In most cases, you’ll have 3 years to start a compensation claim for an accident at work, beginning from the date of the accident. However, there are situations where the time limit can work differently. This guide to accident at work claim time limits explains how long you have to begin a claim for different types of workplace accidents, injuries, and illnesses.
To find out how long you have to claim compensation for an accident at work, please read on. Alternatively, you can call our team on 0800 6524 881 for more information.
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What Is The Time Limit For Filing An Accident At Work Claim?
The standard time limit for making an accident at work claim is 3 years, usually starting from either:
- The date the accident happened, or
- The date of knowledge (if later).
For a fatal work injury, a 3-year time limit also applies, which starts from the date of death or the date the person who is claiming became aware of the death.
As we progress, we’ll look at how these time limits apply to different types of accident at work claims.
Can I Claim If I’m Close To The 3-Year Time Limit?
In any type of work injury claim, several things need to be carried out before the claim is filed. This can include gathering evidence, speaking to witnesses, and booking appointments for medical assessments.
Therefore, we would suggest that it’s best to start a work injury claim as soon as possible rather than waiting too long. If you are approaching the time limit for your accident at work claim, please get in touch so we can speak to one of our solicitors and see if they could still help you to begin a claim.
How Time Limits Apply To Different Types Of Accidents & Injuries At Work
The list below shows some common scenarios that might lead to a claim and how long you’ll have to claim. In most cases, the time limit is 3 years. What differs is when that 3-year period might start, depending on the type of injury or claim.
Workplace Accident Claim Time Limits
If you’re injured in an accident at work, it may be possible to claim compensation. For example, you could claim for accidents caused by:
- Faulty or damaged machinery.
- A lack of proper safety training.
- Inadequate or missing PPE.
- Exposure to hazardous chemicals.
- Electric shock at work.
In any type of workplace accident where you’re immediately aware of your injuries, the time limit will be 3 years from the date of the accident.
Repetitive Strain Injury (RSI) Claim Time Limit
Some workplace injuries don’t occur because of accidents but are caused by repetitive actions over prolonged periods of time. Examples of RSI injuries that could be claimed for include tennis elbow, hand-arm vibration syndrome, carpal tunnel syndrome, bursitis, and ulnar neuropathy.
As it can take some time for symptoms to become apparent, workplace RSI claims will typically have the same 3-year time limit, starting from the “date of knowledge” (the date you were diagnosed, or when you first became aware, or should reasonably have become aware) that your RSI was work-related.
Industrial Illness Claim Time Limit
Industrial illnesses or diseases are conditions caused by exposure to something dangerous in the workplace. Examples include industrial deafness, caused by long-term exposure to loud noises, or mesothelioma, caused by exposure to asbestos in the workplace.
The effects of these conditions might take years to become apparent, and you might not even be working for the employer any longer. However, claims might still be possible if you begin within 3 years of the date of knowledge.
Fatal Accident At Work Claim Time Limit
If a loved one has died from an accident at work, you could claim compensation on behalf of their estate for their suffering. You could also be compensated if you were financially dependent on their income.
If a fatal accident claim was started after the accident, but your loved one died before the 3-year time limit expired, the 3 years would begin again from the date of their death.
We realise that discussing the loss of a loved one will be hard, but please get in touch and we’ll work with you at a suitable pace, and we will not put any pressure on you at any point.
Criminal Injury Claims Time Limit
If you’re injured at work from being assaulted or subjected to any other form of violent act in the workplace, you could have grounds to claim. You’ll have 3 years to claim from the date you were injured if your employer was somehow responsible for your injuries, e.g., if you were assaulted at work in a bar because of a lack of security staff.
However, if the claim is not against your employer, you could still be compensated for your injuries by the Criminal Injuries Compensation Authority (CICA). Here, the time limit will be 2 years from the date you were injured, and you must have reported the crime to the police.
Exceptions To The 3 Year Time Limit
In some situations, the standard 3-year time limit for making an accident at work claim may not apply in the usual way.
If the injured person was under the age of 18 at the time of the accident at work, the 3-year time limit normally does not begin until their 18th birthday. This means they usually have until they turn 21 to start a claim. A litigation friend may also be able to make a claim on their behalf while they are still under 18.
Where an injured person lacks mental capacity, the time limit may be paused indefinitely. In these cases, the 3-year period will usually only begin if and when the person regains capacity.
In some circumstances, the court has the discretion to allow a claim to proceed outside the usual time limit where it considers this fair, taking into account factors such as the reasons for the delay and whether the defendant would be prejudiced.
Frequently Asked Questions
Below, we’ve answered some common questions about the time limit for accident at work claims.
When does the 3-year time limit start?
For most people, it starts on the date of the accident at work. If your injury wasn’t obvious at first, it may start later (from the point you realised your injury was linked to your work).
What is meant by the “date of knowledge”?
It’s the point when you first realised (or should reasonably have realised) that your injury was serious and linked to your work. This isn’t always the same as the day the accident happened, especially with injuries that develop over time.
Can I make a claim if I’m close to the time limit?
Yes, but it’s important to act quickly. Claims can still be started near the deadline, as long as they’re issued within the time limit. Leaving it to the last minute can make it harder to find a solicitor willing to take the case on, and you could miss out altogether.
Can I still claim if my symptoms appeared later?
Yes. If your symptoms developed gradually over time, the time limit may start from when you realised the injury was linked to your work, rather than the date of the accident.
Starting A Claim If You’re Within The Time Limit
Hopefully, this guide has clarified the accident at work time limit that applies in your case. If you would like to start a claim or discuss how long you have left to do so, please get in touch on 0800 6524 881 today.
An advisor will review your claim for free, explain your options and could partner you with one of our solicitors if your claim is viable. If it’s taken on, your solicitor will act on a No Win No Fee basis for you, so you’ll only have to pay legal fees if you’re compensated.
If you have any questions about accident at work claim time limits, please use our live chat to speak directly with an advisor, or contact us here.