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Guide · Accidents at work
Accident at Work Time Limits: How Long Do I Have to Claim?
In most cases, you have 3 years from the date of your accident at work to start court proceedings. If your injury or illness developed over time, the 3 years usually run from the date you first knew it was linked to your work. There are exceptions for children and for people who lack mental capacity.
If you've been hurt at work, it's natural to want to focus on getting better first. But claims have strict time limits, and if you miss them you may lose your right to claim. Here's what you need to know.
- Starts from
- The date of the accident, or the date of knowledge
- Children
- Usually until their 21st birthday
- Lack of mental capacity
- The time limit may not run while incapacity continues
- The law
- Limitation Act 1980, England and Wales
The 3-year rule
In most accident at work claims, you have 3 years to start court proceedings. The 3 years run from either:
- The date of your accident, or
- Your "date of knowledge", if your injury wasn't obvious straight away
This rule comes from the Limitation Act 1980 and applies to most personal injury claims in England and Wales.
Getting in touch with a solicitor doesn't stop the clock on its own. If your claim hasn't settled, court proceedings must be started before the time limit runs out to protect your right to compensation. That's one reason it helps to get advice early.
What is the "date of knowledge"?
Some injuries and illnesses caused by work aren't obvious straight away. This is common with:
- Repetitive strain injuries
- Hearing loss
- Exposure to harmful substances
- Breathing and lung conditions caused by work
- Other industrial diseases
In these cases, the 3 years start from the date you first knew, or reasonably should have known, that you had a significant injury and that it was caused by your work. This can be years after you were first exposed.
Working out your date of knowledge can be complicated, so it's worth getting advice, especially for industrial disease claims.
Exceptions to the 3-year rule
- ChildrenIf the injured person was under 18 at the time, the 3 years don't start until their 18th birthday, so they usually have until their 21st birthday to claim. A parent or other adult can claim on their behalf before then, as their "litigation friend".
- People who lack mental capacityIf someone lacks mental capacity, as defined by the Mental Capacity Act 2005, the time limit may not run while that continues. If they later regain capacity, the 3 years may start from that point.
Can the court extend the time limit?
In limited circumstances, a court can let a claim go ahead after the usual 3 years. But this isn't guaranteed:
- It's up to you to show why the claim should be allowed
- You'll need a good reason for the delay
- The court will consider whether a fair trial is still possible
Relying on the court to extend the time limit is risky. It's always safer to get advice well before your deadline.
Why you shouldn't wait
Even if you have 3 years, waiting can make your claim harder to prove.
Over time
- Evidence fades
- CCTV footage is deleted, often within weeks
- Witnesses leave the company
- Managers change and documents get lost
- Memories become less reliable
Getting advice early means we can
- Secure evidence quickly
- Keep important documents safe
- Request accident reports
- Arrange medical evidence promptly
- Protect your position before any deadline
How we can help with your accident at work claim
Injuries Direct is a trading name of NJS Law Limited. Our team acts only for injured people, and we understand the physical, financial and emotional pressure that follows an accident at work.
What you can expect
- Straightforward, honest advice from the start
- A clear explanation of where you stand
- A thorough look at what your employer should have done
- We deal with the insurer for you
- No Win No Fee on eligible claims
Claims we handle include
- Manual handling injuries
- Slips, trips and falls
- Construction site accidents
- Machinery and equipment failures
- Industrial and factory injuries
- Head and back injuries at work
See real examples in our accident at work case studies, or read our guide to accident at work claims.
Hurt at work? Check if you're still in time to claim
Tell us what happened and when, and we'll tell you honestly whether you can claim and how long you have. There's no obligation to go ahead, and eligible claims are handled on a No Win No Fee basis.
- Free, no-obligation first conversation
- No Win No Fee on eligible claims
- Specialist accident at work solicitors
- Clear, supportive guidance throughout your claim
Prefer to talk now? 0330 818 1202
Accident at work time limits: FAQs
Does contacting a solicitor stop the time limit?
No, not on its own. If your claim hasn't settled, court proceedings must be started within the time limit. Getting advice early gives your solicitor time to do this if they need to.
Can I claim if the accident was partly my fault?
Yes, you may still be able to. If you were partly responsible, your compensation may be reduced to reflect your share, but you can usually still claim. Your employer still has a legal duty to keep you safe at work.
What if the accident wasn't recorded in the accident book?
You can still make a claim. An accident book entry is useful evidence, but it isn't essential. Medical records, witness statements, CCTV and photos can all support your claim. If your accident wasn't recorded, tell your employer in writing as soon as you can.
How long do I have if my injury developed over time?
If your injury or illness developed gradually, such as a repetitive strain injury, the 3 years usually start from the date you first knew it was linked to your work. See our guide to how long you have to claim for more.
Can my employer sack me for making a claim?
Your employer shouldn't treat you unfairly for making a genuine claim. If you're dismissed or treated badly because you've claimed, you may have grounds for an employment claim, such as unfair dismissal. Talk to us and we'll explain your options.
Will claiming compensation affect my job?
Most accident at work claims are dealt with by the employer's liability insurance. The claim is handled by the insurer, and most employers understand that's what the insurance is for.
Hurt at work? Don't leave it too late
Your recovery matters, and so do your rights. Talk to our team for free, with no obligation, and we'll explain whether you have a claim, what it could be worth and the next steps. Eligible claims are handled on a No Win No Fee basis.