According to a Freedom of Information (FOI) request, the number of claims and incidents within the National Health Service, and therefore the total NHS staff compensation payouts, have been on the rise in recent years. So, we have collated some headline figures to give you more guidance on what compensation has been paid out for accident at work claims in the last 5 years and explain how these figures may be determined. These figures cover 2019/20 through to 2023/24.
Key Takeaways
- NHS staff have the same rights to a safe working environment as anyone else.
- Types of claim, compensation totals, as well as the trusts with the highest numbers of claims have all been included below.
- NHS staff could also be entitled to compensation if assaulted by a patient, which we look at towards the end of this guide.
- Accident at work compensation will consider the physical and emotional injuries as well as any financial losses that have been incurred.
- Our panel of expert solicitors can offer to take on your case under a very desirable No Win No Fee contract if you meet the eligibility requirements.
To speak to one of our advisors and ask any questions or get your free eligibility check, use any of the contact details given here. Our team is available 24 hours a day, so whatever time you choose to get in touch, we’ll have somebody on hand. Talk to us today by:
- Calling us on 0800 073 8803.
- You can also contact us online by completing this form.
- Or, you can open the live chat window on your screen now.
Jump To A Section
- How Much Did The NHS Pay Out In Staff Compensation?
- Most Common Types Of Injury Claims Made By NHS Staff
- What NHS Trusts Had The Most Claims Made By Staff?
- The Average NHS Staff Compensation Payouts Awarded
- Can NHS Staff Injury Compensation Cover Other Damages?
- Understanding The NHS Injury Allowance
- Can I Claim For An NHS Injury At Work Compensation?
- What Accidents Could Lead To An Injury At Work NHS Claim?
- Why Choose Public Interest Lawyers For An NHS Staff Injury Claim?
- No Win No Fee Claims For NHS Staff Compensation Payouts
- More Information
How Much Did The NHS Pay Out In Staff Compensation?
The NHS paid out £102,491,573 in staff compensation over the last 5 years to the FOI. Payouts for orthopaedic injury claims represented the clear majority of this figure, with compensation in the same period totalling £69,000,341. Psychiatric damage claims resulted in the next highest compensation total, with the amount paid out totalling £13,950,155 in the last 5 years. This was closely followed by £10,747,326 for head injuries.
You can enquire further regarding NHS staff compensation payouts by speaking to our advisors today.
Most Common Types Of Injury Claims Made By NHS Staff
The common types of injury claims made by NHS staff are orthopaedic injury claims, with 1,383 claims made in the last year (2023/24). This represents by far the most common type of injury, with the next most prevalent being head injuries and then facial injuries.
We have summarised the data collected by the FOI below:
- Over the last few years, orthopaedic injuries were the most common by some distance, with 1,382 incidents in 2022/23, 1,411 in 2021/22 and 1,226 in 2020/21.
- Head injuries were the second most common injury type, with cases totalling 155 across the NHS in 2023/24.
- This was closely followed by facial injuries, totalling 131 cases in 2023/24.
- Slip or trip incidents represented the largest cause of injury within the last 5 years. There have been 2,686 slip and trip accidents across the NHS since 2019/20.
- Assaults on staff were the second highest cause of injury since 2020, with claims for 2,274 incidents made in the last 5 years.
If you would like to know about making a potential claim for your specific injury, speak to a member of our advisory team via the details given below.
What NHS Trusts Had The Most Claims Made By Staff?
The University Hospitals Birmingham NHS Foundation Trust at the most claims made by staff, totalling 150. Below we have set out the top 10 trusts for staff claims in England:
- University Hospitals Birmingham NHS Foundation Trust – 150 claims
- Manchester University NHS Foundation Trust – 118 claims
- Mersey Care NHS Foundation Trust – 113 claims
- Nottingham University Hospitals NHS Trust – 110 claims
- Sandwell & West Birmingham Hospitals NHS Trust – 106 claims
- Liverpool University Hospitals NHS Foundation Trust – 106 claims
- Northern Care Alliance NHS Foundation Trust – 105 claims
- Yorkshire Ambulance Service NHS Trust – 103 claims
- Sheffield Teaching Hospitals NHS Foundation Trust – 85 claims
- Wirral University Teaching Hospital NHS Foundation Trust – 84 claims
If you have further questions, why not speak to one of our friendly advisors? Talk to an advisor today using the contact information at the bottom of this page.
The Average NHS Staff Compensation Payouts Awarded
To work out the average NHS staff compensation payouts awarded, we would need to add up all the damages paid, which comes to £102,491,573. From here, we need to consider the number of settled claims, which was 6,057. This gives us an average total of £16,921.
Compensation payouts for NHS staff injuries can be made for two different heads of claim:
- General damages cover physical and psychological distress.
- Special damages cover financial harm. We’ll examine the process of claiming costs in greater detail in the next section.
When looking to determine a potential compensation figure, our solicitors can look at your medical evidence in conjunction with the Judicial College Guidelines (JCG). This is a publication used by legal professionals to help value potential claims, containing guideline compensation brackets for orthopaedic, internal, cosmetic and central nervous system (CNS) injuries.
We have used a number of these brackets in this table. Please be aware that the top entry does not use a JCG figure.
Compensation Table
Please be aware that this table is intended to serve as guidance only.
| Type of Injury | Severity | Guideline Payout Amount |
|---|---|---|
| Multiple Very Severe Injuries + Special Damages | Very severe injuries along with multiple related expenses including lost wages, home modifications and nursing care | Up to £1,000,000 + |
| Injuries Involving Brain Damage | Moderate (ii) - Moderate to Modest Intellectual Deficit | £110,720 to £183,190 |
| Moderate (iii) - Memory and Concentration Affected | £52,550 to £110,720 | |
| Other Arm Injuries | Severe Injuries (a) - Little Difference from Amputation | £117,360 to £159,770 |
| Injuries Resulting in Permanent and Substantial Disablement (b) | £47,810 to £73,050 | |
| Neck Injuries | Severe (a)(iii) - Fractures and Soft Tissue Injuries leading to Chronic Conditions | £55,500 to £68,330 |
| Moderate (b)(i) - Severe Immediate Symptoms | £30,500 to £46,970 | |
| Back Injuries | Moderate (b)(ii) - Acceleration or Exacerbation of Existing Conditions | £15,260 to £33,880 |
| Dermatitis and Skin Conditions | Injury to Both Hands, Potentially Permanent (a) | £16,770 to £23,430 |
| Injury to One hand, Resolved with Treatment (b) | £10,550 to £13,930 |
Can NHS Staff Injury Compensation Cover Other Damages?
Yes, NHS staff injury compensation can also cover financial losses. As we said above, this head of claim is called special damages. Special damages covers both past and future losses, which means it is very common to see payouts that are significantly higher than general damages.
Examples of these costs can include:
- Loss of earnings due to time taken from work to recover.
- Any future loss of earnings if you can no longer work to the same level, or can’t work at all.
- Medical expenses that need to be paid out of pocket such as prescriptions, physiotherapy, counselling and private treatment.
- Domestic care and support if daily tasks cannot be carried out safely. This could include childcare, DIY tasks, preparing meals or cleaning yourself.
- Home adaptations if your mobility has been impacted.
Make sure you keep hold of any documentation that proves what costs have been incurred. This could include your payslips, purchase receipts and bills for care.
You can get a more personalised idea of what compensation you could be entitled to by speaking to our advisors today.
Understanding The NHS Injury Allowance
The NHS Injury Allowance Scheme was set up in 2013 to provide further support to NHS staff who are off work due to illness and injuries. The scheme tops up your sick pay or reduced earnings up to 85% of your normal pay for up to 12 months.
The following criteria need to be satisfied in order to make a claim:
- You are an employee of the NHS per the NHS terms and conditions of service, or your contract stipulates provision for the allowance.
- You experienced an accident, or became ill that was wholly or mainly attributable to your employment in the NHS. So you cannot claim the allowance for a car accident or illness contracted while on holiday.
- The claimant is either on authorised sick leave, or currently on a phased return to work at reduced hours.
- Any earnings have fallen below 85% of your normal pay due to injury or ill health.
You can learn more about the allowance by speaking to our advisors. Talk to our team today to enquire further, as well as to get a free eligibility check for your potential claim.
Can I Claim For An NHS Injury At Work Compensation?
Yes, you can. The NHS, as an employer, is required to take reasonable steps to ensure the safety of all workers under the Health and Safety at Work etc Act 1974. What amounts to reasonable will depend on the particular role but the Health and Safety Executive (HSE), Britain’s national regulator for workplace health and safety, offers guidance on risk assessments, when and how to provide training and preventing slip and trip incidents.
What Accidents Could Lead To An Injury At Work NHS Claim?
A number of accidents including slips and falls, manual handling accidents and burns can all lead to an injury at work NHS claim. Below, we have given a few example scenarios of how an accident could occur in an NHS hospital:
- You experienced an injury to your arm due a lack of manual handling training. While moving bed linen from the ward to the laundry room, you attempted to lift a laundry crate that was too heavy and should have been carried by two people.
- Inadequate lighting in a stairwell resulted in you tripping and falling down the steps, hitting your head on the railings.
- You were not given the correct personal protective equipment to handle various cleaning chemicals. A chemical spill caused serious burns to your hands.
These examples are intended as guidance on how an employer could fail to meet their duty of care. To learn more about claiming in your specific circumstances, contact our advisors today via the details given below.
What If I Am Assaulted By A Patient?
There are 3 ways an assault at work claim could be made if you were attacked by a patient:
- Directly against the patient themselves: often not the most viable option as the patient is unlikely to have the money to pay compensation.
- Against the hospital or clinic: vicarious liability means an organisation was responsible for the assault, despite not directly committing it. So, if the hospital knew a patient was dangerous and did not take adequate steps to protect you, they could be liable for the assault.
- Through the Criminal Injuries Compensation Authority (CICA): if other options are exhausted, you could claim through the CICA as the victim of a violent crime.
In order to claim through the CICA, you need to show that you suffered injuries that they compensate for, that the crime occurred in Great Britain or another relevant place and that this crime was reported to the police.
You can get your free eligiblity check today by speaking to our advisors using the details given below.
Why Choose Public Interest Lawyers For An NHS Staff Injury Claim?
Using us for an NHS staff injury claim will give you access to some of the most knowledgeable and experienced solicitors in the country. Everyone at Public Interest Lawyers values your contribution to the NHS enormously and firmly believes in your right to a safe and secure working environment. Here are just some of the ways we can support your claim for NHS injury at work compensation throughout the claims process:
- Helping you to collect the right evidence in order to demonstrate the hospital or clinic was at fault for your injuries.
- Getting you the required medical care and other support.
- Working out a compensation figure that takes into consideration the injuries you have sustained, the costs incurred and impacts on your daily life after being involved in a workplace accident can have.
- Keeping you informed of how the claim is moving forward and explaining all the technical aspects of the NHS staff injury compensation process.
- Negotiating with NHS Resolution to reach a fair settlement.
To find out more about claiming NHS staff compensation payouts with Public Interest Lawyers, and all the things we can do to support you throughout the process, get in touch with our advisors today.
No Win No Fee Claims For NHS Staff Compensation Payouts
Using a No Win No Fee solicitor when claiming NHS staff compensation payouts is most definitely the way to go and the type of agreement on offer from the solicitors here at Public Interest Lawyers has clear benefits. Our accident at work experts work under what is called a Conditional Fee Agreement or “CFA.” This contract prohibits the charging of any upfront service fees by the solicitor, as well as during the actual claim. As the term No Win No Fee would imply, you’re also protected from these fees if the claim is lost.
Per the terms of this contract, a success fee will be charged in the event the claim is won. There is a legally binding cap on the percentage that may be charged for this fee so you will be in the strongest possible position when you choose to claim under a CFA with a solicitor from Public Interest Lawyers.
The advice team at Public Interest Lawyers can help you make an NHS workplace accident claim by offering a free, zero obligation assessment of your eligiblity to claim. A solicitor from our dedicated panel could then take on the case.
The solicitors we work with have decades of experience across multiple areas of law so we are confident we’ll have the right lawyer for you. They understand that each claim will have its own facts and features that make it distinct from others like it and therefore provide a service that is as unique as your circumstances.
Here are just some of the services the solicitors on our panel can provide:
- Accurately valuing your damages, which will consider all harm you have suffered: physical, mental and financial.
- Get you the right medical care and rehabilitative services.
- Helping you gather supporting evidence.
- Providing updates on the progress of your case.
- Explaining any technical jargon.
- Negotiating a final settlement on your behalf.
Our panel can offer eligible claimants some highly advantageous terms under a No Win No Fee contract called a Conditional Fee Agreement. Known as a CFA, this contract protects claimants from solicitor fees both at the beginning of, and during the claim. There will also be no such fees if the claim is lost.
A success fee is, however, taken if the claim is won. The percentage that can be charged by a solicitor as their success fee is capped to 25% by The Conditional Fee Agreements Order 2013, meaning the majority of the payout will be yours to keep.
Contact Our Team Of Advisors
Our advisors can provide more information on NHS staff compensation payouts and assess your own eligibility for free. Talk to an advisor today via the details provided here:
- Calling us on 0800 073 8803.
- You can also contact us online by completing this form.
- Or, you can open the live chat window on your screen now.
More Information
Read some more of our accident at work claim guides here:
- Personal injury claims can also be made for psychological harm, so view our guide to making a claim for depression here.
- Learn more about making a serious accident at work claim with an expert from our solicitors.
- Read this guide to claiming after a change in duties caused an accident.
We have also included these additional resources for more information:
- See the HSE guidance on occupational health here.
- Find out how to access your GP health record from the NHS.
- Check what benefits and financial support you could be entitled to if you are temporarily unable to work.
To learn more about NHS staff compensation payouts, or to enquire further about what a claim in your particular circumstances could be worth, get in touch with our team today. Our advisors are available 24 hours a day, so we always have someone on hand to take your call.