If you have been injured at work, one of the most important questions to ask is:
“How long do I have to make a claim?”
Many people assume they can deal with a workplace injury when they feel ready — but personal injury claims in England and Wales are subject to strict legal time limits. If those deadlines are missed, you may lose your right to claim compensation entirely.
Understanding limitation periods is crucial. Even if your injuries seem manageable now, delaying legal advice can seriously weaken or prevent your claim.
This guide explains:
In most accident at work claims, you have three years to issue court proceedings.
The three year period runs from:
This rule is set out in the Limitation Act 1980 and applied to most personal injury claims.
It is important to understand that simply contacting a solicitor is not enough. If a claim has not been settled, formal court proceedings must be issued within the limitation period to protect your right to compensation.
The “date of knowledge” applies when your injury is not immediately obvious.
This is common in cases involving:
The limitation period begins when you first knew – or ought reasonably to have known – that:
This can sometimes be years after exposure occurred.
Because this area of law can be complex, specialist advice is particularly important in industrial disease claims.
There are several important exceptions.
If the injured person is under 18 at the time of the accident:
A parent or litigation friend may bring a claim on their behalf before they turn 18.
If an injured person lacks mental capacity (within the meaning of the Mental Capacity Act 2005):
If capacity is later regained, the three year period may begin from that point.
In limited circumstances, the court has the discretion to allow a claim to proceed outside the standard three-year period.
However:
Relying on discretion is risky. It is always safer to seek advice well before limitation expires.
Even though you may technically have three years, waiting can seriously weaken your claim.
Over time:
Early legal advice allows your solicitor to:
The earlier you act, the stronger your case is likely to be.
When you are injured at work, you need more than general advice — you need clear, strategic legal guidance from solicitors who understand employer liability, workplace regulations and insurer tactics.
At NJS Law, we act exclusively in the interests of injured individuals. We understand the physical, financial and emotional pressure that follows a workplace accident. Our role is to remove that pressure and handle the legal process with clarity and confidence.
When you instruct NJS Law, you can expect:
We are experienced in handling claims involving:
Every case is handled with attention to detail and a focus on achieving the best possible outcome for you.
→ Learn more About Us
If you have suffered an accident at work, early advice can make a significant difference to your claim.
Contact our Accident at Work solicitors at NJS Law today for a confidential discussion about your situation. We will explain:
There is no obligation to proceed – just clear professional advice.
Call us today or complete our online enquiry form to speak with a specialist accident at work solicitor.
Your recovery matters. Your rights matter.
Let NJS Law help you secure the compensation you deserve.
Yes. Even if you were partly responsible, you may still receive compensation under contributory negligence principles.
Your compensation may be reduced to reflect your share of responsibility, but you are not automatically prevented from claiming. Employers still have a legal duty to provide a safe working environment.
You can still bring a claim.
While accident book entries are helpful evidence, they are not essential. Medical records, witness statements, CCTV footage and photographs can all support your case.
It is advisable to notify your employer in writing as soon as possible if the incident was not formally recorded.
In most cases, you have three years from the date of the accident to start court proceedings.
If your injury developed over time (for example, repetitive strain injury), the three year period may begin from the date you became aware that your condition was work-related.
There are exceptions for children and individuals lacking mental capacity.
No. It is unlawful for an employer to dismiss or treat you unfairly for pursuing a legitimate personal injury claim.
If your employer takes adverse action against you because you exercised your legal rights, this may amount to unfair dismissal or victimisation.
Most workplace accident claims are handled by the employer’ liability insurance.
The claim is made against the insurer – not directly against your employer personally. Professional employers understand that insurance exists for this purpose.
Get in touch using the form below or via the following methods:
