How Do NHS Injury At Work Compensation Claims Work?

This guide could help answer questions about receiving NHS injury at work compensation. In Great Britain, the principles of receiving compensation for an accident at work are the same regardless of who your employer is. All employers owe their employees a duty of care.

NHS injury at work compensation

NHS injury at work compensation guide

Our advisors offer free legal advice, so if you have any questions about claiming for an NHS injury at work, please contact us at a time that works for you. They’re available 24/7 and can provide you with a quick and simple compensation estimate. Furthermore, they can put you through to our panel of specialist solicitors who can work your case on a No Win No Fee basis.

Contact us at a time that suits you using the details below.

  • Call us now using 0800 408 7825
  • Contact us through our website
  • Provide details of your injury through our Live Chat window

Read on to learn more about making a personal injury claim for an NHS accident at work.

Select A Section

  1. NHS Injury At Work Compensation Claims
  2. What Accidents Could Happen Working In The NHS?
  3. NHS Staff Back Injuries At Work
  4. Assaults In NHS Workplaces
  5. How To Prove The NHS Is Responsible For Your Injury
  6. Calculating NHS Injury At Work Compensation Claims
  7. Talk To Us About An NHS Injury At Work Compensation Claim
  8. Get Help With Claims Against The NHS

NHS Injury At Work Compensation Claims

Any successful personal injury claim rests on proving the below three principles:

  1. Firstly, the third party has a duty of care towards you.
  2. Secondly, they broke this duty of care.
  3. Finally, this breach of duty actions caused your injury.

If you’ve suffered an injury while you work in the NHS, you may be able to claim for compensation if the injury was caused by employer negligence. This is because every employer in Great Britain has a duty of care, as illustrated in The Health and Safety At Work etc. Act 1974. Employer negligence is when they breach their duty of care, leading to your injury.

Every employer needs to take all reasonably practicable steps to ensure that their employees can carry out their roles without risk of injury. Therefore, if you’ve suffered injury because they’ve failed to do this, you could be entitled to claim.

To learn more about claiming, please read on or call our advisors. They’re available 24/7, have years of experience and can provide answers to any questions or queries about whether you can claim for an NHS injury. Contact them using the details above.

What Accidents Could Happen Working In The NHS?

There are many ways you could suffer injuries during NHS employment. Proving the three principles in the previous section is necessary for receiving NHS accident compensation.

This is because, by proving them, you’ve shown that your injury was wholly or mainly attributable to employer negligence. Furthermore, examples of incidents that could lead to you claiming for an NHS injury include:

  • Injuries caused by faulty equipment. This could cause a minor accident or lead to a serious head injury, for instance.
  • Injuries caused by damaged or faulty facilities that your employer knew (or should have known) about.
  • Trips and falls caused by damaged flooring or hazards.
  • Wet floor accidents. For example, you could slip or trip on a wet floor that was not signposted within a reasonable time.
  • Muscular injuries due to manual handling accidents. Examples of this would include suffering a back injury because you were asked to lift something too heavy.

NHS Staff Back Injuries At Work

Expanding on that final point is important because manual handling accidents can greatly impact your quality of life. With these kinds of injuries, you may be seeking NHS injury at work compensation because you’re unable to return to work. This type of injury can lead to persistent back pain or require complex surgery that could threaten your ability to walk.

The Health and Safety Executive (HSE) provide work-related advice and guidance to help prevent accidents at the workplace. They state that it’s important for your employer to:

  • Provide the right level of training to move objects safely and securely.
  • Not request that you lift an object that is too heavy.
  • Assess the safety of the environment when requesting you to move the object.
  • Provide the correct equipment to help with manual handling, if required. They would also need to ensure that the equipment was of a high enough standard to perform the task safely.

Examples of incidents you may be claiming for include suffering pain to your legs and joints due to moving an MRI machine or injuring your arms because you moved an X-ray machine without being sufficiently trained.

However, as with any injury or illness, whether you can claim compensation depends on if you can prove that negligence was the primary cause. The amount of compensation you could receive depends on the extent and severity of your injury.

For more information on how you could receive NHS injury at work compensation, speak with an advisor today.

Assaults In NHS Workplaces 

In some cases, you might be assaulted as an NHS worker. If this is the case, there are two main channels through which you may be able to claim.

You could make a personal injury claim if your employer’s negligence led to you being injured. For example, they may have asked you to restrain a patient who should have two healthcare workers attending them. If they failed to arrange this and you were injured as a result, you may be able to claim.

In some cases, you could be entitled to claim through the Criminal Injuries Compensation Authority (CICA). In order to do this, the crime would need to be reported to the police. Read our guide on criminal injury claims for more information, or speak with a member of our team to find out more about NHS injury at work compensation.

How To Prove The NHS Is Responsible For Your Injury

Evidence can be crucial to receiving NHS injury at work compensation, as it is with any personal injury claim. The onus is on you as the claimant to prove that negligence led to your injury.

Therefore, evidence that could help you receive compensation includes:

  • CCTV footage
  • Accident report documents
  • Medical scans and notes of your injury
  • Photographic evidence of your injury and the scene of the accident
  • A list of treatments that have been provided for your injury

A personal injury solicitor could help you collect the evidence you need to support your claim. Speak with a member of our team for more information.

Calculating NHS Injury At Work Compensation Claims

There are two potential heads of claim in a personal injury claim. General damages relate to the psychological and physical damage caused by the accident. Special damages relate to the financial losses caused by the injury.

The type of special damages you could claim includes:

  • Loss of earnings
  • Loss of future earnings
  • Travel costs
  • Medical costs, such as nurse fees or private physiotherapy sessions
  • Adjustments to your home caused by the injury

However, please remember that you will need evidence to prove the value of special damages you want to claim. This could include receipts, invoices and bank statements.

Concerning general damages, work from the Judicial College can help give you an indication of what you could receive. They analyse previous payouts, relating them to the extent and severity of the injury. By doing this, they’ve been able to create guideline compensation brackets. The figures they’ve provided us can be seen below.

Injury TypeSeverityCompensation AmountDescription
Post-Traumatic Stress DisorderModerately Severe£21,730 to £56,180In this bracket, significant disabilities for the foreseeable future will result in the injured person struggling to cope with work, life and education. However, better prognosis will be achieved because of professional help that will lead to some recovery.
ChestTraumatic£61,710 to £94,470This bracket is for a traumatic injury to lung(s), chest and/or heart leading to functional impairment, physical disability and permanent damage.
EyeMinor£3,710 to £8,200Cases in this bracket involve minor injuries caused by being exposed to fumes such as smoke as well as being struck in the eye.
NeckModerate£12,900 to £23,460Cases in this bracket include severe disc lesions causing cervical spondylosis and soft tissue injuries that cause serious movement limitation.
BackMinor£7,410 to £11,730This bracket includes less serious disc prolapses, soft tissue injuries, strains and sprains where a full recovery or one that brings the injury to nuisance level only without surgery takes place within two to five years.
ShoulderSerious£11,980 to £18,020Cases in this bracket include shoulder dislocations and shoulder and neck pain caused by damage to the lower part of the brachial plexus.
Injuries to the Pelvis and HipModerate£11,820 to £24,950This bracket can involve procedures like a hip replacement being needed.
ArmSimple£6,190 to £18,020Cases in this bracket include simple forearm fractures.
WristLoss£44,690 to £56,180Injuries in this bracket causes complete loss of function to your wrist.
FingersSevereUp to £34,480This bracket is for severe finger fractures that can cause partial amputations resulting in grip impairment, disturbed sensation and deformity.

For a no-obligation assessment of the amount of NHS injury at work compensation, you could receive, speak with one of our advisors today.

Talk To Us About An NHS Injury At Work Compensation Claim

There are benefits to funding representation for a personal injury claim on a No Win No Fee basis. They include:

  • Not paying your solicitor at any point before your claim starts or while it’s ongoing
  • No fees for you to pay your solicitor if the claim is unsuccessful.
  • Only paying your solicitor in the event that you’re awarded compensation. They will take a small percentage of your compensation to cover their legal costs. This is legally capped.

If you want to know more about receiving NHS injury at work compensation, please refer to our advisors. They’re available 24/7, offer free legal advice and can provide you with a compensation estimate. Additionally, they can state whether you’re eligible to claim on a no-obligation basis.

Furthermore, our panel of specialist solicitors could work your case on a No Win No Fee basis. You could find this method of claiming financially beneficial as it means you only need to pay your solicitor’s legal fees if your claim is successful.

Get in touch using the details below:

  • Call us now using 0800 408 7825
  • Contact us through our website
  • Please provide details of your injury through our Live Chat window

Get Help With Claims Against The NHS

To learn more about making a claim for compensation, please use the links below.

If you’ve broken a bone, read this NHS guidance for medical advice.

The HSE also provides health and safety statistics for Great Britain, which you can find on their website.

Do you want to learn how to report an incident at work? If so, please refer to this guidance.

If you’ve suffered a knee injury at work, read the guidance on our website to see if you can claim.

Read this guide to see if you can claim for an eye injury at work.

You may be asking, “Do I get paid if I get injured at work?” If so, view our guide to learn more.

Contact us today using the details above to learn more about claiming NHS injury at work compensation.

Guide by AU

Publisher ET