How Long After an Accident at Work Can You Claim?

Accidents at work

Accidents in the workplace are a common occurrence in certain sectors, and many of these accidents could have been avoided by employers implementing the correct measures and procedures to minimise the risk of an accident at work from taking place.

Understanding what to do in the aftermath of a workplace accident can be daunting, especially when considering the potential physical, emotional, and financial toll it may cause.

If you have suffered a workplace injury, you may be considering making a work injury claim. Understanding the timelines and procedures for filing a claim is essential for securing necessary compensation and support.

If you have been involved in an accident at work that was not your fault and have been left wondering, ‘how long after an accident at work can you claim?’, our personal injury solicitors can provide the guidance and assistance that you need to claim the compensation you deserve.

How long after an accident at work can you claim?

The Limitation Act 1980 stipulates strict personal injury claim time limits. The time limit for an accident at work claim is typically three years from the date of the accident or from the date you became aware that the injury was work-related (known as the “date of knowledge”).

How long after an accident at work can you claim? Exceptions to the three-year rule

There are exceptions to the three-year time limit:

• For minors: The three-year period begins on the individual’s 18th birthday.
• For individuals lacking mental capacity: The time limit may be paused until they regain capacity.
• In cases involving diseases or conditions: For example, if you develop an illness caused by exposure to harmful substances at work, the three-year limit begins from the date of diagnosis. 

Why start your claim early?

While you have a three-year time limit to initiate legal proceedings, starting the claims process as soon as possible is highly advisable. Early action allows for:

• Timely investigation: Ensuring details are accurate and evidence is fresh.
• Effective documentation: Collecting necessary medical reports, accident logs, and photographic evidence.
• Reliable witness testimony: Engaging witnesses while their recollections are still clear.

Delays in filing your claim may weaken your case, as evidence could deteriorate, and it may become harder to establish liability and prove the extent of your injuries.

When should you hold Off?

In some cases, it might be wise to delay starting a claim by a few weeks to assess the severity of your injuries. If you recover quickly and your injuries are minor, pursuing a full personal injury claim may not be appropriate. Instead, you might consider a small claims process for minor losses or expenses.

How a solicitor can help

If you are considering filing a claim for an accident at work, seeking legal advice from a solicitor specialising in personal injury law is highly recommended. They can:

• Advise on the specific limitation periods relevant to your case.
• Assist in gathering evidence and preparing your claim.
• Provide guidance on the best course of action, whether to proceed immediately or delay briefly to assess the situation.

Taking swift, informed steps can greatly enhance your chances of achieving a successful outcome in your claim.

Common types of accidents at work

The types of accidents that can lead to work accident claims may depend on the specific circumstances of each incident, but the majority of accidents at work that result in work accident claims include:

Slips, trips, and falls:

These accidents can result in a range of injuries, such as broken bones, head injuries, and sprains, and can lead to work accident claims if they were caused by a hazard that was not properly addressed by the employer.

Manual handling injuries:

This includes injuries caused by lifting, carrying, or moving heavy objects, and can result in back injuries or other types of musculoskeletal disorders.

Industrial machinery accidents:

These types of accidents can result in serious injuries, such as amputations, and can be caused by a lack of training, poor maintenance, or inadequate safety measures.

Work-related road traffic accidents:

These can occur when employees are required to drive for extended periods of time, such as making deliveries, and can result in injuries to the employee or other drivers or passengers.

Construction site accidents:

This includes accidents on construction sites, such as falls from scaffolding, being struck by falling objects, or accidents involving heavy machinery.

If you have been injured in an accident at work due to a breach of your employer’s duty of care, you may be entitled to make a claim. It is important to seek legal advice from a qualified work accident lawyer. They can help you understand your rights and the compensation you may be entitled to.

What to do after an accident at work

There are a number of steps you should take following an accident at work, with the most important being seeking medical attention for your injuries.

Report the accident to your employer:

You should report the accident to your employer as soon as possible. This should be done in writing and should include all the details of the accident, as well as the names and contact details of any witnesses. Your employer should have an accident book available to record details of any accidents at work.

Seek medical attention:

You should seek medical attention for your injuries as soon as possible. Make sure to keep a record of all medical treatment you receive, including any medication you take and any medical bills you incur.

Gather evidence:

It is important to gather as much evidence as possible to support your claim. This may include photographs of the accident scene, witness statements, CCTV footage, and any other documentation that may be relevant to your case.

Contact an accident at work solicitor:

Your employer is responsible for your health and safety at work. If you are injured, you may be able to make a claim. If you are interested in making a claim, contact accident at work lawyers, such as Beacon Law. We can provide you with expert advice and represent you in court proceedings.

What can you claim?

If you have suffered an accident at work, you may be entitled to claim compensation for various types of losses and damages. These are broadly divided into general damages and special damages. Here’s a detailed breakdown:

General damages

These compensate for the pain, suffering, and loss of quality of life caused by your injury.

• Physical Injuries: Compensation for the severity and duration of physical pain and discomfort resulting from your accident.
• Emotional Distress: If the accident caused psychological trauma, such as anxiety, depression, or post-traumatic stress disorder (PTSD).
• Loss of Amenity: This covers the impact on your ability to enjoy hobbies, social activities, or everyday tasks that you could perform before the accident.

Special damages

These compensate for the financial losses incurred due to the accident.

Loss of Earnings

• Past Earnings: Compensation for wages lost during your recovery period.
• Future Earnings: If your injuries affect your ability to work in the long term, you may claim for loss of future income, including bonuses and career progression opportunities.

Medical Expenses

• Costs of treatment, such as surgery, physiotherapy, or specialist consultations.
• Prescription costs and over-the-counter medication.
• Rehabilitation expenses, such as mobility aids or home modifications.

Travel Expenses

• Costs of traveling to medical appointments or rehabilitation sessions.
• Travel expenses incurred by family members providing care or support.

Care and Assistance

• Costs of professional care if you need help with daily tasks.
• Compensation for care provided by family members or friends, even if unpaid.

Property Damage

• Replacement or repair costs for personal items damaged in the accident, such as clothing, tools, or equipment.

Other Expenses

• Costs of hiring someone to perform tasks you can no longer manage, such as cleaning, childcare, or gardening.
• Any other out-of-pocket expenses directly resulting from your accident.

 

Why choose Beacon Law?

At Beacon Law, our law firm provides a team of highly experienced no win, no fee solicitors and legal professionals. We provide a high level of service to all our clients and work hard to ensure you make a successful claim and receive the highest level of injury at work compensation for your accident.

Beacon Law is regulated by the Solicitors Regulation Authority. To find out about our no win, no fee funding, have a look at the funding section on our website.

If you have been left thinking, ‘how long after an accident at work can you claim?’, please do not hesitate to get in touch and we will be happy to discuss your claim with you without any obligations.

For a free initial consultation, contact us using the form at the top of the page or using our live chat facility. Alternatively, you can call us directly on 03301332857