Posted By John Murgatroyd
Legal Claim
Legal Claims For Personal Injury/Industrial Diseases - 3 Year Limitation Period
Adapted from: GPMU Circular No.59/99
16 March 1999
Legal Claims For Personal Injury/Industrial Diseases - 3 Year Limitation Period
Accident At Work Claim
This discusses the rules relating to the time periods in which a legal claim for damages must be made under The Limitation Act 1980.
The law states that a legal claim for personal injury, caused by an Accident at work, road traffic or street accident, or an industrial disease must be made within 3 years of the cause of action. If the claim is not made within 3 years, the member may be time barred from pursuing a claim for damages.
NB: The writ/summons must be issued within 3 years of the cause of action.
Accidents At Work And Road Traffic/Street Accidents:
In cases of personal injury caused by an accident at work, time begins to run from the date of the cause of action in negligence - which is the date that the accident occurred.
Industrial diseases Claim
This heading would include cases of industrial deafness, RSI, occupational asthma, dermatitis and any other disease contracted in the course of employment. The date from which time begins to run in these claims can be less straightforward.
These types of cases are more difficult because the onset of the disease may have started early on in a member's working life and have been developing throughout. Many years may pass before the symptoms or extent of the disease manifests itself and the member realises that he/she has an industrial disease.
Limitation Period
Accordingly, in these types of claim, the limitation period of 3 years runs from either:
(a) The date of the cause of action arising; or
(b) The date of the member's knowledge of the cause of action, if later.
The relevant date for limitation purposes in cases of industrial disease will, therefore, be the date that the member has reasonable knowledge that they have a disease that is, in whole or in part, employment related.
It is difficult to say exactly what level of knowledge a member will be required to have to be deemed to have sufficient information for them to have brought a claim within 3 years, as each case differs on its own facts and circumstances.
However, The Limitation Act makes provision for Plaintiff's to be deemed to have constructive knowledge of matters that they would reasonably be expected to have acquired from the facts observable or ascertainable either to themselves or with the help of medical or other expert advice.
Debilitating Illness Claim
Some members may start to experience fairly mild symptoms at the onset of a disease and may not feel that it is serious enough to make a claim.
However, they should be made aware that industrial diseases usually progress over a long period of time, and that in the future they may find themselves subject to very serious and debilitating symptoms. If they were aware that they had contracted a work related disease some years ago, then they may well find that they are time barred from making a claim for damages at a later stage.
Early Symptoms
It is particularly important if they have been to see their GP or other expert about symptoms, and have been advised that they have a work related injury/disease but take no action, as it is likely that time will start to run from then.
In cases where there were no early symptoms and the member could not be expected to have reasonably known that they had a disease until a much later stage in their lives, their claims will not be prejudiced – but they must put in a claim within 3 years from the date that they did have reasonable knowledge of a work related disease.
Protective Proceedings
In certain cases, it may be possible to issue protective proceedings to protect a member's position with regard to limitation until such a time as the full extent of the injury/disease can be ascertained.
It should be noted that reluctance to sue one's employer will not provide an excuse for a late claim.
The Courts Discretion To Allow Late Claims:
Under The Limitation Act, the Courts do have discretion to allow a claim to be pursued even though the limitation period has expired.
However, this discretion is not used generously. Recent trends have confirmed that the Courts are applying the time limits strictly.
Early Stages
Claims should still be registered with Accident Advice Helpline in the normal manner for our solicitors to advise, even where there is a possibility that it may be out of time, as the issue of limitation can be complex and turns on the facts of each case. The purpose of this article is to ensure that you are aware of these limitation periods.
It is also important in the sense that, if industrial diseases are acted upon at an early stage, Accident Advice Helpline can also help by encouraging employers and looking at ways in which working practices can be changed to prevent any further occurrences of injury/disease.