You have three years to make a personal injury claim following an accident, although there are some exceptions to this rule.

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If you want to make a personal injury claim, contact our personal injury lawyers.

You can call us on 0333 009 6275. We are available to take your call 24 hours a day, 7 days a week.

Time limits in personal injury claims

Personal injury claims are subject to a time limit. This includes all types of accident claims, including work accidents, road traffic accidents and public liability accidents.

The general rule is that you have three years to bring a claim. This usually starts from the date of your accident. So, if you were knocked off your bike on 1 March 2017, you have until 1 March 2020 to bring a claim.

Three years might seem like a lot of time. However, claims can take many months to complete. In complex cases, it can take years. Therefore, it is better to start your claim sooner, rather than later. This gives your personal injury solicitor time to prepare your case, maximising your chances of success.

What happens if you miss the deadline?

If the three year limitation period expires and you have not brought a claim, you have missed your chance to obtain compensation. Sometimes it is possible to extend the deadline, although not always. This means that even if you clearly have grounds to make a claim, you will not be allowed to.

Exceptions to the three-year rule

There are some exceptions to the three-year rule. This includes –

A later date of knowledge

The three-year time limit starts from the date you became aware of your injuries, or you realised they occurred due to negligence. If you are knocked off your bike, then you know straight away that you have been injured. This means the limitation period starts from the date of the accident.

But in some cases, there is a later date of knowledge. For instance, you might be exposed to asbestos at work, but develop mesothelioma 20 years later. If so, the three-year time limit begins when you should reasonably have suspected you had grounds for a claim. With mesothelioma, this could be the date of your diagnosis. Of course if this amount of time has passed it may be the case the company no longer exists.

The injured person is a minor

If the person bringing a claim is under the age of 18, the three-year time limit does not begin until their eighteenth birthday. This means they have until the age of 21 to bring a claim.

Mental incapacity

If the person bringing a claim lacks mental capacity, the three-year time limit does not begin until he/she has regained capacity. If this does not happen, there are no time restrictions.

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Due to the time limits involved claims, we urge you to get early legal advice.

You can call us on 0333 009 6275. We are available to take your call 24 hours a day, 7 days a week. Call Your Local Solicitor

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Could I lose my job for making a work accident claim?

If your employer fails to meet their duty of care towards you, causing you to suffer an injury, you are legally entitled to pursue a work accident claim. The purpose of this claim is to provide redress for the pain and suffering you have wrongfully experienced. It is also intended to recuperate your financial losses, including your lost earnings. You do not have to leave your job in order to make a work accident claim. The compensation for your injuries will be paid from your employers liability insurance.  Who is responsible if I have an accident at work ?

Unfair dismissal

Unfair dismissal is when you are let go from your job without a good reason. If you are fired for making a work accident claim, or because you are considering a claim. This will amount to unfair dismissal. Your employer may argue that your contract is being terminated for another reason. Do not let this deter you from seeking expert legal advice. If there are not sufficient grounds for your dismissal, you could take your case to an Employment Tribunal. If the Tribunal finds in your favour, you will be awarded additional compensation.

Constructive dismissal

Constructive dismissal is when you are compelled to leave your job because of your employer’s actions. For instance, your employer may become hostile towards, once it becomes apparent that you are making a work accident claim. If you feel that you have no other choice but to leave your job, this could amount to constructive dismissal. Again, you could take the matter to an Employment Tribunal, which may award you further compensation.

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Therefore, you cannot lose your job for making a work accident claim. If you take legal action against your employer and there are any negative repercussions at work, there are remedies available. Simply speak to your personal injury solicitor for more information. Do you have any other concerns about making a work accident claim? If so please contact our personal injury solicitors. We can answer your questions during an initial free enquiry, putting your mind at rest.

Who can make a work accident claim?

Someone who is injured at work through no fault of their own is entitled to make a work accident claim. Typically, this will be an employee who has developed a physical or psychological injury or illness.

In certain circumstances, someone who is not technically considered an ‘employee’ can also make a claim, such as contractors who are injured on unsafe construction sites.

If someone dies because of their work-related injuries or illness, a family member can pursue a claim instead.

When can I make a work accident claim?

To make a work accident claim, you must be able to show that –

  1. Your employer (or another organisation) owed you a duty of care
  2. This duty of care was breached
  3. Your injury or illness was caused by this breach of duty

How do I find out?

It can be difficult to understand whether or not you are entitled to make a work accident claim. Also, your employer may not admit fault. If so, you might feel like you have no one to turn to for help.

That is why you should speak to our work accident solicitors. By getting expert legal advice, you can establish what your rights are – including whether or not you are eligible to receive compensation. It does not matter whether you employer accepts blame – you can still pursue legal action.

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If you have been injured at work, or you have developed an illness because of your working duties, do not hesitate to contact our work accident solicitors. We provide clear legal advice and can explain whether or not you are entitled to make a work accident claim.

You can call us on 0333 009 6275. We are available to take your call 24 hours a day, 7 days a week.