I Had An Accident At Work, How Long Do I Have To Claim?

Have you been injured due to an accident at work as the result of negligence and are wondering how long you have to claim? This article will explain what constitutes a workplace accident and how it can happen. We will also look at how claims are valued as well as explain what No Win No Fee means.

how long you have to claim for an accident at work

A guide on how long you have to claim for an accident at work

Accidents in the workplace can result in injuries ranging from minor to major, and with different effects on your quality of life. You can claim for physical and psychological injuries. In addition to this, andy costs you’ve incurred as a result of your injuries could also be included in your claim. 

Our advisors are available around the clock to answer any of your questions about the personal injury claims time limit and provide free legal advice. If they determine you have a valid claim, they could forward you to our panel of No Win No Fee solicitors to start the claiming process.

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  1. How Long Do I Have To Claim After I Had An Accident At Work?
  2. What Is A Workplace Accident?
  3. How Can An Accident At Work Happen?
  4. Calculating Accident At Work Compensation
  5. What Does No Win No Fee Mean?
  6. More Resources – How Long Do I Have To Claim After I Had An Accident At Work

How Long Do I Have To Claim After I Had An Accident At Work?

If you have been injured in an accident at work due to employer negligence, you may have grounds to make a claim. Negligence is where an employer has breached their duty of care towards you, and it can result in injury. 

The Health and Safety at Work Act etc.1974 (HASAWA) is a piece of legislation that outlines the health and safety regulations in the workplace. In line with their duty of care, an employer has the responsibility to follow the guidance set out in HASAWA and take reasonably practicable steps to ensure that they provide a safe working environment. 

If you believe your employer breached their duty of care, directly resulting in your injury, then it’s important to recognise that there are time limits that apply to starting claims. 

The Limitation Act 1980 establishes this time limit as:

  • 3 years from the date of the injury; or
  • 3 years from the date you realised that negligence contributed to your injuries 

There are some exceptions to the standard 3-year time limits. For example:

  • If you’re under 18, a litigation friend can claim on your behalf with the time limit suspended until you’re 18. It starts again once you turn 18, provided no one has claimed on your behalf. 
  • If you lack the mental capacity to represent yourself, a litigation friend can claim on your behalf. The time limit is also suspended while you’re unable to claim for yourself. It begins in the event that you recover the mental capacity to claim.

Contact our advisors for more information on accidents at work and how long you have to claim.

Accident At Work Statistics

Employers report non-fatal injuries under the Reporting of Injuries, Diseases, Dangerous Occurrences Regulations 2013 (RIDDOR) to the Health and Safety Executive (HSE). In 2020/21, the HSE documented 51,211 non-fatal injuries with 37,111 necessitating a 7-day absence from work. 

The rate of employer-reported non-fatal injuries has declined over the past few years from 242 to 185 per 100,00 employees. However, it’s important to note that these instances don’t relate to negligence so we can’t extrapolate how many of these could have led to successful claims. 

What Is A Workplace Accident?

HASAWA establishes the responsible steps an employer can take to ensure they provide an adequately safe working environment. They include:

  • General housekeeping – All walkways should be clear. Obstructions like loose wires should be correctly stowed and any spills should be mopped up to prevent slip, trip and fall accidents. 
  • Maintaining work systems – Employers should properly maintain their equipment and tools for their employees, ensuring that they are safe to use. Malfunctioning machinery can endanger workers and cause various types of injuries such as fractures and lacerations.
  • Providing sufficient training and supervision – Employees should have access to free, relevant training that they need to do their role safely. Inadequate training can cause injury when operating heavy machinery like forklifts. 
  • Providing personal protective equipment (PPE) – According to the Personal Protective Equipment at Work Regulations 2022, all employees should be provided with suitable PPE where necessary. Failure to provide PPE or providing faulty PPE can be dangerous. For example, normal boots could cause someone’s foot to be crushed during a manual handling accident.
  • Completing risk assessments – Employers should perform risk assessments per The Management of Health and Safety at Work Regulations 1999 assessing the presence of risks and removing or reducing them where possible. 

We encourage you to get in contact with our advisors as they can help determine whether your accident at work injury was due to employer negligence, as well as how long you have to claim for an accident at work. If you have a valid claim, they could connect you with a lawyer from our panel. 

How Can An Accident At Work Happen?

Accidents at work can happen in a number of ways, some of which we’ve touched upon in the section above. Your claim will be stronger if you can provide evidence of how the incident occurred.

Some examples of evidence can include:

  • Medical records – Seek medical attention to ensure you are well; furthermore, any document produced by a medical professional can be used to support your claim.
  • Accident at work book report – In a workplace with 10 or more employees, employees should have an accident at work book. Complete the book, or have a colleague do it on your behalf,  to create a timely record of the accident.
  • Photographs – Take pictures of your injury and the site of the accident to strengthen your case.
  • CCTV footage – Ask your employer for CCTV footage of the accident, and collect any colleagues’ recordings that they might have made.
  • Witness details – Collect witness details for a legal professional, like a lawyer, to collect statements later on.

For more information on the evidence that can be used to support your accident at work and how long you have to claim, get in touch with our advisors today. 

Calculating Accident At Work Compensation

When calculating compensation for an accident at work, you may receive a payout for general and special damages. The Judicial College Guidelines (JCG) outline potential compensation brackets for general damages, which is the head of your claim relating to the pain you experienced due to your injury.

The JCG provides guideline compensation brackets according to the severity and type of injury, as shown in the table below:

Very severe scarring for facial disfigurement (a)£27,940 to £91,350Where the injured person is relatively young, from teen to early 30s, and the cosmetic effect is very disfiguring
Damage to teeth (iv)£1,020 to £1,600Where the back teeth are damaged or lost. The amount awarded is per tooth.
Fractures of cheekbones (ii)£4,080 to £6,060Where reconstructive surgery is necessary but there is complete recovery with minor cosmetic effects.
Serious toe injuries (d)£9,010 to £12,900Serious crush injuries of the great toe or multiple fractures of the toes. There may be permanent discomfort, pain or sensitive scarring.
Moderate foot injuries (f)£12,900 to £23,460The injured person has displaced fractures of the metatarsal causing permanent deformity and lasting symptoms. Risk of long-term osteoarthritis and/or future surgery.
Moderate knee injuries (ii)Up to £12,900Lacerations, twisting or bruising injuries, with continuous discomfort, aching and occasional pain.
Less serious leg injuries (c)£16,860 to £26,050Fractures with an incomplete recovery or serious soft tissue injuries. The injured person has been outfitted with a metal implant and/or defective gait, impaired mobility and gait, sensory loss, discomfort and an exacerbation of any other pre-existing conditions.
Minor hand, finger and thumb injuries (v)Up to £4,461Fractures that have recovered in six months. Can also include scarring, tenderness, and cold aversion.
Wrist injury (a)£44,690 to £56,180Complete loss of wrist function.
Less severe elbow injury (b)£14,690 to £30,050Function impairment to the joint without major surgery. May result in a minor disability.

On the other hand, special damages is the head of claim you can receive to cover the financial costs that you have incurred during your injury. Some examples of special damages can include:

  • Loss of earnings and future income
  • Child care costs
  • Travel costs to medical appointments
  • Medical procedures that you couldn’t get on the NHS

Talk to our advisors today to see how to claim compensation for personal injury and what you may be eligible to receive as part of your accident at work claim. They can also confirm how long you have to claim for an accident at work.

What Does No Win No Fee Mean?

No Win No Fee or Conditional Fee Agreements are a way of funding legal representation in a claim. It means that your solicitor won’t ask for upfront payment, or for anything as your claim progresses. 

Furthermore, if you lose your claim, you don’t have to pay their fees at all. They will only take a small, capped percentage of your compensation to cover their legal costs (which is called a success fee) in the event that you’re awarded compensation. 

Ask Us “I Had An Accident At Work, How Long Do I Have To Claim?”

If you want to know how long you have left to claim, then contact our advisors today. They can find out whether your claim is valid and, if it is, connect you with an expert No Win No Fee solicitor from our panel.

Get in touch today by:

More Resources – How Long Do I Have To Claim After I Had An Accident At Work?

We also have a bunch of guides on accident at work claims which you can read below:

Or click the external informative links below:

Can you receive Statutory Sick Pay?

NHS – When to call 999?

HSE – Reporting accidents and incidents at work

For more information on your accident at work and how long it takes to claim, get in touch with our team.