Nayyars Solicitors · Personal Injury Guide

Accident at Work Claims: Time Limits and Your Rights

Getting hurt at work is stressful in more ways than one. As well as dealing with the injury, you may be worried about money, about how your employer will react, and about whether making a claim could put your job at risk. Many people put off asking questions for exactly those reasons.

If you were injured because your employer did not take reasonable care to keep you safe, you are entitled to claim compensation. Accident at work claims are paid through your employer's compulsory insurance, not directly by your boss, and the law protects you from being treated unfairly for raising safety concerns.

This guide explains your rights, what your employer must do, the time limits that apply, and what to do after an accident. Our personal injury solicitors act for employees in all kinds of workplaces, from warehouses and building sites to offices and hospitals.

Your employer's legal duties

Every employer has a duty to take reasonable care for the health and safety of their employees. Under the Health and Safety at Work etc. Act 1974 and the regulations made under it, that includes providing a safe place of work, safe equipment, proper training and supervision, suitable protective equipment, and safe systems of work. Employers must also carry out risk assessments and act on what they find.

For accidents since October 2013, you generally need to show that your employer was negligent, meaning they failed to take reasonable care, rather than simply that they breached a regulation. In practice, the regulations remain very important, because they set out the standards a reasonable employer is expected to meet and help to prove where things went wrong.

Employers must also hold employers' liability insurance by law. This is why accident at work claims are dealt with by an insurer, not paid out of your employer's own pocket.

Common types of workplace accident

Slips, trips and falls are among the most common workplace accidents, often caused by wet floors, trailing cables, poor lighting or cluttered walkways. Falls from height, from ladders, scaffolding or roofs, can cause very serious injuries and are a particular risk in construction.

Manual handling injuries, such as back and shoulder injuries from lifting without proper training or equipment, are also frequent, along with injuries from machinery without adequate guarding, being struck by falling objects or workplace vehicles, and exposure to harmful substances. Industrial diseases, such as occupational asthma, dermatitis, hearing loss and vibration white finger, can develop over years and still lead to a claim. Our accident at work solicitors handle all of these.

Your rights if you are injured at work

You have the right to claim compensation if your injury was caused by your employer's negligence, or by the negligence of a colleague, for whom your employer is usually responsible. You can still claim even if you were partly to blame, although your compensation may be reduced to reflect your share of responsibility.

Many people worry about their job. Employment law protects workers from being dismissed or subjected to unfair treatment for raising genuine health and safety concerns, and an employer who treats you badly because you were injured or made a claim may face employment law consequences too. Most employers understand that claims are handled by their insurers and that this is what the insurance is for.

You are also entitled to any sick pay under your contract, or Statutory Sick Pay if you qualify, while you are off work. Any earnings you lose because of the injury can be included in your claim.

Time limits for accident at work claims

Under the Limitation Act 1980, you generally have three years from the date of the accident to start court proceedings. If the injury or illness developed gradually, as with many industrial diseases, the three years run from the date you first knew, or reasonably should have known, that your condition was significant and linked to your work.

For anyone injured under the age of 18, such as an apprentice, the three years do not start until their 18th birthday. If someone lacks the mental capacity to manage a claim, the time limit may not run while that remains the case.

It is important not to leave it late. Witnesses move on, CCTV is often recorded over within weeks, and accident records can be harder to obtain as time passes. Starting early protects your evidence and gives your claim the best chance.

What to do after an accident at work

The steps you take in the days after an accident can make a real difference to a claim:

1. Get medical attention, from a first aider, GP or A&E, and make sure your injuries are recorded.
2. Report the accident to your manager and make sure it is written in the accident book.
3. Take photographs of the scene, the hazard that caused the accident and your injuries.
4. Note the names and contact details of any witnesses.
5. Keep records of your symptoms, time off work, and any expenses such as travel and medication.

Employers must report certain serious workplace injuries, and injuries that keep someone off normal duties for more than seven days, to the Health and Safety Executive under the RIDDOR regulations. Your solicitor can request copies of the accident report, risk assessments, training records and any investigation reports as part of your claim.

What compensation can cover

Compensation has two parts. General damages cover your pain, suffering and the impact of the injury on your daily life. Special damages cover your financial losses, including lost earnings and overtime, reduced pension contributions, medical and rehabilitation costs, travel expenses, and care provided by family or friends.

If your injury affects your ability to work in future, or forces you into a different or lower-paid job, future loss of earnings can also be claimed. Many lower-value workplace claims, worth up to £25,000, begin in the Ministry of Justice claims portal, where the insurer has 30 business days to respond on liability.

Special situations

You can still claim if you are an agency worker, temporary worker or on a zero-hours contract. Self-employed people and contractors may also have claims, often against the company in control of the site where they were working, under occupiers' or public liability principles.

If your employer has gone out of business, you may still be able to claim against their insurer. The Employers' Liability Tracing Office helps trace insurance policies, which is especially useful for industrial disease claims arising from work many years ago.

If you were assaulted at work, you may have a claim against your employer for failing to protect you, a claim to the Criminal Injuries Compensation Authority, or both. Where a workplace accident has caused a death, the family may be able to bring a claim, and our fatal accident solicitors can help.

Frequently asked questions

How long do I have to make an accident at work claim?

Usually three years from the date of the accident. For industrial diseases that develop over time, the three years run from when you first knew your condition was linked to your work. For under-18s, the time limit starts at 18.

Can I be sacked for making a claim against my employer?

Your employer should not dismiss or penalise you for raising genuine health and safety concerns, and treating you unfairly because of an injury claim could give rise to employment law claims. The compensation is paid by your employer's insurer.

Can I claim if the accident was partly my fault?

Yes. If your employer was also at fault, you can still claim, but your compensation may be reduced to reflect your share of responsibility.

What if there was no record in the accident book?

You can still claim. Other evidence, such as medical records, witness statements, photographs, emails or messages reporting the accident, can be used to show what happened.

Can I claim if my employer has gone out of business?

Often, yes. Employers must have liability insurance, and the policy that was in place at the time of your accident or exposure may still respond. The Employers' Liability Tracing Office can help find it.

Conclusion

If you have been injured at work because your employer did not take reasonable care, you have a clear right to claim compensation, paid through their compulsory insurance. You usually have three years to start a claim, although that can be longer for industrial diseases and for people injured as children.

Reporting the accident, getting medical help and keeping good records will strengthen your claim, and the law protects you from being penalised for raising safety concerns. Taking advice early is the best way to protect both your health and your rights.

This article is for general information only and does not constitute legal advice. Every case depends on its own facts, so please contact Nayyars Solicitors for advice specific to your situation.