limit.