NHS Staff Accident At Work – How Much Compensation

After an accident at work during your NHS employment, you may be wondering how to claim compensation. Perhaps you feel certain that your accident and injury only occurred because of negligence on the part of your employer. If this is the case, you could be entitled to make an NHS staff accident at work claim.

Our guide will explain the eligibility criteria under which a claim can be made and also give some examples of circumstances that could lead to a case against the NHS. We will cover how personal injury compensation is calculated and talk about how to claim for financial losses that your injury caused.

Also discussed are some things on a practical note, such as how to claim NHS injury allowance, what evidence is needed to support a compensation claim and how a No Win No Fee personal injury solicitor from our panel could help you.

To discover more about starting your claim, please keep reading. Alternatively, you can:

 

A person who broke their arm in the course of their employment with the national health service.

Jump To A Section

  1. Can I Claim For An NHS Staff Accident At Work?
  2. What Accidents Could Lead To An NHS Staff Compensation Claim?
  3. How Much Compensation For An NHS Workplace Accident Claim?
  4. What Evidence Could Help Me Claim For An NHS Staff Injury?
  5. How Can We Help You Claim For An NHS Staff Accident At Work?
  6. Read More About Making An NHS Staff Compensation Claim

Can I Claim For An NHS Staff Accident At Work?

The Health and Safety at Work etc. Act 1974 (HASAWA) places a responsibility on employers to protect their workers. This duty of care means they must take steps that are reasonable and practicable to stop employees from being harmed as they perform their work duties.

Therefore, to have grounds for starting a personal injury claim for a workplace accident, you will need to meet three criteria that define employer negligence:

  • A duty of care was owed to you.
  • This duty was breached.
  • As a direct result of the breach, you suffered some form of physical and/or psychological harm.

To comply with the various duties that are owed to employees, some of the steps that an employer might have to do include:

  • Properly training all staff to perform their duties.
  • Supplying personal protective equipment (PPE) as required.
  • Regularly assessing the work practices and environment and reducing risks where possible.
  • Ensuring equipment is safe, suitable and well maintained for the intended purpose.
  • Making sure the workplace is in a good state of repair.

The NHS employs over 1.5 million people and contains some complex workplaces. Because of this, accidents can easily happen without negligence. Your employer must have breached their duty of care towards you for a valid claim to be possible. So, if you feel confident you meet all three points above, speak to our team about your next potential step.

An NHS staff injury being treated by a doctor who is wrapping a bandage around someone's elbow.

What Accidents Could Lead To An NHS Staff Compensation Claim?

The examples that follow reflect only a few of the ways that a staff accident at work could lead to you seeking compensation. Some typical instances of employer negligence that could result in a claim are as follows:

  • Failing to do a risk assessment can lead to a manual handling injury when staff try to lift something (or someone) too heavy for them.
  • A failure to train staff on how to dispose of sharps correctly leads to needlestick injuries, including contraction of disease and psychological injury. The needle in question is put in the regular bin instead of the sharps bin.
  • Being assaulted in the workplace could leave a member of NHS staff injured if security arrangements were not adequate in a busy A&E, for example.
  • An unattended or unmarked wet floor on a ward can cause slips and falls if not attended to promptly. Senior management noticed the spillage but failed to take any action.

Why not call to discuss your specific NHS staff accident and injury? Or you can email or ask the live chat function a question to discover more.

What Is The NHS Injury Allowance?

The NHS Injury Allowance can provide support to employees who suffer from a temporary or permanent illness, injury or other condition related to their work. This benefits scheme was launched in March 2013. It applies to NHS staff but certain people such as GP practice staff are excluded.

If you are in receipt of the NHS Injury Allowance, you can still claim personal injury compensation for harm caused by negligence. However, the allowance might have an impact on the amount of money you receive for your NHS staff accident at work claim.

How Much Compensation For An NHS Workplace Accident Claim?

Successful claims for NHS staff injuries can consist of two heads of loss. Firstly, amounts for the injuries caused are called general damages.

To obtain the most thorough picture of how badly harmed you were, it may be part of the claims process to sit for an independent medical assessment. A solicitor can help to arrange this for you at a convenient time and place.

Legal practitioners can use medical evidence and publications like the Judicial College Guidelines (JCG) to value claims. This guide provides award bracket amounts according to the type and severity of injuries. To illustrate, we’ve compiled a table, but these are only intended as guidelines. Also, our top entry does not come from the JCG:

Compensation Guidelines

Area of InjurySeverityAward Bracket
Multiple Types of Severe Harm and Special Damages AwardsSevere Up to £1 million+
Head(a) Very Severe £344,150 to £493,000
Head (d) Less Severe £18,700 to £52,550
Knee(a) Severe (i) £85,100 to £117,410
Post-Traumatic Stress Disorder (PTSD) (a) Severe £73,050 to £122,850
Wrist (a) Complete Function Loss£58,710 to £73,050
Neck(b) Moderate (i) £30,500 to £46,970
Shoulder (a) Severe £23,430 to £58,610
Back(b) Moderate (ii) £15,260 to £33,880
Psychiatric Harm(c) Moderate £7,150 to £23,270
Hand(h) Moderate£6,910 to £16,200
Chest (g) Fractures and Soft Tissue InjuriesUp to £4,820

If you have evidence, you might be eligible for compensation for your monetary losses. This head of loss, known as special damages may apply if you have:

  • Paperwork showing an amount for lost wages caused by time off work (both now and predicted in the future).
  • Proof of care costs from professionals, family or friends who looked after you.
  • Travel expenses to essential appointments.
  • Medical bills.

Gathering proof like this is just one way a solicitor can support your claim for NHS employee accident at work compensation. Additionally, the ones on our panel have the expertise to skillfully lead you through each step of the claims procedure. Call to see if they can help you.

A doctor looking at an X-ray of a patient's pelvis.

What Evidence Could Help Me Claim For An NHS Staff Injury?

Should you choose to launch a compensation claim, you will need proof that your injuries were the result of a duty of care that was broken. This can involve any of the following:

  • Photos of the visible injuries and the hazards that created them.
  • Witness contact information so that a supporting statement can be collected later by a solicitor.
  • After your accident, seeking medical attention is always advised. The medical reports or scans such as X-rays can provide important proof for your claim. 
  • Any CCTV recordings that captured the accident.
  • Copies of the workplace accidents logbook entry.
  • A personal record of your treatments and state of mental health.
  • Any receipts and payments incurred dealing with your injuries.

Give our knowledgeable advisors a call for more details on the sort of evidence that can support your claim. There is no obligation to start a claim and they are happy just to offer free information.

How Can We Help You Claim For An NHS Staff Accident At Work?

If you want to start a claim for NHS staff compensation but are worried about how much it will cost to get legal representation, there is a solution.

The personal injury solicitors on our panel can offer eligible claimants a type of No Win No Fee agreement called a Conditional Fee Agreement (CFA) to start their claim, Under these terms:

  • No solicitors fees apply to commence work on your case.
  • No fees apply for their services going forward.
  • A claim that fails requires no payment for completed solicitors’ services.
  • A successful outcome requires a percentage or ‘success fee’ to be taken from the compensation. This percentage is subject to a legal limit and ensures you always benefit the most from your claim.

If this sounds of interest, get in touch with us right now to discover more. No Win No Fee Solicitors could help you start your claim for NHS compensation today. You can:

A solicitor discussing an NHS staff accident at work claim with a client.

Read More About Making An NHS Staff Compensation Claim

You can consider some more guides relevant to making an NHS staff compensation claim:

Further Resources:

Thank you for reading through our guide about how to claim after an NHS staff accident at work. Advisors are standing by to help with any further questions.