What Is The Statute Of Limitations For A Work-Related Injury?

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At many times employers fail to withhold the integrity and cohesion of their employees. Some times, it is the lack of trust, extra pressure, and other times it is lack of management skills to keep the discipline upright. In all these conditions, employers put the employee’s mental health, physical health, and code of conduct on the stake.

There are cases when a person gets physically injured, mentally suffers, or in a case of an occupational disease, during the course of employment, he is eligible to claim for compensation. Just like medical claims, and personal injury claims, work-related injuries are also entitled to compensation.

The Statute of Limitations for a Work-Related Injury:

The statute of limitations offers a period of time within which a plaintiff can bring a lawsuit against the employer. If the time limit passes, the plaintiff will forever be barred from bringing the suit. In the United Kingdom, it was introduced as a part of Limitations act 1980. The general time limit for the compensation claims is three years, with some exceptions in the rule. For the specific work-related injuries, the statute of limitations is quite complicated and it depends on the nature of the injury. It is always advised to consult a personal injury lawyer who will appropriately guide you about the specifications and limitations about an accident at work claims in the UK.

For Physical Injury:

The time limitation for bringing the lawsuit is three years from the date of injury.

For Mental Suffering and Occupational Diseases:

The time limitation for bringing a lawsuit against the employer is three years from the date when you identify the sufferage. It is in the case if f you catch a disease in the work-place or discover a mental disorder due to workload.

Exceptions To The Law Of Limitations:

If you appeal to the court after the time has expired, you will be bared from bringing the lawsuit. The courts rarely extend the date for bringing lawsuits. Therefore, it always better to claim on time. However, there are circumstances when the three years limit is extended. The circumstances are as follows:

1- Death:

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Unfortunately, in some cases, the person affected from the injury dies within three years. In such conditions, the date of limitation is extended to three years from the date of death or knowledge of the deceased. It, therefore, must be understood that it is not only the person who has been affected can claim, but a friend and close relative can too.

2- Mental Condition:

There happen the circumstances when the person affected lacks mental capacity. He remains in no condition to bring a lawsuit against the employer. In such cases, the three years limitation will not begin until the person retrieves his mental stability. In other cases, when the affected person does not regain the mental capacity, any of the litigate friend can bring the lawsuit any time. There are also conditions when the affected person completely loses their mental capacity, in such circumstances, the limitation time begins from the date of knowledge.

Benefits of Compensation:

There can be distinct benefits of compensations like weekly compensation for lost work income and indemnity payments depending on average weekly income etc. But the type and amount of compensation vary with the nature of injury at work. Some of the common types of work injuries are as follows:

1- Brain injuries

2- Spinal injuries

3- Vision impairment

4- Head injuries

5- Amputations

6- Fatal injuries

Must Read: How to Recognize PTSD after a Work Accident?

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