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#1 Posted : 24 April 2006 12:01:00(UTC)
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Posted By David Paterson Where is it written about the 3 year time period for employees to claim compensation for injuries at work. I have been advised it is under employment law, but can't find any reference.
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#2 Posted : 24 April 2006 12:22:00(UTC)
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Posted By stephencarey I believe it is civil law. All accidents whether at work or not have a time limit of three years.
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#3 Posted : 24 April 2006 12:26:00(UTC)
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Posted By Mark Talbot Google "Statute of Limitations"
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#4 Posted : 24 April 2006 12:33:00(UTC)
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Posted By Arran Linton - Smith Time Limitation Act 1980
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#5 Posted : 24 April 2006 12:35:00(UTC)
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Posted By Arran Linton - Smith Section 11 of the above act
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#6 Posted : 24 April 2006 13:17:00(UTC)
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Posted By Ron Impey The three year rule does not apply to an injured person under 21, or someone who has a defined mental disability. There may also an exception when the condition arising from the injury does not develop for many years after it was suffered.
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#7 Posted : 24 April 2006 13:34:00(UTC)
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Posted By Bill Parkinson The Statute of Limitation applies if 3 years has lapsed after the date the incident occurred or when the condition was diagnosed. There can be an application made to the court to set aside this (I have been involved in one case where this happened) but the claiment will need some justification to get that through. Bill
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#8 Posted : 24 April 2006 13:38:00(UTC)
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Posted By J Knight Bill, Can you give some more info of the case where the limit was waived? That would be interesting, John
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#9 Posted : 24 April 2006 17:15:00(UTC)
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Posted By Mark Talbot Normally it applies from the date that the injured person can reasonably be expected to know that damage occured ... so one waiver would be a person in a coma - the three years would start from when he/she awoke and was made aware. another is for damage that is delayed - such as a disease another is for damage occuring after the accident which was not seen during examination another plausible one would be mis-diagnosed damage, where the injured party was told there was no damage, but where damage is later identified by another (this might be tenuous, but I think a judge would probably allow - especially where diagnosis relied on available technology/understanding).
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#10 Posted : 24 April 2006 20:35:00(UTC)
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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.
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#11 Posted : 25 April 2006 12:13:00(UTC)
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Posted By Alice Really it's 3 years and 35 days from the date of the alleged incident.
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#12 Posted : 25 April 2006 12:33:00(UTC)
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Posted By Bob Thompson CMIOSH There is provision in the statute of limitations to disapply the 3 year rule . section 33 of the said legislation states that the time limit starts from the date of diagnosis or from the date which the complainant realised that they had a significant problem, there may be a differenc in the two. This knowlege is born out of an unsucsessful day in court to test the point of law. Regards Bob
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#13 Posted : 26 April 2006 08:37:00(UTC)
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Posted By David Paterson Thanks to everyone who has given me the advise, it is very much appreciated.
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