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Had a Work Accident Abroad? Can You Claim in the UK?

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

  1. Rome I Regulation (UK retained law — Regulation (EC) 593/2008)
  2. Rome II Regulation (UK retained law — Regulation (EC) 864/2007)
  3. HSWA 1974
  4. Limitation Act 1980

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