If you have suffered an NHS staff accident while working that led to an injury caused through negligence then you may be wondering could you potentially make an accident at work claim? Have you suffered an illness, been physically injured or even been assaulted in the workplace? Then this guide may have information that you need.
Can You Claim For An NHS Staff Accident?
Continue reading to find out more about making a claim for an accident in the workplace. Or for answers to all your questions talk to someone directly about making a claim, you can contact our team of expert advisors using one of the methods below. They can connect you with a solicitor from our panel if they think your claim could succeed.
- Use our live chat
- Fill out our online contact form
- Call us on 0800 408 7825
Select A Section
- When Could You Make A Workplace Accident Claim Against The NHS?
- What Could Be An NHS Staff Accident?
- The NHS Duty Of Care To Employees
- Steps To Take If You Were Injured Working For The NHS
- Accident At Work Claims Calculator
- Talk To Us About No Win No Fee Claims For An NHS Staff Accident
When Could You Make A Workplace Accident Claim Against The NHS?
You could potentially make a workplace accident claim following an accident that was caused because the duty of care you are owed as an employee was breached. You will need to have suffered some kind of harm caused by this negligence in order to hold a valid claim.
The Health and Safety At Work etc Act 1974 is the key legislation that applies a duty of care to all employers to provide as safe as can be reasonably expected workplace for their employees to conduct their work duties. If this health and safety legislation is not adhered to employees can be harmed and employers liable.
If you are unsure as to whether the injury you sustained at work means you are eligible to make a personal injury claim against your emplpoyer why not call our team. Your case along with any evidence you have gathered can be assessed. Our expert advisors will tell you within minutes whether your case is valid and how best to proceed.
What Could Be An NHS Staff Accident?
Workplace accidents can vary dramatically. Not all accidents and injuries will mean an employee could make a valid accident at work claim. Below we have looked at scenarios where injuries could occur in a workplace;
- Manual handling – if an employer does not provide the correct training, you could injure yourself by carrying awkward or bulky loads.
- Equipment injuries – equipment should be maintained correctly so employees are not injured by defective apparatus.
- Needlestick injuries – used needles can potentially carry infections or diseases that could cause you harm. It is vital that employees are trained on how to dispose of these correctly.
- Exposure to hazardous substances – if your employer does not provide you with appropriate PPE, you could potentially be at risk of being in contact with hazardous substances.
- Trips, slips and falls – this could occur in many ways, e.g. if a floor was improperly cleaned and left slippy.
However, this list is not extensive. Contact us for further details.
Workplace Health And Safety Statistics
The Health and Safety Executive provides helpful statistics on workplace accidents. According to these statistics from the Labour Force Survey, an estimated 1.7 million employees in Great Britain reported suffering from a work-related illness in 2020/21, and 441,000 workers reported sustaining a non-fatal injury in the workplace.
These statistics are on all workplaces within Great Britain at present there were no figures relating to the healthcare sector alone.
However, the graph below shows the types of accidents experienced by workers in the public administration and defence, compulsory social security, education, and human health and social work industries. Employers reported these accidents to the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR).
Public Sector Accident Graph
The NHS Duty Of Care To Employees
As an employer, the NHS has a duty of care towards all its employees under the Health and Safety at Work etc. Act 1974. This means they must take all reasonably practicable steps to ensure employee safety. This could include:
- Providing training
- Providing PPE
- Risk assessing the environment
If your employer has taken all reasonably practicable steps to keep you safe at work, you would not be able to claim after an NHS staff accident. Your employer must have breached this duty of care for you to make a valid workplace accident claim.
Steps To Take If You Were Injured Working For The NHS
After any workplace injury, it is always recommended you seek immediate medical attention to ensure your recovery.
If your accident was caused because there had been a breach in the duty of care owed to you, you may be considering making a claim. So, once you have received medical help, you can consider gathering evidence to help support your case.
If you choose to use the help of a solicitor, they can help you figure out what evidence will work the best for your specific case. Some examples of evidence types could include:
- Medical records
- Photographs
- Witness details so they can provide a statement
- CCTV footage
- Workplace accident logbook records
For more information on the types of evidence that could help you prove your case call our expert advisors. They will be able to tell you where to begin when gathering the evidence required for your case. Their advice is free and there is no obligation to use our services.
Accident At Work Claims Calculator
If you make a successful personal injury claim for an accident in the workplace your settlement can be made up of two main heads of claim; general damages – compensate you for the suffering you may have experienced due to your injury and special damages – for the financial losses experienced.
Legal professionals use figures from the Judicial College Guidelines to help value claims. We have included these compensation brackets in the table below. Please note these are just for general damages.
You will attend an independent medical appointment for a full evaluation. A medical professional will assess the severity of your injuries and how they will impact your future. Their finding will be compiled in a medical report so it can be used to value your injuries.
| Injury | Severity | Amount | Notes |
|---|---|---|---|
| Finger | (K) | £13,970 to £15,330 | Serious injury to the ring or middle fingers. This could include fractures or tendon injuries that cause deformity, stiffness and permanent loss of grip. |
| Neck | Severe | In the region of £139,210 | The injury will be associated with incomplete paraplegia or will result in permanent spastic quadriparesis. The claimant, despite wearing a collar for many years, will still have little to no neck movement and suffer severe headaches. |
| Leg | Severe (ii) | £51,460 to £85,600 | Serious multiple fractures, lengthy recovery, extensive treatment, and have led to serious deformity. |
| Chest | (C) | £29,380 to £51,460 | Damage to the lung(s) and chest which causes a continuous disability. |
| Bowels | (C) | In the region of £75,000 | Passive incontinence and faecal urgency that persists post-surgery and causes embarrassment and distress. |
| Hand | Moderate | £5,260 to £12,460 | Crush injuries, soft tissue injuries, deep lacerations and penetrating wounds. |
| Back | Minor (iii) | Up to £2,300 | Where a full recovery is made within 3 months. |
| Teeth | (i) | £8,200 to £10,710 | Serious damage or loss of several front teeth. |
| Psychiatric Damage Generally | Moderate | £5,500 to £17,900 | There will have been issues with relationships, work, education and daily activities but the prognosis for recovery will be optimistic and the claimant will have improved by trial. |
| Pelvis & Hips | Severe (i) | £73,580 to £122,860 | Complex fractures of the pelvis including dislocation of a low back joint and a ruptured bladder. |
Some examples of special damages include:
- Lost wages
- The cost of extraneous care
- Travel expenses
You can also claim compensation for future losses if you can prove they are directly related to your injury. You could provide payslips or bank statements as evidence.
Talk To Us About No Win No Fee Claims For An NHS Staff Accident
If you’ve been involved in a workplace accident and want to make a claim, you may be concerned about the costs of hiring legal representation. A solicitor could offer you a No Win No Fee agreement as a way to fund their work.
In a No Win No Fee agreement, you do not pay your solicitor unless your claim is successful.
If your claim is successful, you only pay your solicitor in the form of a legally capped success fee. The legal cap is intended to benefit you, as it means your solicitor cannot overcharge you.
If you want to know more about No Win No Fee, contact us today.
Have you suffered an NHS staff accident that was not your fault? Our expert advisors can offer free legal guidance and potentially connect you with an expert solicitor from our panel.
- Use our live chat
- Fill out our online contact form
- Call us on 0800 408 7825
Further Resources
We have almost completed this guide looking at steps you could potentially take should an NHS staff accident occur and what your rights may be. For further helpful resources, please see below.
How to Start a Broken Leg at Work Claim – Learn how to claim if you’ve broken your leg in an accident at work.
Getting Signed Off Work for a Workplace Injury – Read our guide to find if you could get signed off work following a workplace injury.
What Are Typical Payouts for Personal Injury in the UK? – Find out more about typical payout amounts from our extensive guide.
Managing Risks and Risk Assessment at Work – HSE guidance on risk assessments in the workplace.
Limitation Act 1980 – This legislation determines the time limits in which you must start a claim.
Statutory Sick Pay – Find out how to claim SSP if you’ve had to take time away from work.
Please get in touch with any further queries relating to this guide on potential steps to take if involved in an NHS staff accident that was not your fault.