If you’ve been hurt at work, the key question is whether your injury is classed as temporary (you’re expected to fully recover) or permanent (symptoms persist, recur or cause lasting limitations).
That decision affects how much you can claim, what evidence you’ll need and whether you might qualify for benefits such as IIDB. If you are unsure what you can ask for after an accident at work, start with understanding your rights after a workplace injury.
Below, you’ll find what the law looks at, the deadlines that apply and the steps to take now.
What counts as temporary vs permanent (workplace) injury?
- Temporary injuries are expected to resolve, even if recovery takes weeks or months. Examples: sprains, simple fractures, short-term soft-tissue injuries, minor back/neck strains.
- Permanent injuries involve long-term or recurring symptoms, reduced function or a poor prognosis e.g., chronic pain, nerve damage, restricted movement, scarring/disfigurement or psychological trauma that continues to affect daily life and work.
You don’t have to be “permanently disabled” for the law to treat harm as permanent. If symptoms persist or keep returning well beyond the usual healing window, a court may assess the injury as long-term.
The NHS has accessible info on chronic pain and common conditions like whiplash, which can linger after accidents.
Why the distinction matters for your claim
- Temporary injury claims typically cover pain and suffering, short-term loss of earnings, treatment, travel and rehabilitation.
- Permanent injury claims can include future loss of earnings, ongoing care and treatment, home/vehicle adaptations, specialist equipment, therapy and the wider impact on quality of life.
This distinction is also crucial if you’re claiming Industrial Injuries Disablement Benefit (IIDB), which depends on the assessed level and duration of disablement. See the official GOV.UK guide to Industrial Injuries Disablement Benefit (IIDB) for eligibility and how assessments work.
Evidence you’ll need (and why timing matters)
Courts rely on clear, consistent medical evidence plus a timeline of symptoms. Not sure if now is the right time to claim? Read the factors to consider before taking legal action.
Useful items of evidence to include:
- GP/hospital notes, consultant reports, imaging (X-ray, MRI, CT)
- Physiotherapy/occupational-health records
- A symptom or pain diary (flare-ups, triggers, impact on work)
- Workplace accident report forms and witness statements
- Expert opinions on prognosis and functional limitations
Symptoms of a permanent injury often emerge gradually, so start documenting early and keep everything organised. Keeping notes pays off. If you work from home at times, a few simple ergonomic tweaks can also reduce flare-ups while you recover – see these ideas for setting up a safer work from home space.
For general rights and process, Citizens Advice has a plain-English overview of taking legal action for personal injury. If the accident should have been officially reported at work, the HSE explains employer duties under RIDDOR.
Don’t miss the deadline
In most cases, There’s a three-year time limit for those making a claim.
This usually runs from:
- the date of the workplace accident or
- the date you first realised your injury was work-related (the “date of knowledge”).
There are limited exceptions (for example, claims on behalf of children or those lacking mental capacity), but they’re narrow. Citizens Advice has a helpful page on time limits for taking action so you can sanity-check your position.
Because these rules are strict and evidence is easier to obtain early, seek out a specialist accident claims solicitor as soon as possible if symptoms are ongoing or your prognosis is uncertain.
Compensation and support you could receive
Depending on whether your injury is temporary or permanent, you may be able to claim for:
- General damages: pain, suffering, loss of amenity
- Special damages: past/future loss of earnings, treatment/rehab costs, travel, care and assistance (paid or family), equipment and adaptations, therapy and counselling
- Work-related benefits: you may qualify if you’re claiming Industrial Injuries Disablement Benefit (IIDB), subject to the scheme rules and your assessed disablement level.
If you’re off work, ACAS explains how fit notes and reasonable adjustments work in practice.
Practical next steps (simple checklist)
- Get checked: attend your GP/hospital appointments and follow treatment plans.
- Record everything: symptoms, time off, expenses, and any workplace adjustments.
- Collect documents: accident reports, witness details, photos/CCTV if relevant.
- Review prognosis: ask your clinician about expected recovery and red flags.
- Act early: diary the limitation date; get advice now, not at month 35.
- Legal support: speak with a solicitor to scope the value of your claim and handle evidence, deadlines and negotiations.
FAQs (quick answers)
Is my injury “permanent” if it flares up but isn’t constant?
Possibly. Recurring or persistent symptoms that meaningfully affect your life/work can be assessed as long-term harm, even if they wax and wane.
Can I claim if I’m partly at fault?
Often yes, compensation can be reduced for “contributory negligence” rather than barred entirely. A solicitor can explain how this might play out.
What if my employer didn’t report the accident?
You can still claim. Your evidence will matter more. The employer’s reporting duties are set out by the HSE under RIDDOR.
When should I apply for IIDB?
Check the GOV.UK criteria for IIDB and speak to your clinician/solicitor about the right timing alongside your civil claim.
Final thoughts
Deciding whether a temporary vs permanent workplace injury applies to your case has a direct impact on compensation, benefits and how long support lasts. Start a paper trail, get the right medical evidence and don’t risk the limitation clock.
There’s a three-year time limit for those making a claim. If in doubt, seek out a solicitor early so you can focus on recovery while your case is properly managed.
