Q&A How long after a work injury can you make a claim, and can you claim for private treatment?

Q:      My dad was injured in an accident at work in early 2022 but didn’t make a claim against his employer at the time. Is it now too late to make a claim? He ended up having to leave his job and is still suffering a great deal of pain. With the long NHS wait times to see a consultant, things are just getting worse for him. He has seen his GP who has referred him, but he really needs to see someone now. If he made a claim against his employer, would he be able to go private?

 A:       Under the Limitation Act 1980, your father will have three years from the date of his accident to make a claim against his employer. Your father will need to be clear as to the date of his accident, which should appear in the work accident book. He should also try and compile a timeline of events relating to the suffering he has endured from his injuries, including financial suffering, and any costs incurred. He should also keep any documentary evidence of those losses.

Whilst Defendant Insurers prefer claimants to seek NHS treatment, private medical treatment costs are recoverable, provided they are reasonable and necessary as a result of the accident. If liability is admitted, often Defendant Insurers will actually arrange and fund the treatment themselves.

Your father should make an appointment as soon as possible to see a local personal injury lawyer who can assess whether he has a valid case for claiming compensation and guide him through the claim process. Whilst he technically has 3 years to claim, it is best to start the process as soon as possible.

This question has been answered by Claire Parfitt, a Solicitor with GHP Legal.  If you would like to speak to someone about this or any other legal matter it is still possible, and we are doing everything we can to ensure that we continue to offer our high levels of service to our clients.  Where possible, we ask that you communicate with us by phone or email. If you have a new enquiry or for an appointment visit www.ghplegal.com or contact one of our offices: Wrexham 01978 291456, Llangollen 01978 860313, Oswestry 01691 659194 

Claire Parfitt

Claire Parfitt

Senior Solicitor

Senior Solicitor within our Civil Litigation team in Wrexham and Oswestry

Robert Williams

Robert Williams

Partner and Complaints Handler

Partner and Head of the Civil Litigation, Personal Injury and Dispute Resolution team in Wrexham