In recent years, employees have become more aware of the fact that if they suffer an injury at work, they can take action against their employers. Namely, they can receive compensation which will help them to recover from their injuries and get on with their life. What they often encounter in their path to a compensation claim is the three-year time limit.
About the three-year time limit
You’ve seen the commercials on TV or the adverts in newspapers. In turn, you might wish that legislation like that had been around when you had an injury at work. Don’t worry, though: the window on your chance of compensation may still be open.
By rule, UK law allows employees three years from the date of the accident in which they can start a claim for compensation after a work-related accident. As long as you start your claim within three years of your accident, there’s a good chance you can earn your compensation. Leave it longer than three years, and your incident becomes “time-barred”; in essence, it’s unlikely you’ll be able to proceed.
Tick, tick, tick
Therefore, it’s important to start your claim as soon as possible! The clock starts ticking from either:
- The day your accident happens, or;
- From the day you were able to attribute your injury or suffering to an accident at the workplace.
The second reason is there to support people who want to make a claim for illness or injury as a result of exposure to long term toxins like chemicals or asbestos. Because only in recent times have we become aware of the dangers of exposure to these toxic substances.
Sadly, conditions like mesothelioma as a result of asbestos exposure may take a long time to start showing symptoms. Hence, the need and necessity of a three-year time limit.
Tragically, conditions such as mesothelioma have been responsible for the deaths of many hard-working employees across the UK. With a little more protection, a death from mesothelioma would have been avoidable. Because of this, the family of the late employee has three years from the date of death to claim. Why is this? It’s entirely possible that until a post-mortem takes place, a cause of death is unknown.
How about if a claim begins, but the employee in question dies before the conclusion? In short, the law is exceedingly kind to the family in this case. Hence, the clock is reset, allowing the family a full three years to complete their claim process.
Obviously, every claim is unique and has its own set of variables and circumstances. That’s why it’s best to consult knowledgeable professionals, like The Compensation Experts, who can advise you on the best way to proceed with your case. Contact us today.