The National Health Service (NHS) has various roles within its workforce, from medical professionals to the support staff required for a health service to function, such as housekeeping staff and receptionists. Any of these staff members could suffer an injury while carrying out their work duties, so we look at claiming for NHS staff accidents at work.
While you are at work, your employer must take reasonable steps to prevent work-related injuries. If you suffer an injury because they failed to do so, you might be able to make a compensation claim. In this guide, we look at accident at work claims and the eligibility to make one. We will also look at how compensation could be awarded for successful personal injury claims.
Additionally, you may like to know how experienced personal injury solicitors could help you. This guide concludes with a look at how a specialist workplace accident solicitor can provide their services on a No Win No Fee basis.
Direct any questions you have about personal injury claims for workplace accidents to a member of our advisory team.
Our team is available by:
- Calling 020 8050 2736
- Filling out our claim online form to request a call back.
- Asking about making a workplace accident claim in our live chat.
Select A Section
- How To Claim For NHS Staff Accidents At Work
- What Types Of Accidents Could Lead To An NHS Injury At Work Claim?
- What Evidence Could Help You Claim For An Injury At Work In The NHS?
- How Much Injury At Work Compensation Could You Receive?
- Can A No Win No Fee Solicitor Help You Claim For An Injury At Work?
- Learn More About Claiming For NHS Staff Accidents At Work
How To Claim For NHS Staff Accidents At Work?
The NHS, like any other employer, owes its employees a duty of care while they are working. The Health and Safety at Work etc. Act 1974 (HASAWA) states that your employer must take all reasonably practicable steps to ensure the health, safety and welfare of their employees. If your employer fails to adhere to relevant health and safety laws, you could sustain an injury.
To have good grounds to make a workplace accident claim, you must prove that:
- A duty of care was owed to you by your employer.
- They breached this duty.
- You sustained injuries because of this breach.
In the next section, we look at potential examples of NHS staff accidents at work.
What Types Of Accidents Could Lead To An NHS Injury At Work Claim?
Here we look at how staff injuries at work can happen and what could be the cause of such an incident:
- Slips, trips and fall injuries can be caused by poor housekeeping, such as not having clear policies in place to deal with spillages or trailing wires across walkways.
- Needlestick injuries can be caused by improper disposal of sharps due to not enough appropriate bins, no personal protective equipment provided or no training regarding sharps.
- Manual handling injuries can occur if no training is given to workers who need to move or support loads. A staff member could suffer a back injury due to poor lifting techniques if no manual handling training is provided.
- Faulty equipment injuries. Equipment needed for the job role should be safe to use, undergo required safety checks and be well maintained. Faulty and defective work equipment can lead to injuries such as lacerations, fractures or even amputations.
Common Injuries From An Accident At Work
Accidents at work can cause a variety of injuries, from minor injuries to a serious work injury, including:
- Brain injury.
- Broken bones.
- Soft tissue injury.
- Back injury.
- Shoulder injury.
If employer negligence caused your injury, you might have valid grounds to claim compensation. Contact our advisors to find out more.
What Evidence Could Help You Claim For An Injury At Work In The NHS?
As with all personal injury claims, you will need to submit sufficient evidence in support of your accident at work claim. This will need to prove liability for the injury sustained.
Examples of evidence that could support an injury at work claim include:
- Accident book. It is a legal requirement for any workplace with 10 or more staff members to have an accident book. This should be filled in with your name, the time and date and relevant details of the incident.
- Accident videos. For example, if you sustained injuries in a slip and fall in a public corridor in the hospital where you work, you could request CCTV footage of yourself.
- Medical reports. If you had medical treatment for your injuries, you can submit a copy of your medical records. Your medical records should contain information regarding the injury you suffered.
- Contact information of witnesses. You can make a note of witness contact details if anyone saw what happened. They can give a witness statement later into the claims process.
Speak to a team member if you need any further advice about what evidence could support your personal injury claim.
How Much Injury At Work Compensation Could You Receive?
If you make a successful claim for an injury at work, your compensation could consist of two parts. These are:
- General damages are awarded to compensate for the physical pain and mental effects. Those responsible for valuing claims may refer to the compensation brackets found in the Judicial College Guidelines (JCG) to help them.
- Special damages are awarded to compensate for out-of-pocket expenses caused by your injury. You can claim for your loss of earnings, medical costs, home help or any other item that you require as a result of your injury at work. To include special damages, you will need to submit proof of your expenses, such as wage slips showing your lost earnings and invoices.
In our table below, we provide figures for a few injuries that could be relevant to an accident at work. These figures are from the 16th edition of the JCG, except for the first entry. As all personal injury claims are different, this table is only to be used as a guide.
| Injury | Severity | Notes | Compensation Guideline |
|---|---|---|---|
| Multiple Severe Injuries and Special Damages | Very Severe | Settlements could compensate for multiple serious injuries and related expenses including lost wages and care costs. | Up to £500,000+ |
| Brain Damage | Very Severe | Injured persons suffer severe cognitive and physical disabilities that require full-time nursing care. | £282,010 to £403,990 |
| Leg Injuries | Amputations (ii) | The claimant required below-knee amputations of both legs. | £201,490 to £270,100 |
| Leg Injuries | Severe (ii) | These are very serious injuries that result in permanent mobility problems. | £54,830 to £87,890 |
| Back Injuries | Severe (i) | The injured person suffers severe pain and disability along with a combination of impairments to their bladder, bowel and sexual function and incomplete paralysis. | £91,090 to £160,980 |
| Back Injuries | Moderate (ii) | Injuries found in this bracket include backache caused by muscle and ligament disturbance and soft tissue injuries causing an acceleration or exacerbation of a pre-existing condition. | £12,510 to £27,760 |
| Foot Injuries | Very Severe | Injuries cause permanent severe pain or a really serious permanent disability, including traumatic forefoot amputation or loss of a substantial portion of the heel. | £83,960 to £109,650 |
| Knee Injuries | Severe (ii) | This bracket includes leg fractures that have extended into the knee joint resulting in constant, permanent pain, movement limitations and impaired agility. | £52,120 to £69,730 |
| Arm Injuries | Less Severe | The claimant has experienced or is expected to experience a substantial degree of recovery following significant disabilities. | £19,200 to £39,170 |
| Shoulder Injuries | Serious | Injured parties suffer pain in the shoulder and neck, aching elbow, sensory symptoms through forearm and hand and restricted movement from shoulder dislocation and lower brachial plexus damage. | £12,770 to £19,200 |
To gain a clearer understanding of the eligibility to claim for NHS staff accidents at work, speak to a member of our advisory team.
Can A No Win No Fee Solicitor Help You Claim For An Injury At Work?
If you are eligible to make a compensation claim for a workplace injury, you may want legal representation during the personal injury claims process. One of the solicitors from our panel could support your claim for personal injury compensation. Generally, our panel provide their No Win No Fee services under a Conditional Fee Agreement (CFA).
This means that your personal injury solicitor:
- Won’t collect an upfront fee for their work on your claim.
- Doesn’t ask for ongoing payments.
- Will not collect fees for their services if your claim fails.
- Only collects a success fee is your claim succeeds. This amount is a legally limited percentage taken from your award.
One of our advisors can help answer any questions you have about personal injury claims, including for members of NHS staff. Accidents at work compensation cases have specific eligibility requirements, but if you meet the criteria to claim, an advisor can connect you with one of the solicitors from our panel.
To talk about accident at work compensation:
- Call 020 8050 2736
- Request a call back with our claim online form.
- Ask how a No Win No Fee solicitor can help you in our live chat.
Learn More About Claiming For NHS Staff Accidents At Work
Further guides about personal injury claims:
- Guidance on claiming for a psychological injury at work.
- Information on making a claim for a burn injury and the eligibility requirements.
- Details on what to do if you are injured in a fall from a height and want to claim compensation.
A few websites that might help you:
- Details about health and safety for workers from the Health and Safety Executive (HSE).
- Information about claiming statutory sick pay (SSP) from the government.
- Employer and employee guidance about Health and Safety (Sharp Instruments in Healthcare) Regulations 2013 from the HSE.
Direct further questions about claiming for NHS staff accidents at work to a team member.