Does UK law cover accidents that happen abroad?
UK courts can accept jurisdiction where employer is UK-based and contract is governed by English law (Rome I Regulation — retained in UK law); UK HSWA 1974 can apply to UK workers overseas in some circumstances
Which country's law applies to your claim?
Rome II Regulation (retained UK law) — generally law of the country where the accident occurred governs the claim; exception where both parties habitually reside in the same country; UK courts can apply foreign law
What if you were sent abroad by a UK employer?
Contract governed by English law; employer's duty of care may extend overseas; Rome II exceptions may apply
What are the time limits for an overseas work accident?
Apply law of the country where accident occurred; or English law if Rome II exceptions apply; get legal advice quickly — foreign time limits may be shorter than 3 years
What about accidents in Europe?
Post-Brexit — UK courts apply retained EU law (Rome I / Rome II); cross-border enforcement more complex since Brexit; Lugano Convention not re-joined; jurisdiction rules changed
Sources
- Rome I Regulation (UK retained law — Regulation (EC) 593/2008)
- Rome II Regulation (UK retained law — Regulation (EC) 864/2007)
- HSWA 1974
- Limitation Act 1980