Accident at Work Claim Time Limit

Last Updated 7th March 2024. Welcome to our guide looking at the accident at work claim time limit. Have you been injured in an accident at work? Do you feel that your employer’s negligence was to blame for your injuries? If you’ve been injured at work due to your employer’s failings, the time limit for claiming is an important thing to be aware of. In many cases, your claim will be statute-barred after this time limit elapses. This means that it will be difficult for you to pursue compensation. 


Accident at work claim time limit

When you’re injured in an accident at work, the recovery process can be very frustrating. This is particularly the case if your accident was caused by your employer’s negligence.  Injuries sustained in accidents at work can cause pain, suffering and financial strain. A claim for compensation can help mitigate some of these effects following an accident. However, it’s important that you make a claim within the time limit in order to be able to receive compensation.

This guide has been written to help you understand this limitation period and any exceptions that could apply. If you have any questions at any point, then reach out to our team of advisors. They will be happy to answer your questions. In addition, they could connect you with a solicitor from our panel who can work on a No Win No Fee basis. 

Get In Touch With Our Team

If you still have questions about the time limit on accident at work claims after reading this guide, our team of advisors are on hand to help. They can also take details of your claim and, if it has a good chance of success, may be able to connect you with a personal injury lawyer from our panel. There are a number of ways you can reach us:

Services And Information

  1. What Is The Accident At Work Claim Time Limit?
  2. Are There Exceptions To The Accident At Work Claim Time Limit?
  3. Accident At Work Compensation Calculator
  4. I Suffered An Accident In The Workplace, What Should I Do?
  5. Can Accident At Work Claims Be Handled On A No Win No Fee Basis?
  6. Other Information

What Is The Accident At Work Claim Time Limit?

The Limitation Act 1980 states that if you’ve had an accident at work, the claim time limit is 3 years. The 3-year time limit will generally start from the date of the accident.

However, there are some exceptions to this time limit. For instance, some injuries may not be noticed immediately. If, for example, you suffer hearing loss because you weren’t provided with proper personal protective equipment (PPE), this may take some time to become evident. In these cases, you would be able to claim from the date you became aware that your injuries were the result of negligence. 

If you have any questions at all, please get in touch with us on the number at the top of this page.

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

Some exceptions to the time limit affect how long you can claim after an accident at work. While you’ll generally have three years to start a claim from the date of your accident, this changes for minors, those lacking the mental capacity to claim for themselves, and in some cases for fatal accident claims.

Those Under The Age Of Eighteen

If you were injured at work while under the age of eighteen, the time limit won’t start until your eighteenth birthday. Up until then, a litigation friend can make a claim on your behalf. Otherwise, if no claim is made, you’ll have three years from your eighteenth birthday to start proceedings.

Those Lacking The Mental Capacity To Claim For Themselves

For those who lack the mental capacity to claim for themselves, the time limit is suspended indefinitely. A litigation friend can make a claim on their behalf at any time, and the time limit only reinstates if they recover the needed capacity. If this is the case, then the time limit begins on the date of their recovery and lasts for three years.

Fatal Accident Claim Time Limits

If you lose a loved one in a fatal accident at work, the time limit for claiming on their behalf remains three years. However, for the first six months of these three years, only the estate can make a claim on their behalf. The estate can claim for the pain and suffering of the deceased, but they can also claim on behalf of the dependents.

However, if the estate does not make a claim on behalf of the dependents, then certain qualifying relatives will have two and a half years following the estate’s period to claim for themselves.

You can contact our team today to find out if you are within the correct time limit to make a claim.

A female construction worker lays unconscious on the floor and is tended to by a colleague

Accident At Work Compensation Calculator

A compensation amount could be made up of two heads of claim. These are known as general damages and special damages. General damages are awarded to address the pain and suffering caused by the injury you’ve sustained.

This figure is calculated with the help of the Judicial College Guidelines (JCG). The JCG contains a list of guideline compensation amounts that could be awarded for a variety of injuries. Alongside these guidelines, the lawyer handling your claim will usually refer to a report obtained from a medical expert. This expert would conduct an assessment, arranged for you by your lawyer, to firstly prove that the injuries were caused by the accident, and secondly, to help them value your claim. 

Special damages reimburse you for any financial losses or outgoings caused by your injuries. This is calculated on a case-by-case basis and can include things such as loss of earnings, the cost of treatment and transport to and from hospital appointments.

Below, we’ve listed some example figures taken from the latest version of the JCG. 

Injury Description Amount
Moderate post-traumatic stress disorder In these cases the injured person will have largely recovered and any continuing effects will not be grossly disabling £7,680 to £21,730
Total deafness The lower end of the bracket is appropriate for cases where there is no speech deficit or tinnitus. The higher end is appropriate for cases involving both of these £85,170 to £102,890
Chest injuries Damage to chest and lung(s) causing some continuing disability £29,280 to £51,460
Minor back injuries (ii) Where a full recovery takes place without surgery between three months and two years. £2,300 to £7,410
Moderate pelvis and hip injuries Significant injury to the pelvis or hip but not any permanent disability is not major and any future risk not great £24,950 to £36,770
Elbow injury Severely disabling elbow injury £36,770 to £51,460
Severe neck injury (ii) Injuries, usually involving serious fractures or damage to discs in the cervical spine, which give rise to disabilities which are considerably severe £61,710 to £122,860
Serious shoulder injury Dislocation of the shoulder and damage to the lower part of the brachial plexus causing pain in shoulder and neck £11,980 to £18,020
Wrist injury Injuries which result in a complete loss of function £44,690 to £56,180

If you’d like a more accurate valuation of your case, please get in touch with our specialist advisers. 

I Suffered An Accident In The Workplace, What Should I Do?

If you sustain an injury at work, there are a number of steps you should take. Every case is different, but we have listed some of the most common below:

  • Seek medical care – Receiving treatment for your injury is important. This could be by visiting a hospital straight from the accident or arranging an appointment with a GP at a later date. Seeking medical attention will also provide evidence in the form of medical records. This could support your claim down the line. 
  • Gather evidence – Things that could substantiate your claim might include photographs, written witness statements, and medical records. The more evidence you gather, the better your chances of a successful personal injury case.
  • Contact a solicitor – Seeking legal advice could be a very helpful step. Although there is no legal obligation to have a solicitor represent you in making a claim, the process of claiming can be quite daunting to those without legal training. Obtaining the support and advice of a solicitor could help the process run more smoothly and maximise your compensation award. 

Can Accident At Work Claims Be Handled On A No Win No Fee Basis?

A No Win No Fee arrangement is a contract between you and your solicitor that sets out the conditions they need to fulfil before they receive payment. It means that you are not required to pay your lawyer before your claim begins or while it is ongoing. You also won’t be asked to cover their costs in the event that your claim is unsuccessful either.

If you are successful and awarded compensation, then your lawyer is paid via a small percentage taken from your settlement amount. This success fee is capped by law and means you will always receive the majority of the compensation awarded to you. 

Our panel of lawyers have worked with many clients on a No Win No Fee basis in the past. If this is something you would be interested in, then please get in touch with our advisors today. If they feel your claim has a good chance of success, they may be able to connect you with a lawyer who can offer you a No Win No Fee agreement.

There are a number of ways you can reach us:

Other Information

We’ve included some additional reading material on this subject. You may find it useful to have a look.

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

Written by IB

Checked by NC