How long do I have to claim for a work injury?

By Chris Salmon | Updated: September 27, 2025

If you have been injured at work, you may be able to claim compensation from your employer. In most cases, you must start your claim within three years of the accident or of becoming aware of your injury. This period is known as the limitation period. After this time, claims are usually time-barred, although there are some exceptions.

The three-year limitation period

You usually have 3 years from the date of injury to start a claim under the Limitation Act 1980 (Source: legislation.gov.uk). The clock begins on the date of knowledge, which is the day you were diagnosed, became aware of, or could reasonably have known about your injuries.

For many claimants, the date of knowledge is the date of the accident itself. However, if your injury or illness developed later, the three-year period begins when you first became aware of it.

What if I was unaware of my injuries?

Some injuries and illnesses only become apparent months or years after the original accident or exposure. In these cases, you will still have three years to claim, but the period will begin from the date of knowledge rather than the date of the accident.

Examples include:

Lung disease caused by inhaling toxic substances at work
Skin conditions due to prolonged chemical exposure
Head injuries leading to delayed symptoms such as severe headaches or epilepsy

What if I was under 18?

If you were injured before your 18th birthday, a claim can be brought on your behalf by a litigation friend (usually a parent, guardian, or trusted adult). The litigation friend can start the claim at any time before you turn 18.

Once you turn 18, the three-year period begins. This means you will have until your 21st birthday to start a claim yourself.

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Practical deadlines to be aware of

Although the limitation period is three years, most solicitors will not take on a claim if less than six months remain, as they need time to gather medical evidence, accident records and witness statements. Many firms prefer at least 12 months before the deadline.

If the three-year period has already expired, your claim will usually be statute-barred, meaning the courts will no longer accept it. Exceptions are rare, so it is important not to delay.

Why acting quickly helps

Seeking legal advice soon after your accident improves your chances of success. Evidence such as CCTV recordings, witness statements and medical records is easier to obtain while events are recent. Early advice also ensures your solicitor has time to build the strongest possible case on your behalf.

Key takeaway

Most work injury claims must start within three years of the accident or the date you first became aware of your injury. If you were under 18 at the time, the clock starts on your 18th birthday. Acting quickly gives you the best chance of recovering full compensation.

About the author

Chris Salmon is a legal commentator and co-founder of Quittance Legal Services. He has written extensively about workplace accidents, employment rights and the claims process. Chris's work has been cited in national media and he regularly contributes practical guidance to help injured workers understand their options.

More about Chris and WAAC

Last reviewed September 2025 by Chris Salmon

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