How Long after an Accident at Work can I Claim?

So, how long after an accident at work can you claim?

Is there a time limit on reporting an accident at work claim?

People contact us from time to time and ask us ” How long after an accident at Work can I claim, and is there a time limit on reporting the accident?”

If you have been involved in an accident at work and suffered injury at work then the basic rule is that you have 3 years running from the date of the accident in which to claim.

Don’t delay bringing your accident at Work Claim!

If you have had an accident at work, 3 years probably seems a long time in which to issue your claim at court but best advice is never to delay matters following the accident. The longer matters are left the more potential problems you may be creating.

It is important that you instruct a solicitor as soon as you can so that everything can be done to investigate matters. It will inevitably take time to gather together all the necessary information.

This will give you the best chance of succeeding with your work injury claim.

Delaying matters will almost certainly only work against you.

It’s easy to see how, for example, witnesses memories can fade over time and become less reliable or even worse you may lose contact with them altogether as time goes on.

There is no substitute for acting straight away and seeking the advice and assistance of an experienced accident at work solicitor who will be able to guide through the whole process.

 

What’s the definition of a Work Accident?

If you are carrying out your duties of employment or on the premises during work time, or if your job involves driving, driving to or from work, and you are involved in an accident and suffer injury, this is normally described as a work accident.

Your employer has a duty to ensure that you are fully protected from injury whilst working.

There are many health and safety laws and previously decided cases which define your employer’s duty which is higher each year.

Therefore, if you suffer as a result of defective equipment or even a colleague’s fault, you may well be able to bring a claim for compensation.

 

Common types of at Work Accidents

The following are all common types of work accidents and of course there are many many more to choose from:-

Accidents involving machinery (often leading to crushing and amputation).

Driving accidents in the course of your work.

Factory, warehouse and retail accidents.

Accidents in offices.

 

What should you do if you are involved in an Accident at Work?

• Step one is to ensure that the accident is entered into the Work Accident Book.

 

• Every employer is obliged to keep a Work Accident Book and you must ensure that an entry is made into it.

 

• This will provide evidence for any subsequent work accident claim.

 

• If other colleagues witnessed the accident you should ask them to provide you with a short written statement confirming the nature of the accident.

 

• You should also secure any other evidence that proved the accident took place, including photographs and any faulty equipment.

 

• Once you have made the entry in the Accident Book (unless your injury is too severe in which case you should ask a trusted colleague to do this) you will attend for treatment at your General Practitioner or Accident and Emergency Department.  This again is another vital part of evidence to support your work accident claim.

 

Can I claim Injury at Work Compensation? Will I lose my job?

You should not lose your job as a result of making a work accident compensation claim.

If that is the sole reason for you losing your job, you may well be able to make a claim for employment damages also.

However, the first step is to take expert legal advice from a Work Accident Claim Solicitor.

You should contact a Solicitor that offers a true no win no fee service with a ‘no costs’ guarantee.

 

What Can I Claim for?

There are a number of potential heads of claim for an accident at work. The more serious the injury the more likely it is that there will be a whole different range of  heads of loss.

The whole idea of the compensation system is to put you in the same position that you would have been in had the accident not occurred.

We will recover compensation for your injuries and will ensure that we will also claim for all other financial losses arising from your accident.

These might include:

How Much Can I Claim?

• Each claim needs to be carefully assessed and valued on an individual basis.
• No single claim will be the same and this is one reason why you need to instruct a solicitor who specialises in accident at work claims.
• By appointing an expert with the right experience you will be giving yourself the best chance of being compensated for each and every recoverable head of loss. These items may or may not be picked upon depending on which solicitor you choose to help you with your claim.
• Our whole objective is to make sure that we recover the best possible compensation for you from whatever type of workplace injury you may have suffered.

FAQs

How soon after an accident at work must it be reported?

If the injuries qualify then the reporting to HSE (Health and Safety Executive) must be made within 15 days of the accident. If the employer fails to comply with the reporting requirements then they will be liable for a fine of up to £20,0000.

 

What happens if an accident at work is not reported?

If the employee fails to report an accident at work then they will be vastly reducing their chances of being able to make a successful claim for compensation. The reporting of accidents is so important as the accident entry should be an accurate representation of what exactly happened including the extent of the injuires and the cause for the accident. In the absence of this information it will be an uphill struggle to prove all the salient facts.

 

How long after a workplace accident can you make a claim?

In accordance with the Limitation Act 1980 the general rule is that an injured worker has a period of 3 years from the date of the accident or 3 years from when they could have reasonably knoiwn the injury was significant and could be attributed to negligence involved.