If you sustained an injury in terms of an industrial disease, then you may be able to claim notwithstanding the 3 year rule. If you have sustained an injury at work then you should contact a Solicitor as soon as possible to see if you have a claim. In terms of general workplace accidents there is normally a 3 year limitation period in which you must issue Court Proceedings or settle your claim within 3 years of the date of the accident; otherwise you may lose your right to claim compensation.
In some cases such as for industrial diseases (for example vibration white finger and industrial deafness) the limitation period is somewhat different as, at the time, you may not have been aware that you sustained injury. A good example is with deafness; at the time of exposure to loud noise you may not notice a hearing deficiency, but later in life you may find that your hearing is not as good as it should be. In this scenario your hearing has been damaged by noise exposure and has meant that you experience hearing difficulties in advance of when otherwise expected.
Any person who works in personal injury law should tell you to seek professional advice as soon as you are aware that you have sustained an injury or have been diagnosed with a certain condition which you believe may be work related.
Your employer has a duty to keep you safe and free from harm. Some industries are dangerous and in these industries measures should be taken to keep employees safe. Even in an office environment for example, accidents can and do happen. Even in an office environment procedures should be in place to prevent accidents. Procedures could include not having trailing wires, not having bags or belongings on view where people could trip over them etc.
In terms of the well known dangerous industries such as construction and building industries, risk assessments should be taken and appropriate personal protective equipment (PPE) should be provided to protect workers. In addition to PPE the work should be made safer at source, if possible. For example machinery should be adequately maintained and checked, emissions should be reduced etc.
A key part of health and safety is risk assessments. Risk assessments are in place to identify the health and safety risks each employee faces at work. Once the risks are identified measures can be taken to guard or protect employees from the risks. Despite all the rules and regulations governing health and safety at work and personal injury at work, accidents continue to happen. If you have sustained personal injury at work then do not hesitate to contact The Injury Lawyers today to discuss your claim.