If you have had an accident at work which was not your fault, then you should have had it logged in the accident book along with the contact details of any witnesses. The accident should then be reported by your employer or the trade union representative to the Health and Safety Executive (HSE) which oversees the Health and Safety at Work regulations. How long have I got to claim against work? You have to file a claim for personal injury compensation within three years of the date of your accident.
How long do I have to claim against work for a work-related illness?
How long have I got to claim against work for a work-related illness? The answer is that if you have been diagnosed with a work-related illness or an occupational disease for which your employer’s negligence is responsible, then you have three years from the date of the first diagnosis to file a personal injury compensation claim against your employer.
You should make any claim for personal injury compensation as soon as you are able, as the compensation claim can take months or even years to come through. This is because you have to provide your solicitor with evidence, such as doctor’s reports, witness contact details if you had an accident at work and other information. Your solicitor will the take time to build a case to present firstly to your employer and then, if your employer decides to fight the case, to a court.
If you discover that the HSE has not been informed about your accident, you and your solicitor can do this, and this will be noted so that it can be used as supporting evidence for your claim. The HSE should also be informed about absences from work because of work-related injuries or illnesses. Again, if your employer or trade union representative has not done this, you can report directly to the HSE.
If you have been diagnosed with a work-related illness or an occupational disease, then your solicitor will need to be able to prove that your employer’s negligence was responsible for your injury or illness. This will take some time to do too.
Accident Advice Helpline
We are a law firm with more than a decade’s experience in the personal injury compensation claims sector and we are frequently asked: How long have I got to claim against work? Although by law you have three years to make a claim, for the reasons stated above, the sooner you consult an accident or personal injury solicitor and begin the process of making a claim, the better as it can drag on for years rather than be over in months.
If you need expert legal advice about any type of personal injury compensation claim or need help in finding a solicitor, why not give us a ring? We have two freephone numbers for you to ring: 0800 689 0500 from a landline and 0333 500 0993 from a mobile. Why not call now for expert legal advice?
Date Published: 26th October 2013
Author: Rebecca Smith
Category: Accident at work claim