There is a deadline — the limitation period — by which you must start legal proceedings. Missing this deadline can mean losing your right to claim entirely, regardless of how strong your case is.
The General Three-Year Rule
For most accident at work claims in England and Wales, the limitation period is three years from whichever is the later of:
- The date of the accident
- The date of knowledge — when you first knew (or reasonably should have known) that your injury was significant, caused by an act or omission, and who the potential defendant was
The date of knowledge rule is particularly relevant where an injury develops gradually — such as occupational deafness, RSI, or vibration white finger.
Exceptions to the Three-Year Rule
Children
If the injured person was under 18 at the time of the accident, the three-year period does not begin until their 18th birthday — meaning they have until their 21st birthday to start proceedings. A parent can bring a claim on a child's behalf before that point.
Mental Capacity
If the injured person lacked mental capacity at the time of the accident, the limitation period does not run. Specialist advice is essential in these situations.
Fatal Accident Claims
Generally, dependants have three years from the date of death, or from the date of knowledge of the dependant, whichever is later.
Court Discretion
In exceptional circumstances, a court has a discretionary power to allow a claim to proceed even where the limitation period has expired. However, this is not something to rely on. Courts exercise this discretion sparingly.
Why You Should Not Delay
- Evidence — CCTV footage, accident records, witness memories can be lost over time
- Witnesses — people move, change jobs, and become harder to trace
- Medical records — a prompt assessment establishes a clear link between accident and injury