If the worst has happened and you’ve been injured in an accident at work, claiming compensation can help cover medical costs, lost wages and other expenses. However, knowing how long after an accident at work you can claim is important for a successful claim.
Missing the deadline could mean losing your right to compensation. In this helpful guide, we’ll cover the legal time frame for filing a claim and how you can navigate the process to ensure you get the right compensation for your injury.
Understanding the legal time frame
In the vast majority of accident cases, the statute of limitations for filing a compensation claim for a personal injury sets a deadline of three years. This time limit will usually begin from the date of the accident. The statute of limitations is a legal time frame within which a person must take legal action. After this period, the court will typically reject your claim unless an exception applies.
This three year time limit is a standard limit for personal injury claims in the UK. However, different types of accidents — like claims for asbestosis — might have different time limit starting points. The three year limit might also change if the accident happened abroad or at sea. Always check the specific laws that apply to your situation.
Factors influencing the time frame
There are a few key factors that could influence the time frame for claiming compensation after a work accident. Some injuries might not be immediately apparent for example, and might flare up or be discovered later on. In this case, the three-year time limit would begin upon your discovery of the injury.
Similarly, another reason for a change of time frame might be if you have been exposed to chemicals that have caused a long-term problem. In this case, you should be able to bring your claim up to three years from the date you realised that these issues were caused by your employer’s negligence.
There are also a few other exceptions to the three-year rule:
- If you were mentally incapacitated, such as suffering brain damage, there is no time limit.
- If your accident occurred abroad, please consult our solicitors for specific time limits.
- If your injury resulted from using faulty equipment, the three-year period starts from the date the fault was discovered.
The faster you act, the better your chances of a successful claim.
Seeking professional advice
The idea of seeking help for your injury or condition on your own is extremely hard. Without legal expertise, simply navigating the legal pitfalls alone is enough to frustrate even the most patient claimant. Thankfully, if you talk to an expert solicitor from Express Solicitors, we’ll explain your legal rights and ensure your claim is filed within the correct time frame.
By getting in touch, you can rely on us to assess the value of your claim, ensuring you receive the compensation you deserve, and to handle all the legal complexities and paperwork — allowing you to focus on recovery.
Frequently asked questions
What happens if I miss the deadline for claiming compensation after a work accident?
If the three-year limit expires, you may lose your legal right to claim compensation. However, some exceptions may apply, so it’s important to seek legal advice.
Are there any exceptions to the three-year time limit?
Some exceptions can apply — like in cases of delayed injury symptoms, or if the injured person lacks the mental capacity to make a claim. Additionally, for injuries related to industrial diseases, the time limit starts when you first become aware of the condition.
What if the accident resulted in a fatality?
In the event of a fatal accident, the three-year period begins from the date of death, rather than the date of the accident. Family members may be able to file a claim on behalf of the deceased.
Can I still claim if I was partially at fault for the accident?
You can still make a claim even if you were partially responsible for the workplace accident. However, your compensation may be reduced based on your level of involvedment.
Does the time frame differ for claims against different types of employers?
The three-year limitation applies to all employers, whether you work for a small business or a large corporation.
Why choose Express Solicitors?
At Express Solicitors, we bring over 20 years of expertise in handling legal claims, with a strong focus on workplace accidents. Our dedicated team will work tirelessly to ensure you receive the justice and compensation you deserve for any injuries you might have sustained while on the job.
We also operate on a no-win, no-fee basis, so you can begin your claim without worrying about upfront costs or legal fees. Our goal is to make the process as smooth and stress-free as possible, guiding you every step of the way.
If you’ve been injured at work, reach out to us today and find out how much compensation you might be entitled to.
Contact us
Have you been in an accident that wasn’t your fault? Express Solicitors can get you the justice and compensation you deserve. We have an expert team with the experience to win even the most complex cases. Start your claim with us today. Call us on 0161 516 6501 or start your claim online.