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If you’ve gone to work, taken the kids to school or frankly done anything that’s required leaving the house in the last few days, then you will no doubt have experienced the effects of Storm Ciara.

With Storm Dennis now forecast to be hitting British shores by the weekend, we are likely to continue experiencing disruption to public transport, sporting fixtures and our daily lives for the foreseeable future too.

This bout of bad weather has meant that, in recent days, it has been hazardous to walk down the street – even in areas that haven’t experienced flooding thankfully, there has still been large volumes of ground water, as well as black ice in some parts, on pavements and roads.

Add to this the high winds, fallen trees and blizzard conditions that we’ve had, and it would be fair to say that it has also been treacherous to drive on UK roads the past few days, thereby increasing the likelihood of accidents happening.

It is the responsibility of your local council to ensure that the highways and byways around you – this includes both the roads and pavements – are cleared and gritted in icy and windy conditions and so, safe to travel on. Similarly, it is the duty of Highways England to make sure that the nation’s motorways are safe for motorists to use, while it is the responsibility of Transport Scotland north of the border.

If this is not done, and you are involved in a road traffic accident (RTA), or suffer a slip, trip or fall while walking down the street, you may be entitled to compensation.

At The Compensation Experts, we work with specialist law firms who have a track record of making successful compensation claims against local councils and after RTAs have occurred. We and the legal firms we work with have a lot of experience with these types of cases and so, are well-placed to help you get you the maximum amount of compensation.

If you have been involved in a road traffic accident or have sustained any type of injury while out in public the last few days, the stormy conditions we have been experiencing are not an excuse. Therefore, you may be entitled to compensation.

Do not hesitate to contact The Compensation Experts via the contact form on our website or by calling 0161 413 8765.

Do you want to make a claim after an accident or injury that wasn’t your fault, but aren’t sure how long you have to make it? Here’s everything you need to know about the personal injury claim time limit in the UK.

What is the statute of limitations in the UK for personal injuries?

Sometimes, when you’re eligible to make a compensation claim, you may not be ready to pursue it straight away. Of course, this may lead you to worry about exactly how long you have to make your personal injury claim.

Fortunately, UK law has safeguards in place to ensure that there is a reasonable timeframe in place within which you can make your claim.

This time limit is known as the statute of limitations. UK law incorporated its use as part of the Limitation Act established in 1980. It serves two purposes:

To ensure all evidence gathered for personal injury cases is as recent as possible.
To protect defendants against persistent fear of litigation.

The personal injury claims time limit in the UK is set at a three-year maximum, however, there are exceptions to the rule. If you’re unsure whether your personal injury claim falls under the normal personal injury claim time limit in the UK, it’s best to speak to a personal injury lawyer at the first possible opportunity. We work with expert panels of solicitors and lawyers, so we can help you find the right solicitor for you.

When does the limitation on personal injury claims take effect?

Typically, your personal injury claims time limit will begin from the moment you first become aware of your injuries or illness. In most instances, this will be the date on which your injury was suffered.

However, as the symptoms of many medical conditions, such as industrial diseases, can take months or even years to manifest themselves, the potential start date for your personal injury claim time limit can vary.

It’s important to note that you should seek medical attention as soon as you discover your injury or illness. Not only will this ensure timely treatment for serious cases, but it will also ensure that your claim for compensation is unimpeded by accusations that you contributed to your own condition by failing to have it treated in time.

Exceptions to the UK limitation on personal injury claims

As mentioned, there are a few exceptions when it comes to particular cases of personal injury. These adjustments to the UK personal injury claims time limit often occur due to a claim conflicting with other legislation, or instances in which a claimant is unable to support their claim for one reason or another.

If your injury or illness falls into one of the following categories, your personal injury limitation may potentially differ from the standard three years.

The Athens and Montreal Conventions

The Athens and the Montreal Conventions (1974) are a specific set of rules that dictate the personal injury claims time limit someone injured at sea or on board an aeroplane has to make their claim.

These conventions apply to those who are residents of the UK and in other countries in which they have been ratified. They actually reduce the personal injury claim time limit of a claimant to two years rather than three. Therefore, if you were injured in one of these settings, you should look to pursue your claim as soon as possible.

It is important to note that this does not apply to any injury or illness suffered aboard. In these cases, you’ll need to speak to a solicitor for advice on how to pursue your claim.

Personal injury claims time limits that conflict with the Consumer Protection Act

In the cases where personal injury claims conflict with the Consumer Protection Act, injuries caused by a product you purchased may be claimed within three years from the injury date, provided that the product has been available in the UK for less than ten years.

The longer a product has been in circulation without recall, the lower the personal injury claim time limit in the UK. For example, if you were to sustain an injury because of a product nine years after it was released onto the market, you would only have one year in which to claim public liability compensation.

Personal injury claims time limits for personal injury claims involving children

Individuals under the age of eighteen are not legally allowed to pursue a compensation claim or instruct a solicitor when pursuing a personal injury claim. Thus, the personal injury claim time limit in the UK of three years cannot be applied.

However, a parent or guardian may initiate a claim on behalf of a child before they reach adulthood, in which case, you will still have three years to make the claim.

Alternatively, an under-aged individual can wait until they are old enough to pursue a claim on their own. In this scenario, the limitation on personal injury claims would begin from the moment they turned eighteen.

What is the statute of limitations in the UK under the Mental Health Act or after suffering catastrophic brain injury?

Under the UK Mental Health Act (1983), a claimant must possess the cognitive ability in order to be able to pursue a claim for compensation.

If an accident victim is left comatose by an accident, has reduced cognitive ability, or has suffered irreparable trauma to the brain, the time limit imposed by the UK Statute of Limitations for personal injuries is paused until the person regains the mental capacity to be able to pursue a claim.

However, if a person is unable to regain their cognitive ability due to a serious injury, a claim can be made on their behalf by a Litigation Friend under the standard three-year limit.

Are there extensions for the standard personal injury claims time limits?

In certain special circumstances, an individual pursuing a personal injury claim may be granted an extension on their personal injury time limit in the UK. However, these extensions to the UK Statute of Limitations for personal injuries may only be granted by a court.

There is also what’s known as the concept of a “Standstill Agreement”, which effectively stops the clock on claims for a set period of time. But the use of this measure must be agreed upon by all parties beforehand in order for it to be implemented.

Using the statute of limitations in the UK

Considering the implications the UK Statute of Limitations for personal injuries may have on your claim for compensation, you should always seek to pursue your claim as soon as possible.

Although two or three years may seem like ample time in which to pursue personal injury claims, preparing a compensation claim can sometimes be a long and complex process, so starting your claim as soon as possible will give you the best possible chance of success.

As mentioned above, several instances exist in which the time limit for claims in the UK can be reduced or extended. For this reason, it’s imperative that you speak with a personal injury claims solicitor about the time limit on compensation claims in the UK and the impact it may have on your claim.

If you’re looking to get started on making your personal injury claim, you can get in touch with our experts today at a time of your choosing. Here at The Compensation Experts, our team works with qualified solicitors with years of experience handling personal injury claims.

Once we’ve found one to your liking, they’ll walk you through the claims process, help you estimate how much you could potentially claim, and then keep you informed as your claim progresses.

In her final annual report before she left the role last year, England’s then-Chief Medical Officer, Professor Dame Sally Davies, declared mental health issues to be a public health emergency.

While such an announcement could be seen as being overly-dramatic, it is supported by evidence.

The impact of occupational stress

For example, according to the latest figures released by the Health and Safety Executive (HSE), stress, depression or anxiety accounted for 12.8 million working days lost due to work-related ill health in 2018/19. On average, each person suffering from stress, depression and anxiety (what we will call ‘occupational stress’) took around 21.2 days off work. This accounted for 44% of all work-related ill health and 54% of working days lost in 2018/19. In total, 23.5 million working days were lost in 2018/19 due to all types of work-related ill-health.

We have been unable to find a reliable estimate on what this cost the UK economy, but it would be fair to assume that it is in the billions of pounds.

Occupational stress issues can be particularly prevalent in certain roles too. For example, BBC Radio Tees revealed last week that Cleveland Police officers are spending more time on long term sick leave with mental health issues than for any other reason. A Freedom of Information (FOI) request showed that the force had 132 officers absent last year because of mental health, compared to 62 for all other sicknesses.

This trend is reflected across all of the emergency services, as another BBC report, last year showed that sick leave for emergency services personnel due to mental health issues rose by a third between 2014 and 2018. It is understandable that emergency services personnel would have high rates of occupational stress given they deal with traumatic situations on a daily basis. However, the HSE statistics also show that those working in other sectors, such as the Civil Service and education sectors, also have high instances of sick leave due to mental health issues.

Furthermore, when analysing the 2018/19 figures, the HSE concluded that;

“Work-related stress, depression or anxiety continues to represent a significant ill health condition in the workforce of Great Britain … The reasons cited as causes of work-related stress are also consistent over time with the workload, lack of managerial support and organisational change as the primary causative factors.”

Clearly then, a range of factors that are consistent across different industries is causing this rise in occupational stress.

What employers need to do

Therefore, it is for employers to find ways to alleviate the stresses being placed on workers. While it is reasonable to expect employees to work hard and give their best, it is unreasonable to expect workers to sacrifice their health, either physical or mental, for a paycheque. In particular, achieving a good work-life balance has actually been found to improve productivity.

This has been seen recently in the calls to create a four-day week. For example, in November 2018, Perpetual Guardian, a New Zealand financial services company, switched its 240 staff from a five-day to a four-day week and maintained their pay. A study of the trial found that productivity increased in the four days they worked so there was no drop in the total amount of work done. Similarly, Microsoft’s Japan office moved to a four-day week for the month of August last year and found that the shortened weeks led to more efficient meetings, happier workers and boosted productivity by 40%.

While it may not be feasible for all employers to adopt a four-day working week, flexible working practices could arguably also help to alleviate work-related mental ill-health by allowing employees to more easily fit their work around other aspects of their lives, such as the need to take children to and from school, medical appointments and the like. Workers should also be aware that, after you have worked for your employer for 26 weeks, you are legally entitled to request flexible working too. It is for your employer to then decide whether they say ‘yes’ or ‘no’ and give you reasons for this decision.

Furthermore, in addition to mentioning workload, lack of support from managers and organisational change as factors causing workers mental ill health, the HSE report also highlights “tight deadlines” and “too much responsibility”. It is entirely understandable that an employee’s mental health could be adversely affected if they are set unrealistic targets, such as tight deadlines, or are feeling overwhelmed by too much responsibility given to them by management who are then unsupportive.

Ultimately, the Health and Safety at Work Act 1974 requires employers to protect the health, safety and welfare of staff from anything that may cause them harm. This includes an employee’s mental health too.

If it is found that an employer has failed to take all reasonable measures to fulfil this duty of care to his/her staff, the employee affected can claim against their employer for the damage caused to them. This, among other things, can include for loss of earnings while the employee was away from work due to mental ill-health caused by the job they were in.

How we can help you

At The Compensation Experts, we work with specialist legal firms who have a proven track record in making successful compensation claims against employers whose workplaces have caused its staff to suffer from mental ill-health. We and the legal firms we work with have a lot of experience in these cases and so, are well-placed to help you get the maximum amount of compensation you are entitled to. After your initial consultation with our advisors about your particular circumstances, which is done on a free no-obligation basis, we will match you with the firm who best suits the circumstances of your case.

If you have had to take sick leave from work due to mental health issues and feel this was because of the working environment, you may be entitled to compensation. To find out if you may have a claim, do not hesitate to get in touch with The Compensation Experts via the contact form on our website or by calling 0161 413 8765.

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