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Emergency Service Worker Injury On Duty Compensation Claims

By Cat Way. Last Updated 21st June 2023. The emergency services are there to keep the public safe and to provide support when things go wrong. In this article, we’re going to look at when claiming for injury on duty compensation might be possible. We’ll explain who you could claim against, why you might be entitled to claim and what level of compensation might be payable.

Emergency service worker injury on duty compensation claims guide

Emergency service worker injury on duty compensation claims guide

Legal Expert could help you if you’re an emergency service worker who’s looking to claim. We will happily assess your case and give free legal advice on your options. Should your claim have good grounds, we could also connect you with one of our personal injury lawyers. Importantly, if they agree to work for you, it will be on a No Win No Fee basis.

To begin your claim right away, please call us on 0800 073 8804. Otherwise, please read on to find out more about emergency service worker accident at work claims.

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When Could An Emergency Services Worker Claim For An Injury On Duty?

There is probably no workplace or role that is completely safe and free from risk. However, those who work in the fire service, ambulance service or police force are potentially in danger on every job they attend. As is the case with generally all employers, their employers owe them a duty of care regarding their wellbeing whilst at work in accordance with the Health and Safety at Work etc Act 1974.

Not every accident at work that causes an employee to be injured will mean they could be eligible to make a compensation claim. It must be proven through evidence that your employer failed in their regard to keep you as safe as reasonably possible.

Below is a safety list that could be carried out to ensure employees are safe;

  • Risk assess the job and workplace
  • Provide adequate safety equipment.
  • Train you properly.
  • Provide enough support to deal with the situation safely.

Injuries during working hours can happen because of your employer’s negligence, but they could also be due to being assaulted at work or if you’re injured in a road traffic accident caused by somebody else. We’ll look at how you could claim throughout this guide.

You should bear in mind that time limits apply for personal injury claims. Generally, you’ll have 3-years to claim from the date your accident took place. In some cases, the limitation period could begin from your ‘date of knowledge’ if your injuries were diagnosed later.

Once you’ve finished reading, please call our team if you’d like to discuss your options or if you have any questions.

Types Of Operational Accidents Affecting Emergency Workers

There are many different accidents or incidents that could happen whilst working for the emergency services. They range from being assaulted to being burned whilst putting out a fire. We’ll look at a range of different scenarios over the coming sections of this guide.

Something that’s important to consider is that emergency service worker claims can be made for both physical and psychological injuries. Therefore, if you have suffered from anxiety, distress or even post-traumatic stress disorder, these conditions could be factored into your claim.

Please call if you’re unsure whether you have the grounds to claim and one of our specialists will review your case for free.

Being Injured On Duty Because Of Inadequate Training

As part of their duty of care towards staff safety, employer’s must train their staff properly. That means you’ll need training on the different scenarios you may encounter, any equipment you might use and when Personal Protective Equipment (PPE) should be worn.

Where your employer fails to provide adequate training, and you are injured on duty as a result, you could potentially be compensated. For example, if you are a firefighter and you cut yourself after being told to use hydraulic rescue tools that you’ve never received training on, you could have the grounds to claim compensation.

There are plenty of other scenarios across all of the emergency services where adequate training is paramount. Should you believe your injuries were caused because of a lack of training, please call today.

Assaults Whilst On Duty

It is quite upsetting to hear that emergency service workers are assaulted while they carry out their duties. While you might think this only applies to the police whilst trying to arrest criminals, it’s not unheard of for paramedics or firefighters to sustain an injury on duty because they’ve been assaulted.

In these cases, it may be possible to claim injury on duty compensation in one of three ways:

  1. A personal injury claim against your employer if it is proven the assault took place because your employer was negligent
  2. A claim through the Criminal Injuries Compensation Authority (CICA).
  3. Claim against the defendant if they are found guilty of assault and have the means to pay.

The CICA enables victims of violent crimes to be compensated when there is no other option. There are some rules that are different to personal injury claims to consider. Firstly, the incident has to have been reported to the police. Secondly, there is a 2-year time limit. generally, for claims through the CICA scheme rather than the standard 3-years we discussed earlier.

If you would like to make an injury on duty compensation claim following an assault, please call. Our team will review your case and explain which route may be best in your situation.

Burns And Smoke Inhalation Injuries On Duty

You might think that being burned or suffering from smoke inhalation are just part of the job of a firefighter. In some cases, burn injuries are unavoidable. However, where you suffer such injuries because of negligence, you could be eligible to claim. Some scenarios where that might be the case include:

  • If you inhale too much smoke because of faulty breathing apparatus.
  • Where you sustain burns because your protective clothing was not suitable.
  • If you have never received training on dealing with the type of scenario you were injured in.

Post-Traumatic Stress Disorder Injuries On Duty

As mentioned earlier, PTSD is something that could be claimed for. Post Traumatic Stress Disorder is a mental health condition. When a person suffers a traumatic experience or a series of them their mind can constantly relive the incident causing distressing nightmares, flashbacks, feelings of anxiety. This can happen so much so that a person cannot live as they did before. Some of the symptoms of PTSD, according to the NHS, include:

  • Nightmares and sleep disorders including insomnia.
  • Flashbacks and memories of the event.
  • Depression, anxiety or phobias.
  • Difficulty concentrating.
  • Irritability and angry outbursts.

These symptoms can have an effect on your personal life, your ability to work and function as you did prior to the incident. Some will be temporary but others can last for life. Therefore, if you have suffered the symptoms of PTSD, you may wish to consider claiming for them. Whether your case is valid and eligible for compensation will depend on your individual circumstances. Please call today if you’d like free advice on your options.

Road Traffic Accidents Involving Emergency Service Workers

If you are injured in a road traffic accident that was caused by the negligence of a third party that had a duty to keep you safe you may be eligible to make a claim for compensation. There are generally several parties that owe road users this duty of care;

  • Other road users
  • Councils
  • Road agencies
  • Employers who provide work vehicles.

We can check if you have the grounds to start a road traffic accident claim when you call our team.

Emergency Service Worker Injury Claims – Compensation Examples

If you are an emergency service worker and have been injured on duty due to negligence, then you may be able to make a claim against your employer. If so, the portion of your settlement that is awarded in line with the level of pain and suffering your injuries cause you is known as a general damages payment. The value of this payment is affected by various factors regarding your injuries and their effect on your life.

Legal professionals affiliated with your case are responsible for calculating an appropriate amount for you to receive. There are a few different helpful resources that can be used to assist in the process of valuing accident at work claims. We have included some figures from one of these resources in the table below.

The figures shown have been taken from the Judicial College Guidelines (JCG). The publication was updated in 2022 to include more up-to-date figures based on past court cases. However, all claims are unique so what you could be awarded will not be exactly as shown.

Edit
Injury Type Severity Compensation Range Details
Psychiatric Damage Moderately Severe (b) £19,070 to £54,830 Significant issues dealing with family life and work and managing relationships. The prognosis is much better than in severe cases.
PTSD Less Severe (d) £3,950 to £8,180 Covers cases where most symptoms have been recovered from in less than two years.
Jaw Fracture (ii) £17,960 to £30,490 Serious fractures that result in permanent consequences. These could include paraesthesia or difficulty eating.
Other Arm Injuries Less Severe (c) £19,200 to £39,170 Injuries that caused significant disabilities but where there has now been a good level of recovery.
Pelvis Severe (i) £78,400 to £130,930 This bracket covers extensive fractures of the pelvis that result in substantial residual disabilities.
Leg Amputation (iii) £104,830 to £137,470 Covers above the knee amputations of a single leg.
Facial Disfigurement Scarring (b) £17,960 to £48,420 For injuries where substantial facial scarring occurs and where it causes a significant reaction psychologically.

Get in touch for a bespoke valuation today. Our advisors can also offer a free eligibility check and offer legal advice on a variety of topics.

Could I Also Claim Special Damages?

Your settlement may also include special damages if you make a successful personal injury claim. Special damages is the head of your claim that covers the financial losses you experience as a result of your injuries.

For example, if you are unable to work because of your injuries, this can result in a loss of earnings. Under special damages, you can potentially claim back any lost earnings caused by your injuries.

Special damages can also help you recover the cost of:

  •   Prescriptions.
  •   Childcare.
  •   A carer.
  •   Travel.
  •   Mobility aids.

Providing evidence of these losses could help support your claim for special damages. Keeping any relevant receipts, invoices or bank statements could be useful for your claim.

To learn more about claiming compensation for an accident at work or to get more information on how emergency services injury compensation lawyers could help you, contact our team today.

No Win No Fee Emergency Service Worker Injury On Duty Compensation Claims

If you are an emergency service worker who is considering making an injury on duty compensation claim, your main worry about doing so might be how much a solicitor will cost. Although a solicitor is not a necessity they can bring many benefits to your case and the good thing is that you don’t need to worry about losing money on solicitor’s fees if your claim doesn’t work out. That’s because our solicitors provide a No Win No Fee service for all claims they take on.

If you call to discuss your case, it will be reviewed by a solicitor if it appears strong enough. Should they agree to represent you, they will forward you a copy of your contract called a Conditional Fee Agreement (CFA). This will show you what’ll you’ll pay if your claim is won and what criteria need to be met before you need to pay.

The CFA will explain that when you are awarded compensation, a fixed percentage will be deducted by your solicitor. This is called the success fee. It doesn’t need to be paid in claims that don’t work out. To put your mind at ease, it’s important to state that you can’t be overcharged because success fees are capped by law.

To check if your case could be processed by a No Win No Fee solicitor, please call today.

Essential References

To support you further, we have linked to some more articles in this section that might help if you decide to claim for an accident at work as an emergency service worker.

Below, you can find lots of guides on claiming compensation for a workplace accident:

Thank you for reading this article about claiming for injury on duty compensation.

FAQs

In this final section of our guide on claiming injury on duty compensation, we’ve answered some common questions to assist you further.

How long after being injured on duty could you claim?

For personal injury or accident at work claims, there is a 3-year time limit. This starts from the date you were injured unless you weren’t immediately aware that you’d been injured.

Can emergency service workers always claim for being injured on duty?

As with any other type of accident at work, emergency service workers could be compensated if they are injured in an accident caused by somebody else’s negligence. That might mean claims against their employers, other road users or through government schemes if their injuries are caused by any violence against them.

Who could claims be made against?

This would depend on individual circumstances. If a person is injured because those who have a duty of care towards their safety failed to keep them safe then this third party could be liable.

Do I get full pay if injured on duty?

If you are injured on duty, your contract may entitle you to full sick pay for a certain length of time. It is therefore worth checking how long that might be the case. Some contracts may only entitle you to Statutory Sick Pay (SSP) or you might be moved off of full pay to SSP after a number of weeks of absence from work.

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    • Patrick Mallon

      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.

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