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

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When should an accident or disease be reported to the Health and Safety Executive?

Employers owe their employees a duty of care, no matter whether you are working at home or in any other location. If it can be proven that the reason for your injury at work was caused by your employer or another person, you may be able to recover compensation for this.

What is a ‘limitation period’?

A limitation period means a set period of time in which a person (the claimant) can bring a claim to court. All personal injury claims have limitation periods.

The general rule:

You have three years after the date of your accident at work to issue your claim at court. There are some exceptions to this rule as limitation law can be very complex in calculating the correct limitation date, especially when dealing with claimants who lack capacity. However, the general rule is three years from the date of accident.

What happens if my limitation period expires?

Although the court has a wide discretion (meaning that they have plenty of leeway) to override the general three-year limit, it is best practice to avoid seeking this and to issue your claim within good time. If a claim is not issued within the limitation period, the claim will likely be barred and the claimant will not be able to make the claim at all.

What should I do following my accident?

It is extremely important that you seek legal advice as soon as possible after any accident at work occurs.

How can Stephensons help?

At Stephensons are real people who understand the complexities and difficult circumstances of each individual. We are devoted to getting you the compensation that you both need and deserve. At Stephensons, we strive to go above and beyond to provide services that cover your needs.

You can contact us for a no-obligation phone call on 0161 696 6235 or fill in an online enquiry form and a member of our team will be in touch with you. 

By Lucy Moran, graduate paralegal in the personal injury department