The three year rule which benefits employees and families

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In recent years, employees have become more aware of the fact that if they’re injured at work, they can take action against their employers, and receive compensation which will help them to recover from their injuries and get on with their life. If you’re watching the commercials on TV, or seeing the adverts in newspapers, and wishing that legislation like that had been around when you’d been injured at work, don’t close the door on your chance of compensation.

UK law allows employees three years from the date of the accident in which they can start a claim for compensation after a work-related accident. As long as you start your claim within three years of your accident, there’s a good chance you could be entitled to compensation. Leave it longer than three years, and your incident is classed as “time-barred”, and it’s unlikely you’ll be able to proceed. It’s important to get started as soon as possible!

The clock starts ticking from either:

1) The day your accident happened

OR

2) From the day you were able to attribute your injury or suffering to an accident at the workplace.

The second reason was introduced to support people who want to make a claim for illness or injury as a result of exposure to long term toxins like chemicals or asbestos, where only in recent times have we become aware of the dangers of exposure to these toxic substances. Sadly, conditions like mesothelioma as a result of asbestos exposure may take a long time to start showing symptoms, hence the three-year allowance.

Tragically, conditions such as mesothelioma have been responsible for the deaths of many hard-working employees across the UK. With a little more protection, a death from mesothelioma would have been avoidable. Because of this, the family of the deceased employee are allowed three years from the date of death to make a claim. Why is this? It’s entirely possible that the real reason for death was not discovered until a post-mortem.

How about if a claim has started, but the affected employee dies before it’s concluded? The law is kind to the bereaved family in this case, and the clock is reset, allowing the family a full three years to complete their claim process.

Obviously, every claim is unique and has its own set of variables and circumstances. That’s why it’s best to consult knowledgeable professionals, like The Compensation Experts, who can advise you on the best way to proceed with your case. Contact us today.