I’ve just been made redundant, but I suffered a personal injury at work 2 years ago – can I still make a claim?
The short answer to this is yes, with the slight word of caution of, in almost all cases.
Assuming your accident happened within the UK, then the general rule is that you have three years from the date of the accident to make your claim. For example, if you caught your hand in a machine at work on 2nd April 2019, you would have until 2nd April 2022 to put in a claim.
So long as you haven’t already settled your claim in some way with your employer or through insurance, then it doesn’t affect your right to make a claim, whether you have since left that employment, moved out of the area, or anything else for that matter.
As can be the case with anything legal, there are always unusual circumstances where timescales can be less or more depending on how, when, or where your claim happened and for that reason, it is always best to seek advice as soon as you feel that you want to make a claim. It is also true that by delaying making your claim you might make your solicitor’s life a bit more difficult in helping you to win your case as, for example, CCTV evidence might have been erased or witnesses’ details lost.
It is, however, always worth making a call to us for advice as you might be surprised what evidence can be brought to light, even years after an accident has taken place. Especially in workplace claims where your employer may have been under a duty to report the accident to the health and safety persons/authorities, and where there may be A&E notes, we can apply for them to assist your claim.
Another thing to perhaps consider is that your employer has, by law, to have insurance to pay out claims when there has been an accident to an employee. If that accident happened years ago it is the insurer who insured your employer at that time who has to pay your compensation and very often that is not the same insurer that covers the employer currently. The practical upshot of that is that sometimes if you don’t make a claim, the only people that benefit are the insurance company.
At Stonehewer Moss, we can usually offer a ‘No Win, No Fee’ service for accidents at work and we are happy to provide you with a free initial case review to be able to advise you on your rights no matter when your accident happened, in which case, please get in touch.