Work injury claims - a matter of time

Most people who have suffered a work injury in an accident at work will be aware of the three year limitation period on making claims. This means that a work accident claim for compensation must be made within three years from the date of the cause of the work injury or, alternatively, three years from the date the claimant became diagnosed with the work injury.

This is stipulated in Section 14 of the Limitation Act 1980. The three year limitation period takes effect when the claimant has knowledge of any of the following:

• That the work injury is significant
• That the work injury is a result of an act that could be considered to constitute negligence, nuisance or breach of duty
• The identity of the defendant

The urgency of making a work accident claim for work injury compensation
What is less commonly known is the urgency of making a work accident claim for a work injury as soon as possible. There are a number of advantages to making a work injury claim immediately. Outlined below are some of these:

• Witnesses cannot be interfered with the sooner you make your work injury claim, the less likely it is that witnesses to the work accident can be silenced or advised to be evasive by the employer or negligent party. Also, the details of the work accident are fresher in their mind, which will mean the work injury claim has a stronger chance of success.
• Accident book cannot be interfered with - the work injury accident report book has less chance of being interfered with.
• Important work accident documentation is available assuming the Health and Safety Executive has been contacted and they always should be they will visit the employer's offices and seize any documentation, such as risk assessments, relating to health and safety training. This can strengthen any work injury compensation claim.
• The work accident site can be photographed if it has not already been photographed, it is a good idea to do so as soon as possible. This can help establish evidence and the validity of any work injury compensation claim.
• The claimant's memory of the work accident is still fresh the human memory is complex and too often fallible. With the work accident that caused work injury still fresh in the mind, the claimants account is less likely to have holes' or gaps' in it, making it more plausible and less liable to be called into question by cross examination. Making notes of the circumstances leading to the work injury is vital at this early stage.

To summarise, while not making a work injury claim at the earliest possible stage does not mean the claimant will not have a good case for work accident compensation, it certainly does help in establishing a strong case.

Situations where the work injury has taken some time to become apparent
Not all work injuries are immediately noticeable. It is in these situations that the three year limitation from date of diagnosis/realisation applies. Listed below are the some work injuries/illnesses to which this is relevant.

• Asbestos-related illnesses - such as pleural plaques, mesothelioma or asbestosis.
• Cancers often difficult to establish a causal link, but there are numerous cases of compensation claim successes.
• Skin disorders conditions such as dermatitis. Those in professions such as hairdressing or beauty therapy are often exposed to chemicals which can cause skin conditions.
• Vibration White Finger (VWF) associated with the use of heavy machinery. Restricts blood supply to the body's extremities.
• Repetitive Strain Injury (RSI) Due to over use of a particular part of the body. Examples include excessive typing when hunched over a desk and a manual worker's overuse of a pickaxe or shovel.
• Noise-induced hearing loss those in professions using heavy and loud machinery are often at risk of this work injury.
• Lead exposure those in some factory/industrial environments can find themselves at risk.
• Stress stress is alarmingly common, yet worryingly difficult to prove. Many no win, no fee solicitors are reluctant to take this kind of compensation claim on because of the inherent difficulties in proving a causal link between stress and work. If the claimant is represented by a union, the union will sometimes take these cases on.

Once again, with these kinds of slow-building work injuries/illnesses the sooner the work accident claim is made, the more chance the claimant has of a compensation claim success.

Making a work injury compensation claim
If you have suffered a work injury in a work accident and feel you have a valid case for a compensation claim, the sooner you take action, the stronger your chances of receiving justice.

At YouClaim we have a strong and lasting relationship with our team of expert no win, no fee solicitors. In fact, they have an excellent success rate in dealing with work injury claims, so once they have established your claim, we will certainly give you a fighting chance.

We understand that those wishing to make work injury claims often find themselves facing unfamiliar financial waters. This is why you will not incur any fees from us at any stage in the compensation claim process, win or lose. That's right if you win, you are not obligated to pay us a penny and you get to keep 100% of your compensation cheque.

Even if you lose, you pay nothing, as we will take an insurance policy out on your behalf to cover the legal expenses of the opposing side. So why not contact us today? You have nothing to lose only justice to win.

Our team of trained and experienced legal advisors are ready to help you with your work injury claim. They are available 24 hours a day and can be contacted in several ways. Just choose the one which suits you. You can fill out an online claim form, request a call back at a time convenient to you or phone us now on 0800 10 757 95.