Posted By Sheila EJ Keogh
Hi everyone,
Please could somebody confirm the time limit - after a reported accident or incident causing an injury - within which somebody can launch a claim against an organisation? Is it 3 years? And what's the limit with death - is it if someone dies within a year & a day of an accid/incident that they can try to bring a claim against the employer?
I need this info to go in my training for directors & managers.

Thanks very much,
Sheila

Posted By Tarquin Farquor
Shelia,

Its the limitations Act (1980?).

But beware, although 3 yrs in general there are some conditions to that (as Alan has eluded to in his posting).

Also be aware that there have been some examples recently where the 3 yrs has been extended due to certain circumstances by 6 months.

Regards,

TF

Posted By LMR
http://www.opsi.gov.uk/acts/acts1996/1996019.htm
the old year and a day rule has been abolished.
The year and a day was the circumstances where if the death was delayed from attempted suicide or accident etc for a period of one year and a day or greater then that death could not be attributed to the original causation.
There is a time limit of 3 years to lodge a claim in court for personal 'injuries' as there is a precise date when the injury happened; long term and developed health problems caused by working conditions and working exposures etc have a longer period of claim as these 'conditions' can take time to develop

Posted By ken mosley
Sheila,
As others have pointed out the normal statute of limitations of 3 years applies in most civil cases, with obvious exceptions. These would be typically cases such a mesothelioma where the condition cannot be usually diagnosed until 30 years after exposure to Asbestos.

Ken

Posted By Phil Grace
Sheila,
Just to clarify - previous posters are generally correct. Time period is 3 years from date when potential claimant knows that they have a valid basis for a claim. As said for a "traumatic accident" e.g. from machinery, fall etc this is the same as date of incident. For any/all diseases the time period runs from the date when person is told/diagnosed as having a condition or disease that has an occupational cause/origin.
But there are some "funnies" for example a worker at a foundry might be regarded as having "knowledge" when his fellow workers successfully claim for deafness and his three years might be held to run from then rather than when he went to a doctor to have his deafness diagnosed.

Exceptions to or variation of the terms of the Limitation Act is by application to a judge asking him to grant an exception.

Take care with the term "date of knowledge".... this is more usually applied to the EMPLOYER. It is the date when the reasonable employer could be held to have knowledge that some aspect of his business might give rise to a disease or to ill health. It is the date when the employer should start to take precautions, the date when his liability commences. This "date of knowledge" is decide by the courts, by a judge. It is often common and applies to all occupations/businesses but can vary from one to another. Thus the situation existed that a judge said after 1963 the reasonable employer should have been taking precautions to reduce he risk of deafness. They would not be liable for any exposure to noise before that date. This date applied to industry but there were some exceptions for example(I think) the Rail industry, because they were held to have more knowledge and thus a greater responsibility.
Note; It was the publication of a pamphlet "Noise and the Worker" in 1963 that resulted in the year being chosen.
Hope this helps.
Phil