In this guide, we’ll be discussing the process of making a claim for an accident at work after 3 years. There is a general time limit in place but there are certain exceptions that can apply. We will discuss these throughout our guide.
We’ll also be discussing how accidents at work can happen and the steps you can take if you are injured as a result, including gathering evidence and seeking legal advice.
Additionally, we will look at your employer’s responsibilities in the workplace, including the duty of care they owe you.
Furthermore, we’ll explore the compensation you could receive after making a successful claim as well as the factors that can be considered when calculating how much you are owed.
If you have any questions regarding your potential claim, then get in touch with our advisors by using the contact information below:
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- Can I Claim For An Accident At Work After 3 Years?
- When Are You Able To Claim For An Accident At Work?
- Potential Evidence For An Accident At The Workplace
- Work Injury Claim Calculator – What Compensation Could You Receive?
- Why Seek Accident At Work Compensation On A No Win No Fee Basis?
- Learn More About Whether You Can Claim For An Accident At Work After 3 Years
The standard time limit to begin an accident at work claim is three years. This is either from the date the accident took place or the date that you became aware that your injuries were caused by negligence. This is outlined in The Limitation Act 1980.
There are exceptions to this, though; for example, a person may be able to start a claim for an accident at work after 3 years in the following situations:
- They are under the age of 18: In this instance, the standard time limit is paused. While it is paused, a suitable adult can make an application to the courts to be a litigation friend and make the claim on the child’s behalf. If this is not done by the time they turn 18, the child will have three years to start their own claim from the date of their 18th birthday.
- They lack the mental capacity to make their own claim: Similarly, the standard time limit to start a claim is paused allowing a suitable adult to apply to act as a litigation friend and put forward the claim on their behalf during this time. If the person recovers, the three years will resume from their recovery date. This can only be done if no claim has already been made for them.
To learn more about the exceptions and whether they could apply to your specific circumstances, get in touch on the number above.
Employer’s owe their employees a duty of care. This means that they must take reasonable steps to either remove the risk of injury posed by known hazards or reduce the risk. This is detailed in the Health and Safety at Work etc. Act 1974.
A failure to uphold this duty of care resulting in an employee sustaining harm is known as negligence. You must be able to demonstrate that negligence has occurred in order to seek compensation.
Examples of how an employer could breach their duty of care can include:
- An employer not ensuring they provide necessary and adequate personal protective equipment (PPE). As a result, an employee sustains a head injury because they don’t have a hard hat while working on a construction site.
- An employer failing to maintain machinery in the workplace causing an employee to sustain a severe crushed hand injury from faulty equipment.
As part of the personal injury claims process, it’s important to gather sufficient evidence of negligence. Please read on to learn more. Alternatively, get in touch with our team to find out if you’re eligible to claim for an accident at work after 3 years.
After sustaining an injury in a workplace accident, there are different steps you can take, including gathering evidence. Examples of the evidence you could gather include:
- CCTV footage
- Pictures of your injuries
- Pictures of the accident scene
- The contact details of any witnesses
- Copies of medical records
If you’re unsure about collecting evidence, please get in touch with our team. They can offer free legal advice and may be able to connect you with a solicitor from our panel provided your claim is valid and has a chance of success.
General damages is one of the heads of claim that can make up an accident at work settlement. It compensates for the way in which a person’s injuries have impacted their quality of life, with consideration given to their emotional and physical pain and suffering.
Solicitors can use figures from the Judicial College Guidelines to help them calculate this head of claim. The guidelines include a list of compensation brackets relating to different injuries. These figures are in the table below. The figures are not guaranteed, however, as each claim is unique.
|Arm Injury||£96,160 - £130,930||(a) Severe Arm Injuries: Examples include a serious brachial plexus injury.|
|Foot Injuries||£83,960 - £109,650||(a) Both feet are amputated.|
|Neck Injury||£65,740 - £130,930||(a) Severe (ii): Includes serious fractures or disc damage in the cervical spine.|
|Leg injury||£54,830 to £87,890||(b) Severe Leg Injuries (ii): Very serious injuries causing permanent mobility issues.|
|Back Injury||£38,780 - £69,730||(a) Severe (iii): Cases of disc lesions or disc fractures are included in this bracket.|
|Knee injuries||£26,190 to £43,460||(a) Severe (iii): Injuries less severe than those in higher brackets, but still resulting in lasting disabilities.|
|Injuries to the elbow||£15,650 to £32,010||(b) Less severe Injuries: Injuries causing an impairment of function. but won't include any major surgery.|
|Hand Injury||£14,450 - £29,000||(g) Less Serious Hand Injury: Includes severe crush injury resulting in impaired function|
|Shoulder injuries||£12,760 - £19,200||(b) Serious: Dislocation to the shoulder, and damage resulting in pain, and restricted shoulder movement.|
|Achilles Tendon||£7,270 - £12,590||(d) Minor: A turning of the ankle resulting in disability and lack of ankle support.|
Special Damages In An Accident At Work Claim
Special damages is another head of claim that could make up your overall compensation amount. It aims to reimburse a claimant for any financial losses they may have experienced due to their injury. Some examples of this include:
- Loss of earnings
- Cost of care
- The cost of adjustments to your home whilst recovering
- Medicine you’ve paid for
You should collect evidence of the losses including receipts and invoices.
For more information on the compensation you could receive following a successful claim, get in touch on the number above.
A solicitor offering a No Win No Fee arrangement, such as a Conditional Fee Agreement, could benefit you. It generally means that you won’t need to pay for the work they have completed on your case if it is not successful.
If the claim is successful, a solicitor can take a success fee from your compensation as a percentage that is subject to a legal cap.
To discuss whether a solicitor from our panel could represent you on this basis, get in touch with our team. An advisor can also provide further guidance on whether you can claim for an accident at work after 3 years.
To reach them, you can:
For more of our guides:
- I’m unable to walk after an accident at work, how do I claim compensation?
- I had an accident at work, how long do I have to claim?
- Am I eligible to make a work injury claim?
For more external resources:
- Health and Safety Executive – Employer Responsibilities
- GOV – Statutory Sick Pay (SSP)
- NHS – First Aid
Thank you for reading this guide on whether you can claim for an accident at work after 3 years. For more information, call using the number above.
Writer Louis Pen
Editor Meg McConnell