If you had an accident at work but you are no longer employed by the company you were working for at the time, your eligibility for making a claim rests solely on your date of limitation – this is the only factor that could affect your right to make a claim, because you are legally entitled to pursue a claim against a past employer.
Your date of limitation is the date your injury became clear; not necessarily the date that your accident happened. But this is the important part – you only have three years from your date of limitation to make a claim. After this period expires, you will not be able to make a claim for financial compensation against your past employer.
Some people may say different, but the truth is that unless you claim within three years there can be little, or nothing, you can do.
However, there are some exceptions to the three year rule.
Exceptions to the 3 Year Limit
The first exception is if you were a minor at the time (under 18). If you were, you have three years from the date of your 18th birthday to make a claim. Or if you are still a minor, you can have your parent or legal guardian make a claim on your behalf.
The second exception is if you lack the mental capability to make a claim on your own behalf, or if you’ve treated under The Mental Health Act 1983. There are strict rules with regard to this, so it’s worth seeking specialist legal advice if you believe this applies to you.
What if the Company I Worked for No Longer Exists?
If you are no longer employed due to the company you worked for going into administration or otherwise because the company you worked for no longer exists, you may still be able to make a claim against your employer’s insurance company.
If it turns out that your employer did not have valid employer liability insurance at the time of your accident, there won’t be anything or anybody to make a claim against unfortunately. In such circumstances, a law firm like www.accidentadvicehelpline.co.uk will help you to better understand your options to help you make an informed decision moving forward.
In Summary
You are legally entitled to make a claim against a past employer so long as your date of limitation is no longer than three years ago, or one of the above three year rule exceptions applies to you. To find out more about your rights and to discuss your case with a compassionate and experienced claims advisor, call AAH’s 24/7 Helpline on 0800 689 0500 or from your mobile on 0333 500 0993 today.
