Generally speaking, adults have 3 years from the date of injury (or the
date of knowledge of injury/medical condition) to issue legal proceedings on a personal injury claim, including those that happen at work.
Whilst we recommend that you seek legal advice as soon as you can after an injury at work happens, we do appreciate that individual circumstances can complicate or delay matters.
Under the Limitation Act 1980, minors (people under 18 years of age at the time of the accident) have until the third anniversary of their 18th birthday (ie until the day before their 21st birthday) to issue legal proceedings. People who do not have the mental capacity to conduct a claim are not bound by a time limit.
Typical circumstances where a ‘date of knowledge’ of injury will apply rather than an accident date include:
- injuries and medical conditions relating to working practices rather than a specific incident (eg strain injuries relating to repetitive tasks or manual handling)
- accidents where the injuries are not immediately apparent (eg noise-induced hearing loss or chemical exposure)
- long-term exposure to hazardous substances or conditions (eg asbestos-related mesothelioma, vibration white finger).
Reporting work accidents
Your employer should complete an accident report whenever an accident at work happens, regardless of how serious it is. If you’re not sure whether an accident report has been completed, you should make sure you send details of exactly what happened to your manager. The document should be retained for health & safety record keeping purposes and in case of a later claim from an employee.
If you suffer an injury at work, you should see a doctor even if you don’t think that your injury is serious. The doctor can record medical details of your accident, which can be useful later if you are looking to claim compensation.
Related articles:
Can my employer take action against me for making a personal injury claim?>>
What happens when you make a claim after a work accident?>>
Compensation for work injuries
Our compensation calculator is a handy tool to get an idea of the range of sums typically awarded in successful personal injury claims.
The best way to assess your potential claim is to speak to a solicitor. We can discuss your personal circumstances and how we can support you through the process. Our solicitors have years of experience in successfully negotiating fair settlements for injured workers. We’ll also help with any rehabilitation and care needs you might have.
Speak to our expert team on freephone 0808 256 5184 or complete our simple online form and one of the team will be in touch.
