FAQS – Frequently Asked Questions For Accidents At Work
By Lewis Aaliyah. Last Updated 13th July 2023. If you have had an accident at work, you may be able to make a personal injury claim. However, you will need to prove that your injuries were directly caused by your employer breaching their duty of care.
Within this guide, we will discuss the duty of care all employers owe their employees and the accident at work claim time limit and eligibility criteria that must be met. We will also answer frequently asked questions referring to workplace injury claims, such as ‘When should I report an accident at work?’
If you are unsure whether you may have a valid claim, you can contact one of our friendly advisors. They are available 24 hours a day, 7 days a week, to offer you free advice and help answer your questions. Furthermore, they may also connect you with an accident at work solicitor from our panel.
To get in touch, you can:
How Do I Make A Claim For An Accident At Work?
If you have had an accident at work, in order to be eligible to make a personal injury claim, you must meet the following criteria:
- Your employer owed you a duty of care.
- They breached this duty of care.
- Due to this, you suffered an injury.
All employers owe their employees a duty of care under the Health and Safety at Work etc. Act 1974. They must ensure that they take reasonable and practicable steps to ensure your safety and health while you are performing work-related duties and in the workplace. If they fail to do so, this could result in an accident at work, and you may be able to make a claim for compensation.
Continue reading this guide for more information about the accident at work claim time limit. Or, if you would like to discuss your potential claim, you can contact our friendly advisors. They can offer you a free consultation and may also connect you with an accident at work solicitor on our panel.
How Long After An Accident At Work Can You Claim?
If you are eligible to make a personal injury claim after you had an accident at work, you must also ensure that you begin legal proceedings within the correct limitation period. Under the Limitation Act 1980, you will have three years to start a claim from the date the accident occurred.
However, there are certain exceptions to this time limit. For example, the time limit is suspended indefinitely for those who lack the mental capacity to make their own claim. During this suspension, a litigation friend could act on their behalf. Should a claim not be made on their behalf, and the injured party regains this mental capacity, they will have three years to start one from the date of recovery.
The time limit is paused for minors until their 18th birthday. From this date, they will have until their 21st birthday to start a claim. Alternatively, a litigation friend could make a claim on their behalf prior to this date.
If you have any additional questions regarding the accident at work claim time limit, you can contact our advisors.