If you have been injured whilst working for the NHS, you might be wondering how a compensation claim for damages might work. Injuries can be very frustrating to deal with, having a large impact not only on your day-to-day living but also potentially on your ability to earn wages or income. This guide will cover all aspects of an NHS injury at work compensation claim.
Fortunately, there are lots of rules and regulations that the NHS must legally uphold as your employer, and this can include things like conducting risk assessments, providing training and keeping the workplace in a good state of repair. If they fail to uphold these duties or are negligent in some way, an accident at work could happen, and you could make a personal injury claim for compensation. How this compensation is calculated will be covered in this guide, and we also cover how a No Win No Fee solicitor from our panel could help you with your claim.
At any point, you can contact us to discuss how to begin your case.
- Contact us by calling 0800 408 7825.
- Send a message using our ‘contact us’ page.
- Message us using our live advice chat.
Browse Our Guide
- Can I Claim For An NHS Staff Injury?
- What Types Of Accidents Could Lead To NHS Injury At Work Compensation?
- What Evidence Can Help Me Claim For An NHS Accident At Work?
- How Much NHS Injury At Work Compensation Could I Receive?
- Why Claim For An NHS Workplace Accident On A No Win No Fee Basis?
- Read More About Accident At Work Claims
Can I Claim For An NHS Staff Injury?
Whether as a direct employee, contractor or temporary worker, if you work for the NHS (or any other employer in this country), you are owed a duty of care. Under The Health and Safety at Work etc. Act 1974, employers must take reasonable steps to make sure that their workplace, as well as any facilities and equipment, are safe to use. They should take reasonable steps to prevent workers from being injured.
Employers could take steps such as:
- Regularly carrying out risk assessments.
- Maintain equipment and facilities.
- Giving workers the necessary training to carry out their duties.
- Providing personal protective equipment (PPE).
***In order to claim for an NHS staff accident, you need to show that:
- You were owed a duty of care by your employer at the time of the accident.
- That this duty of care was breached, for example, a failure to provide the correct training and PPE, leading to a needlestick injury.
- That you suffered an injury because your employer had acted negligently.
To find out if you could make a claim for NHS injury at work compensation, call our advisors now, and through a free consultation, they can tell you if you have a valid case.
What Types Of Accidents Could Lead To NHS Injury At Work Compensation?
As with any workplace, there are a variety of different ways in which you could suffer a work-related injury in the NHS. Below, we will look at some examples of how negligence could lead to an NHS staff injury.
- Walkways, corridors, and outside areas should be well maintained and free from trip or slip hazards. If damaged or broken flooring is not repaired or clearly signalled, a worker could slip or fall over and hurt their back.
- Workers could suffer manual handling injuries due to a lack of training if they are asked to move patients and they do not know how to do so safely.
- Your hand or finger may be slammed in a door at work if a door is defective in some way.
- Poor lighting on a stairway could mean that you are unable to safely navigate the staircase, leading you to trip and fall.
- Proper PPE should be provided if you are using and handling dangerous chemicals. If your employer did not issue you with the right PPE, you could suffer a chemical burn injury at work.
How Many Workplace Accidents Are Reported In Healthcare?
Here, we look at rates of injuries in the healthcare sector, which also includes social work and residential care. These statistics cover the industry as a whole and should not be solely attributed to the NHS. However, these injuries are reported under the Reporting of Injuries Diseases Dangerous Occurrences Regulations 2013 (RIDDOR). This covers the reporting of certain injuries. The NHS state that in the year 2022/2023 they had no reportable injuries under RIDDOR.
The HSE is the Health and Safety Executive, which is the watchdog for health and safety in the workplace. They state in their HSE statistics that In total, in 2022/2023, there were 10,834 non-fatal injuries in the sector, and their breakdown is illustrated in this chart:
You can learn more about health and safety in the NHS working environment in this NHS annual report. Find out if you could claim for injury at work compensation by contacting our advisors today.
What Evidence Can Help Me Claim For An NHS Accident At Work?
One of the most important parts of the accident at work claim process is gathering sufficient evidence to show that your employer was at fault. Whether you are claiming an injury at work in the NHS or any other workplace, you need to clearly show that your employer acted negligently and that this caused your injuries.
You could provide the following types of evidence:
- Workplace accident report forms. If you were injured in an NHS workplace accident, it should have been recorded in the accident report book or log. You can request a copy of this to submit as part of your case.
- A copy of your medical records. These records will contain details the injury you sustained, your treatment and your overall prognosis for recovery. They may also include an account of the accident circumstances.
- Invoices and bank statements. These records can help to prove any loss of earnings or any costs you have had to meet.
- Witness details. Another employee, patient or visitor may have seen the cause of the accident or the accident take place.
- Photo or video records. Your accident may have been recorded on workplace CCTV or you may have been able to take photographs of the scene of the accident.
Contact our team if you have suffered an NHS injury at work. Our advisors are on hand to help evaluate your claim.
How Much NHS Injury At Work Compensation Could I Receive?
In this section we look at how NHS staff compensation payouts may be calculated in a personal injury claim. If you can prove that your employer was at fault and they are held liable, you may be awarded two heads of damages. These are general damages which compensate for pain and suffering caused by the accident and special damages that compensate you for the financial impact of your injuries.
When estimating how much you may be eligible to claim in general damages, your solicitor may consult the Judicial College guidelines (JCG). These are guideline compensation brackets for different types of harm.
In the table below, we have included an illustration of what you could be awarded for general and special damages. Please note that the top line figure does not come from the JCG. Rows 2 – 10 cover general damages only and use figures from the JCG.
| Type Of Injury | Severity | Compensation Guidelines |
|---|---|---|
| Multiple injuries and special damages. | Serious up to severe | Up to £1,000,000+ including special damages. |
| Brain damage | (a) very severe | £344,150 to £493,000 |
| Injuries to sight | (b) total blindness | Around £327,940 |
| Leg Injury | (b) severe (i) | £117,460 to £165,860 |
| Pelvic injury | (a) severe (i) | £95,680 to £159,770 |
| Knee injury | (a) severe (i) | £85,100 to £117,410 |
| Hand injury | (b) serious damage to both of the hands | £68,070 to £103,200 |
| Elbow injury | (a) severely disabling | £47,810 to £66,920 |
| Wrist injury | (b) causing permanent damage | £29,900 to £47,810 |
Special damages you could claim compensation for include:
- Medical expenses.
- Loss of earnings.
- Travel costs.
- Home adaptations.
- Other financial losses.
What Is The NHS Injury Allowance?
Separate from personal injury claims for general and special damages, you may be eligible for funds from the NHS Injury Benefits Scheme. This scheme may provide you with an annual income if you are an NHS employee who was injured or who contracted a disease which is mainly or wholly attributed to your NHS duties or employment.
You may be eligible for either:
- Permanent Injury Benefit (PIB) if you permanently lose your ability to earn money.
- Temporary Injury Allowance (TIA) if you temporarily lost your ability to earn.
For more information on NHS staff compensation payouts, please contact us.
Why Claim For An NHS Workplace Accident On A No Win No Fee Basis?
We work with a panel of No Win No Fee solicitors. They could work on your case through a Conditional Fee Agreement (CFA). Using a CFA, you could claim for NHS injury at work compensation without having to make any payments for your solicitor’s work unless and until your claim is successful. If you aren’t awarded compensation, there is nothing to pay for their fees.
If your claim is successful, your solicitor will charge a success fee. There is a legal limit on how much (as a percentage of your compensation) this fee may be.
Very often employees in public sector positions are members of a trade union. If this is the case they are very often provided with legal representation, to find out more please contact our advisors.
Make an enquiry today about claiming NHS injury at work compensation.
- Call an advisor 0800 408 7825.
- Message us on our ‘contact us’ page.
- Use our live advice chat.
Read More About Accident At Work Claims
Below, we have included further information on making a workplace accident claim.
- In this guide, we look at how to make a claim following a serious accident at work.
- Here, you can find out if you will get full pay if you are injured at work.
- Employees can still claim if they have been injured in an accident at work, even if they were a part-time staff member.
Finally, we have included further helpful resources:
- You can find out more about the NHS health and safety policy in this resource.
- Learn more about health and safety risks in the health services in this resource.
- This NHS resource looks in more detail at staying safe and healthy at work.
To see if you can claim NHS injury at work compensation, contact us for free using the above details.