How Much Compensation Can I Claim For A Night Shift Accident?
By Cat Way. Last Updated 14th June 2023. Welcome to our night shift accident claims guide. You are more at risk of suffering a night shift injury than working daytime hours, and research has established why this is so. If you had a night shift accident, a personal injury lawyer can assess your claim and advise you on how best to proceed with a claim.
Night shift accident
Anyone working nights can suffer from tiredness and fatigue because their body clock finds it hard to adapt to working irregular hours. If you were involved in a night shift accident that left you injured, you could be entitled to compensation, especially if an employer failed in their duty to keep you safe in the workplace.
Employers are duty-bound by law to follow legislation in place to keep their staff safe when working nights. Failing to do this could mean that a court rules in your favour when you file a night shift accident claim against an employer.
To find out how a Legal Expert personal injury solicitor can help you with your claim, please click on the Select a Section below.
Select A Section
- When Could You Claim For A Night Shift Accident?
- Common Causes Of Night Shift Accidents At Work
- Working Time Regulations
- Night Shift Accident Claims – Compensation Examples
- No Win No Fee Nightshift Accident Claims
- Useful Links
When Could You Claim For A Night Shift Accident?
If you’ve been injured in a night shift accident, you may be wondering if you could be entitled to accident at work compensation. In order to form the basis of a valid personal injury claim after a night shift accident, you have to be able to prove that:
- Your employer owed you a duty of care.
- They failed to fulfil this duty.
- As a result, you were injured.
Under the Health and Safety at Work etc. Act 1974, employers owe their employees a duty of care. This means that they have to take all reasonably practicable steps to keep them safe while working or in the workplace.
If you can prove that your employer breached their duty of care, causing your injuries, then you may be entitled to compensation.
Our team of advisors are here to help if you suffered an injury while working the night shift. Get in touch today to find out if you could be entitled to personal injury compensation.
Common Causes Of Night Shift Accidents At Work
A person’s body adapts at night, ready to go to sleep. Their heart rate slows, blood pressure and body temperature lower, which happens because their internal body clock is getting ready to sleep. It is a difficult routine to break, which means that people fail to adjust when working nights.
The side effects associated with working nights which result in an injury at work which are detailed below:
- Fatigue/tiredness
- Harder to concentrate
- Impaired judgement
- Hand-eye coordination is not as good
- A poorer reaction
- Overall lower cognitive performance
All of the above puts you at risk of suffering an accident at work when working nights. Statistics show that night shift accidents are more common when a person’s job involves extreme focus, namely operating machinery or driving. Keep reading to learn how to claim.
Working Time Regulations
UK law requires that employers adhere to specific regulations regarding health and safety for night shift workers. The Working Time Regulations 1998 (WRT) clearly states that night shifts should only last 8 hours in any 24-hour period. This is calculated by averaging the number of hours worked over a period of 17 weeks.
The legislation provides the same rights to night shift workers as those that apply to people who work daytime hours for time off, breaks and rest periods.
Studies have shown, however, that adhering to WTR guidelines is not enough to prevent night workers from suffering from fatigue and making mistakes. As such, employers must also adhere to the Health and Safety at Work Act 1974 as well as the Management of Health and Safety at Work Regulations 1999, which clearly states that employers must do the following:
- Protect all staff when it comes to their health, safety and welfare in the workplace
- To assess all risks involved in the working staff carries out and do everything in their power that is reasonably possible to control or eliminate all risks, including the number of hours staff work and how rotas/hours are planned.
Should a personal injury lawyer find there is strong evidence that your work schedule leads to your suffering from fatigue which led to you suffering a night shift accident, you could have a strong case to file a night shift accident claim.
Night Shift Accident Claims – Compensation Examples
If you’ve been injured in an accident while working a night shift, you could be owed compensation if the injury was the result of negligence. In a successful claim, the amount you receive can partly depend on the injuries you sustain. Additionally, the severity of these issues and how long it will take you to recover will affect how much your claim is worth. The amount that covers your pain and suffering is a figure called general damages.
The legal professionals evaluating your claim can turn to resources such as the Judicial College Guidelines (JCG). It was last updated in 2022. The JCG is comprised of bracketed figures that relate to personal injury claims and how much certain injuries could be worth. Whilst your own claim needs to valued in accordance with your own set of unique circumstances, the example JCG entries below could give you an idea of how much your general damages payment could be worth for an injury caused by a night shift accident.
| Injury | Notes | Amounts awarded |
|---|---|---|
| Spinal injuries | Injuries involving paralysis tetraplegia | £324,600 to £403,990 |
| Brain Damage | Less severe to life changing injuries | Up to £403,990 |
| Finger Injuries | When the ring and little fingers are amputated | In the region of £21,810 |
| Thumb injuries | Soft tissue damage to severe thumb injuries which includes loss of digit | Up to £54,830 |
| Hand Injuries | Soft tissue damage to serious damage | Up to £13,280 |
| Neck injuries | Slight to very severe | Up the the region of £148,330 |
| Wrist injuries | Slight to moderate | £3,530 to £4,740 |
| Leg injuries | Slight to moderate | Up to £11,840 |
| Foot injuries | Minor cuts/lacerations | Up to £13,740 |
| Arm injuries | Minor fractures between elbow and wrist to very severe permanent injuries |
Up to £130,930 |
Some accident at work claims can also include a figure known as special damages. These can be calculated in order to reimburse you for financial losses that have occurred due to your injuries. For instance, this could include costs such as medical expenses and a loss of earnings. Get in touch for more information.
No Win No Fee Nightshift Accident Claims
Legal advice is costly, which puts many people off filing for compensation, having suffered an injury through no fault of their own. Signing a Conditional Fee Agreement (CFA) with a Legal Expert personal injury solicitor takes all the pressure off finding the funds to pay for much needed legal advice. It means you don’t have to worry about upfront fees or ongoing costs associated with filing a personal injury claim against a third party.
With No Win No Fee structures, you only pay when a court rules in your favour, and you receive the level of compensation to suit the pain and suffering you endured. A personal injury solicitor takes their fee directly from the amount you are awarded, and it’s worth noting that most personal injury claims are settled out of court.
Should your case be unsuccessful, there would be nothing to pay for the legal services you received in a No Win No Fee structure.
Contact us today to find out more and take advantage of our free, initial, no-obligation consultation service.
Contact Our Team
Our personal injury solicitors are waiting to take your call, offering free legal advice on night shift accident claims. Our claims lines are open 9 am to 9 pm from Monday to Friday.
Call us free of 0800 073 8804 or request a “callback” by filling out the form to learn how to claim.
You can also email us at info@legalexpert.co.uk, and we will get back to you promptly.
Useful Links
If you suffer an injury as a result of fatigue, the link below offers valuable Health and Safety information:
The link below provides essential information on the Health and Safety Act 1974
Below, you can find lots of guides on claiming compensation for a workplace accident:
- Learn more about accident at work claims and get help with the claims process.
- Find out how to claim for a minor injury at work through our helpful guide.
- Read our guide on the top 10 things to know about accident at work claims for more information on claiming accident at work compensation.
Thank you for reading our night shift accident claims guide.