Workplace settlements
in England.
England has no workers’ compensation fund; injured workers sue the employer, whose insurance pays. A metal worker who used vibrating tools for 20 years was awarded £30,000 for hand arm vibration syndrome even though he sued 11 years after diagnosis. An army gunner thrown from a horse in a riding lesson lost her whole claim for fundamental dishonesty.
Facts that decide a workplace claim in England
| Late claims | The court can let a claim proceed outside the three year limit by balancing prejudice to each side; Lunt succeeded.Limitation Act 1980, s 33; Lunt v BAC Impalloy [2025] EWCC 49 |
|---|---|
| Fundamental dishonesty | If the court finds you fundamentally dishonest about the claim, it must dismiss the whole claim unless that would cause substantial injustice, and it records what it would have awarded.Criminal Justice and Courts Act 2015, s 57 |
| Contributory negligence | Your own fault does not defeat the claim; damages are “reduced to such extent as the court thinks just and equitable” for your share.Law Reform (Contributory Negligence) Act 1945, s 1(1) |