There is a time limit associated with accident at work claims which is set at 3 years from the date of the workplace incident in which you suffered injuries. However, when the time limit begins varies depending on the circumstances surrounding the workplace accident and your age when it occurred. With this said, if you want to claim compensation from an employer, you must meet the required criteria to do so.
To find out more on how you have to sue an employer for accident at work injuries and whether you have a strong enough case to pursue your case, please read on.
The Criteria Required To Sue an Employer for Accident at Work Injuries
If you are injured in the workplace and you want to sue your employer because you feel they were negligent in their duty to keep you safe at work, the criteria that must be met is as follows:
- That you were not responsible for the workplace accident occurring
- That you may be partly responsible because a work colleague caused the incident in which you were injured
- That you were partly responsible but your employer “contributed” to the workplace accident occurring
- That your accident at work claim is filed before the 3 year time limit expires
Because work-related claims tend to be complex more especially if an employer does not admit liability, it is far better to contact a legal expert as soon as you can so that the required evidence both of the incident and your injuries can be gathered in a timely manner. Should you wait too long, you may find that your case would be “out of time” and as such even if you can prove employer negligence, you would not be able to file an accident at work claim for compensation against them.
What Do I Do if My Employer Denies Liability For My Accident at Work Injuries?
Should your employer initially accept liability for the workplace injuries you sustained but then on the advice of their insurance providers change their minds, it can make claiming compensation more challenging. As such, having the advice of a legal expert is essential because they know how to correspond with insurers and respect what is known as “pre-action protocols” that are attached to work-related injury claims.
The first thing you should do after seeking medical attention whether from a designated first-aider or at the Accident and Emergency Department of a hospital, is to gather as much evidence to support your claim which would include the following:
- Witness statements
- Witness contact details
- CCTV footage of the incident if available
- Photos of where the workplace accident occurred
- Photos of the workplace injuries you sustained which ideally should be prior to receiving any treatment
- The report as recorded in the workplace Accident Book. If there is not Accident Book, you can send a registered letter or a personal email to your employer detailing the workplace accident and the injuries you suffered
- A medical report of the injuries you sustained which can either be obtained by your own doctor or the medical professional who treated you at the Accident & Emergency Department of the hospital where you were treated
It is worth noting that the sooner you contact a legal expert the better because the workplace accident would still be fresh in witnesses minds. In short, their recollection of the accident at work that left you injured would be far better than if you wait and file a claim for accident at work compensation months later after the incident occurred.
The Time Limit to Sue an Employer For Accident at Work Injuries
If you want to sue an employer for accident at work injuries you sustained there is time limit which must be respected to avoid a case being “time barred”.
- You would have 3 years from the date of the accident at work in which you sustained injuries
- You would have 3 years from the date of your 18th birthday if the workplace accident that left you injured happened before you were 18 years old
- You would have 3 years from the date that a medical professional diagnoses you as suffering from a health condition they can directly link to the workplace injuries you suffered
If you develop a work-related illness and would like to sue an employer, you would have 3 years from the date a doctor diagnosed you as suffering from it. If you are worried that you may be close to the deadline, you should contact a legal expert who would assess your case before advising you on whether you have enough time to sue an employer for accident at work injuries you suffered. A solicitor may base their decision on what evidence you can provide them with at the outset which in short means they would not have to gather further evidence to support your case against an employer.
Is the Time Limit Different I Was Under 18 Years Old When the Workplace Accident Occurred?
As previously mentioned, the 3 year time limit for suing an employer for work injuries sustained before you were 18 years old begins from the day you turn 18. As such, you would have up until your 21st birthday to seek compensation. However, you do not have to wait until you are 18 to file an accident at work claim against your employer.In fact, it is wiser to begin a claim as soon after the incident as possible for the following reasons:
- The people who witnessed the workplace accident would have a far better recollection of the events than if a claim is filed against an employer much later on
- The evidence you have relating to the incident would be fresh
- The medical report a doctor provided would be up-to-date
The only thing to bear in mind is that should you decide to file a claim for accident at work injuries sooner rather than wait till your 18th birthday, is that should the injury you suffered result in you developing a health issue further down the line, claiming compensation from an employer could prove challenging because you had previously accepted a settlement whether your claim was heard by a judge or an award was made in an out of court settlement.
What Would Happen If I Die Prior to Receiving Accident at Work Injury Compensation?
If the workplace accident you were involved in meant you suffered extremely severe injuries and as a result you passed away before receiving accident at work injury compensation, your executor/next of kin would have 3 years from the date of your death to pursue a case against your employer.
What Level of Accident at Work Injury Compensation Could I Receive?
The amount of accident at work injury compensation you may be awarded would depend on several things which are detailed as follows:
- The severity of the workplace injuries you suffered and how they negatively impact your future life and ability to work
- The complexity of your claim
A solicitor would arrange for you to be examined by an independent medical professional should this be deemed necessary. The medical report that is produced would be used as a basis for calculating how much accident at work injury compensation you could be awarded in a successful accident at work claim against an employer.
Can I Include Losses and Damages in an Accident at Work Injury Claim?
You can include both losses and damages you incurred as a direct result of being injured in a workplace accident. These are divided into two specific groups which are detailed as follows:
- General damages – these are awarded for the injuries you suffered. In short, you would be compensated for the distress, pain and suffering you endured whether psychological or physical. General damages also include compensation should you not be able to work whether for a short time, longer or ever again. They also cover loss of amenity, loss of companionship
- Special damages – these are awarded to compensate you for any costs and expenses you incurred because of the workplace injuries you suffered. Special damages cover medical expenses, travel costs and all other out-of-pocket expenses that are directly linked to your injuries. This could include the cost of home and vehicle adaptations, care costs as well as the cost of ongoing treatment and therapy that you may require. Special damages also includes your loss of earnings and future earnings, perks and/or bonuses you missed out on. You could also be compensated for damage to personal effects
With this said, a solicitor would calculate how much you may receive both in general damages and special damages with the latter being easier to work out as they are based on “actual” expenditure. As such, you would need to provide evidence in the form of receipts when claiming special damages in an accident at work claim.
Should I Sue My Employer for an Accident at Work Injury?
You have the “right” to sue an employer if you are injured in an accident at work and the incident was caused through their negligence or because of a mistake on the part of a work colleague. Should an employer make your working life harder because you want to seek compensation from them, they would be seen to be acting “unlawfully” and as such you could seek further compensation from them.
If you feel that you are being treated detrimentally or unfairly because you are suing your employer after an accident at work injury you suffered, you should discuss your concerns with a legal expert. They would provide essential advice on what steps you should take when it comes to pursuing further legal action against your employer. If your employer makes it impossible for you to remain in your job and you feel that you no other option than to resign, this could add strength to your case which in turn means that a solicitor would be happy to offer their legal services on No Win No Fee terms.
If your employer makes it impossible for you to remain in your job and you feel that you no other option than to resign, this could add strength to your case which in turn means that a solicitor would be happy to offer their legal services on No Win No Fee terms which means you would not have to worry about finding the funds to pay for essential legal advice when you need it the most, bearing in mind that the only time you pay a No Win No Fee lawyer is when you win your claim and you receive your settlement.
Would A Solicitor Represent My Accident at Work Injury Claim on No Win No Fee Terms?
If you are getting close to the 3 year time limit associated with accident at work injury claims, you should get in touch with a solicitor as soon as possible. The reason being that if you only have a few months left on the deadline to file an accident at work claim and you need to gather evidence to support your case, you could find that you miss the deadline. As such, a solicitor might not wish to represent you on a No Win No Fee basis.
With this said, if you have all the required evidence to hand, and you are close to the 3 year deadline, a solicitor may represent you when you file an accident at work injury claim by offering No Win No Fee terms. The sooner you contact a legal expert, the sooner your case can be investigated and filed against your employer and the sooner you would be awarded a level of accident at work compensation you rightly merit.
What Are the Benefits of Having a No Win No Fee Solicitor Work on an Accident at Work Claim?
Workplace accident claims can be complex more especially if an employer decides to challenge a case against them by denying liability. If this is the case, it is better to have the legal expertise of an accident at work claim solicitor work on your side. Your employer’s liability insurance provider would have legal representation and would therefore know all about pre-action protocols and time limits associated with workplace accident claims which you may not be aware of.
Accident at work lawyers have vast experience when it comes to winning cases against negligent employers and offer many benefits which include the following:
- Once satisfied that your case is strong against your employer, a solicitor would offer you No Win No Fee terms which means there would be no financial risk involved in you filing an accident at work claim against your boss
- You would only have to pay the solicitor for the services they provided when you win your claim and you are awarded the compensation you sought
- A lawyer can access necessary legal libraries which they can reference when investigating your claim against an employer. They can also refer to the settlements that were awarded when calculating how much accident at work compensation you could be entitled to receive
- They would arrange for an independent specialist to examine your injuries so they can produce a detailed medical report that can be used in your accident at work claim
- The solicitor would inform you as soon as possible of the amount of accident at work compensation you could be awarded in a successful claim
- If you require ongoing, long-term therapy, the solicitor would ensure that the cost of this is included in your final settlement
These are just some of the benefits of working with a No Win No Fee solicitor when making an accident at work claim against an employer. However, one of the most important advantages of having a legal expert work on your claim, is that it allows you to place your full focus on recovering from the injuries you sustained in an accident at work which in short means that you would be able to get back on your feet as soon as you can if your injuries allow.
If you would like more information about what your employer’s responsibilities are towards you and your fellow workers, please follow the link provided below where you will find more in-depth information:
To find out more about damages that could be claimed following an accident at work, please click on the link below:
To find out more information relating to your worker’s rights, please follow the link below: