Time Limits in Occupational Disease Claims
Should you suffer from an industrial disease or an occupational injury, the law imposes time limits within which any claim for compensation must be pursued. Having said this, the time limit applicable to such claims is not always easy to understand.
Under the Limitation Act, Court proceedings must be issued within 3 years from the date when:
- you first experienced significant symptoms;
- which you had reasonable grounds to believe were caused by your work or the negligence of a third party.
As symptoms arising from industrial diseases or occupational injuries often develop over a substantial period of time, it is often difficult to determine at what point the symptoms would be classed as significant. In addition there may be good reason why you did not realise that the symptoms had been caused by your work. This is particularly the case if you stopped undertaking that work many years ago.
Accordingly on many occasions it may be difficult to determine exactly when the 3 year time limit is likely to expire.
A Judge does have the discretion to allow any personal injury compensation claim to proceed where it is found that Court proceedings were issued after the three year time limit had expired. This will only be allowed where there is a good reason for the claim being brought out of time and where the Defendant’s ability to investigate the claim has not been adversely affected by the delay.
The law surrounding time limits applicable to industrial disease and occupational injury compensation claims is extremely complex. Accordingly, should you believe that you have developed a condition that may have been caused by your work or the negligence of another party, you should not delay in seeking legal advice.
At Sintons our specialist personal injury solicitors have a wealth of experience in pursuing claims for industrial disease and occupational injury compensation. As a consequence they can advise you fully regarding all aspects of your claim and the time limits that will apply.
All personal injury claims are pursued on a No Win No Fee basis so you can rest assured that there is no financial risk.
To begin a personal injury compensation claim or obtain further advice with no obligation contact Sintons 24/7.
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