How Long Do I Have to Make an Accident at Work Claim?
The Three-Year Limitation Rule for Personal Injury Claims
For the majority of personal injury claims, including accidents at work, the claim must be made within three years from the date of the accident. For example, if you slipped at work on the 13th January 2025, you would have until 13th January 2028 to submit your claim to court.
It is important not to leave things until the last minute. In many cases, your solicitor will prepare your case, and it is important to gather evidence while it is still available and witness memories are fresh. The sooner you act, the better, as there may be important details that can help strengthen your case.
When Does the Three-Year Rule Not Apply?
There are exceptions to the three-year limitation rule. The most common exception occurs when the injured person did not know they had suffered an injury at work. For example, work-related hearing loss or diseases like asbestosis or mesothelioma may not show symptoms until years after the employment period.
In such cases, the limitation period doesn’t start until the person becomes aware of their injury and its link to their work. From that point, the general three-year limitation begins. For example, someone who worked in a noisy environment in the 80s or 90s but only became aware of hearing loss recently could still make a claim even though their accident occurred many years ago.
What if I Was Under 18 Years of Age When the Accident Happened?
Another exception applies to individuals who were under 18 years old when the accident occurred. If someone was 16 years old at the time of the accident, the claim deadline will be three years from their 18th birthday, not from the date of the accident.
For example, if someone had an accident in a factory on 13th January 2025 and was born on 10th August 2009, they would be 16 at the time of the accident. Their claim would not need to be made by 13th January 2028 (three years from the date of the accident), it would be 10th August 2027 (three years after their 18th birthday).
Other Exceptions to the Three-Year Rule
There are other circumstances where the three-year rule may not apply, such as if the accident took place abroad. Additionally, the time limit may be shorter in some cases. It’s always best to seek professional advice regarding your specific situation to ensure that you don’t miss any important deadlines.
Act Quickly
If you’ve been injured at work, it’s crucial to act quickly to make your claim. Even if several years have passed, you may still have a valid claim, depending on the circumstances. The best course of action is to contact an experienced personal injury solicitor as soon as possible to discuss your situation.
At Stonehewer Moss Solicitors, we specialise in handling accident at work claims. If you’ve suffered an injury at work and are unsure if you can still make a claim, get in touch with us for a free, no-obligation consultation. We’ll guide you through the process and help you understand your rights.
Start Your Accident at Work Claim Today
If you’ve been injured at work and need help making a claim, we are here to assist. Visit our Accident at Work Claims page for more information or start your claim now.
Call us today at 01606 872200 for expert advice on how making an accident at work claim might affect your job.
For further information, you can visit Citizens Advice on workplace accidents and your rights: here.
