Are you a patient who’s had your personal data breached by a care worker? If so, you might be wondering how to claim for a care worker data breach. Health and care organisations have a responsibility to protect the personal data of data subjects by law. If these organisations fail to comply, a care recipient’s personal data could be exposed. This can lead to serious consequences for the care recipient’s mental well-being and financial security. 

In this guide, we first discuss what data protection law outlines an organisation’s responsibilities and when you could be eligible to make a data breach claim. Then, we look at examples of what types of personal data may be exposed if care worker data breaches occur.

Additionally, we explore what types of evidence could support your case and how much compensation could be awarded for suffering damage due to a data breach. 

At the end of this guide, you can discover how one of our No Win No Fee data breach solicitors could help you seek compensation for a care worker data breach, what services they offer, and how this may benefit you. 

We have a team of advisors available to help 24/7. By getting in touch with our team, you can discuss your circumstances and confirm whether you can be connected with a solicitor. Our team of advisors provide legal advice for free so to get in touch, why not:

• Call 0800 073 8804. 
• Enter your details on our online claims form. 
• Type a message in our live chat box. 

Jump To A Section

1. How To Claim For A Care Worker Data Breach
2. What Data Do Care Workers Have Access To?
3. Evidence Supporting Medical Data Breach Claims
4. Estimated Payouts For A Care Worker Data Breach
5. Could I Claim For A Care Worker Data Breach With A No Win No Fee Solicitor?
6. Find Out More About Healthcare Data Breaches

How To Claim For A Care Worker Data Breach

An organisation that decides why and how your personal information should be processed are called data controllers. Data controllers may also process your personal information. If they do not process your personal information themselves, then they can outsource this task to an alternate third party known as a data processor. 

Two pieces of legislation outline the legal responsibility that data controllers and processors have to ensure that personal information is safely stored, handled, and processed. These are the Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (UK GDPR).

If data controllers or processors fail to comply with these laws, this is known as wrongful conduct. Sometimes, wrongful conduct can lead to a personal data breach. Personal data breaches can be defined as a security incident that compromises the availability, confidentiality, and integrity of personal data. The Information Commissioner’s Office (ICO), an independent body upholding information rights within the UK, provides this definition of personal data breaches. 

The criteria that must be met to have an eligible medical data breach compensation claim are established in Article 82 of the UK GDPR:

• Either the data controller or data processor did not comply with their responsibilities set out under data protection law.
• Due to this, your personal information was exposed in a data breach. 
• From the breach, you suffered emotionally and/or financially. 

Time Limits For Starting A Data Breach Claim

You are also only eligible to make a claim if you are within the data breach compensation claims time limit, which is:

• Typically, 6 years. Or,
• 1 year if your claim is against a public body. 

Speak with our team as soon as possible to determine whether your potential claim for a care worker data breach is eligible and how long you have to start legal proceedings. 

What Data Do Care Workers Have Access To?

Any information that can be used to identify who you are is personal data. For example, your:

• Name
• Postal address
• Email address
• Debit or credit card details

Some types of personal data are considered special category data. Special category data is information that is more sensitive and requires more protection. For example, data concerning your sexuality or sexual orientation, your health, such as medical data, or data revealing your racial origin or ethnicity. 

These are all examples of personal data that care workers could have access to and could therefore be involved in a care worker data breach. For example, if a healthcare organisation failed to provide the care workers employed with them with data protection training, and they then went on to compromise the personal data of a patient, it could lead to the patient suffering financial loss and/or mental harm.

Please feel free to have a chat with our advisors about which of your specific personal information was compromised in a data breach. 

Evidence Supporting Medical Data Breach Claims

Different types of evidence can prove that there was a failure to adhere to data protection laws. And, from this, your personal information was compromised in a breach, leading to you suffering financial and/or emotional damage. 

Thus, here are the types of evidence you should try and provide:

• Correspondence between you and the organisation about the breach. This could include emails or a letter of notification. If a data breach has compromised your freedom and rights, the organisation has a duty to inform you of the breach without undue delay with a letter of notification. They also have a duty to inform the ICO that a data breach has occurred within 72 hours of them becoming aware that it happened. 
• Findings from an ICO investigation. You can report the incident to the ICO if you haven’t had a response from the organisation or the response they provided was inadequate. The ICO may then choose to investigate. Their findings after the investigation can be used as evidence.
• Medical records that show how you have suffered psychologically since the data breach occurred. You could also keep a symptoms diary as evidence of your emotional effects following the data breach. 
• Financial records that show the monetary impact the data breach has had on you, such as bank statements. 

Our experienced solicitors can help you collect evidence as part of the services they provide if you are eligible to pursue compensation. If you get in touch, an advisor can offer further information on our solicitor’s services and may connect you if you have a valid claim for a care worker data breach.

Estimated Payouts For A Care Worker Data Breach

If you have a successful claim for a care worker data breach, you could receive compensation for up to two types of damage, called material and non-material damage. You do not need to have suffered both types of damage to receive data breach compensation. 

Non-material damage is the psychological harm you have suffered due to your personal information being breached. For example, if you develop a mental health condition like emotional distress, anxiety, depression, or Post-Traumatic Stress Disorder (PTSD).

The Judicial College Guidelines (JCG) and medical evidence may be referred to while the value of your non-material damage is being calculated. 

The JCG contains different types of psychiatric injuries and guideline compensation brackets for each. 

Compensation Table 

We have provided a table containing different types of psychological harm and their accompanying guideline compensation brackets. Except for the first row, all of the information has been taken from the JCG. Please remember that since all claims are unique, no specific amount of data breach compensation can be guaranteed for your case. 

What Is Material damage In A Personal Data Breach Claim?

Material damage is the financial losses you have suffered due to your personal information being breached. For example, you may have suffered a loss of earnings because you needed time off work to recover from the stress of the data breach.

Providing evidence of the finances you have lost due to a personal data breach is essential. So, please keep hold of payslips, bank statements, and other documents that can help prove the losses. 

For more information about how much data breach compensation could be given for a successful claim, contact our team. 

Could I Claim For A Care Worker Data Breach With A No Win No Fee Solicitor?

If you contact our team of advisors, you may be able to claim for a care worker data breach with us. If you do have an eligible data breach claim, you could be offered a Conditional Fee Agreement (CFA) by one of our No Win No Fee solicitors. 

When you claim compensation with a CFA, you will not be asked to make upfront or ongoing payments for your solicitor’s services. Furthermore, these payments will not need to be made if your claim is unsuccessful. 

On the other hand, if your medical data breach claim does end up successful, then there will be a success fee taken out of your compensation instead. A success fee is taken as a percentage. There is a maximum cap to what this percentage can be by law. So, you will receive the majority of the data breach compensation awarded to you. 

Contact Our Team About Claiming For A Data Breach Today

Get in touch with our team today to potentially begin the data breach claims process. If they find you have a valid claim, they can connect you with one of our specialist data breach solicitors who can provide you with free legal advice if you are suffering emotionally and/or financially due to a data protection breach. Here are our contact details:

• Call 0800 073 8804. 
• Enter your details on our online claims form. 
• Type a message in our live chat box. 

Find Out More About Healthcare Data Breaches

Here are some of our similar articles:

• Learn how to make a claim for a foster care data breach and what compensation could be awarded in a successful case.
• Find out when you might be eligible to make a data breach claim for children in care and how the claims process works.
• Discover how to make a private healthcare medical data breach claim after your personal data was compromised.

Here are a few external resources which may be of use to you:

• Advice from the Information Commissioner’s Office (ICO) on whether organisations need your consent to use your personal information.
• NHS guidance on where to find mental health services near you to receive support for psychological harm.
• Gov.UK information on the rights of data subjects regarding their personal information.

We hope that this guide on how to claim for a care worker data breach has been helpful to you. Please remember that our team can help to answer any questions if you call on the number above. 

In this guide, we’ll explore how data breaches happen. The personal data of UK residents is protected under the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA). The Information Commissioner’s Office (ICO) helps to enforce this legislation.

However, if data controllers and data processors fail to comply with these laws, should this lead to a breach of a data subject’s personal data, then they could be liable if any harm is suffered. Therefore and in accordance with Article 82 of the UK GDPR, a data subject could then go on to file a personal data breach claim.

Generally, a data subject is you, a person who has their personal data processed. A data controller decides the purposes for which and the means by which personal data is processed. This is usually an organisation such as your employer, the bank you use, a hospital or GP surgery, or anyone who processes your personally identifiable information. They can either instruct a data processor to process it on their behalf or do the processing in-house. 

Our guide will discuss how data breaches happen and the steps you could take should your personal information be compromised in a breach. We’ll also talk about data breach compensation, how to support a claim with evidence, and how an expert solicitor could help you. 

Contact Our Team

Our team are here to help. If you have any more questions or would like to start a data breach claim, contact us today.

To get started:

• Call us on 0800 073 8804
• Use the live chat feature
• Start your claim online

Select A Section

1. What Is A Data Breach?
2. How Data Breaches Happen
3. How Could A Data Breach Impact You?
4. What Can I Do If My Data Has Been Breached?
5. How Can A Solicitor Help Me?
6. Where Can I Learn More About How Data Breaches Happen?

What Is A Data Breach?

Before we define a data breach, we should define personal data. This is any information that could be used to identify you as a living person; for example, this could include your postage address, email address, or phone number.

Within personal data exists special category data. This data needs extra protection under the laws mentioned above as it is more sensitive. Special category data can include personal information relating to your health, gender, sexual orientation, or ethnicity. 

According to the ICO, a personal data breach occurs when the security, integrity, or availability of your personal data is compromised in a security incident. A breach of personal data could happen through human error, or it could be a deliberate action such as a cyber-attack. 

A breach of your personal data can impact you in a number of ways, with serious consequences to both your finances and your mental health. Read on to learn more about how data breaches happen, or contact our team to find out what you could do if a breach affected your data.

How Data Breaches Happen

Now that we’ve discussed what a data breach is, we can explore how they happen. Data breaches occur in a number of ways, including:

• Lack of data breach prevention training: Failing to train staff on how to prevent data breaches when handling personal data, especially when they have access to personal/sensitive data, can lead to a human error data breach.
  • For example, a GP receptionist could leave a patient file open on a public-facing desk. Patient files can contain sensitive or confidential information as well as personal data.
• Stolen or lost devices: Devices that aren’t properly locked away or secured can be lost or stolen, allowing others to gain unauthorised access to personally identifiable information.
  • For example, if your employer left a laptop on a train that contained employees’ employment files, whoever found it may be able to gain access to lots of personal infomation of employees.
• Poor cybersecurity: Poor cybersecurity can mean cybercriminals bypassing network security remotely and stealing data. Stolen data can then be used by cybercriminals to commit identity theft.
  • For example, if an organisation fails to use up-to-date cyber security defence walls, personal details such as bank account numbers, phone numbers, and national insurance numbers can be stolen and sold on the dark web for financial gain.

These are just a few examples of how a data breach can happen. If you’d like to find out what steps you could take after being harmed in a data breach, contact our team today.

How Could A Data Breach Impact You?

A data breach can impact you in several ways, both mentally and financially. First, we’ll discuss the potential psychological effects of a breach.

Data breach victims could suffer from psychological injuries as a result of their personal or personally sensitive data being exposed or stolen, especially when the compromised data is of a very personal nature. Plus, it can exacerbate existing mental health conditions.

For example: A social worker accidentally sends a file containing the personal data of a woman and her children to the abusive ex-partner. The file contains new contact details of the family which the ex-partner now has access to. This causes the family great distress and anxiety.

What Are The Financial Impacts Of A Data Breach?

Data breaches can also have a financial cost. Stolen or compromised credentials, such as bank account numbers, credit card details, and tax information, can be used to steal money from bank accounts or lead to identity theft.

A breach of personal data could also lead to a loss of wages if you need to take time off work to recover from the psychological effects of the breach. As with our example above, data breaches can lead to people needing to relocate or change their identity, all of which can cost them significantly.

If you’ve been affected by a data breach, contact our team today. They can offer more information on the next steps you can take.

What Can I Do If My Data Has Been Breached?

If your personal data has been breached, you might be wondering what to do. One option could be to claim compensation. In some cases, following a breach, you may be able to claim compensation for the psychological injuries you have sustained, as well as the financial losses.

However, in order to form the basis of a valid claim, you must be able to prove that:

• The organisation responsible for your personal data failed to keep it secure.
• This resulted in a data breach that affected your personal data.
• As a result, you suffered mental or financial harm

If you can prove that your case meets these criteria, then you may be able to claim compensation. Contact our team today to find out how a compensation claim could benefit you, or read on to learn how one of our solicitors could help.

How Can A Solicitor Help Me?

Now that you know more about how data breaches happen, you might be wondering how a solicitor could help you. If you were harmed in a data breach because the organisation did not comply with data protection laws, then you may want to make a compensation claim. Although you aren’t obligated to work with a solicitor, instructing one to work on your claim can make the process feel less stressful and come with many benefits.

For example, a solicitor can help you gather evidence to support your claim. They can also explain any legal jargon that appears, or explain any areas of the claims process that you don’t understand. Plus, they can help you negotiate a settlement that feels right for you. 

What Is A No Win No Fee Solicitor?

Our solicitors work under Conditional Fee Agreements (CFAs), which means that they are No Win No Fee solicitors. When you work with a No Win No Fee solicitor, you don’t need to pay them an upfront fee to start work on your data breach claim. Similarly, you aren’t required to pay for their services if your claim doesn’t succeed.

However, in the event of a successful claim, your solicitor will take a success fee. They’ll deduct this fee immediately from your compensation as a percentage, though this percentage is limited by a legal cap. The legal cap helps to make sure that you keep the larger portion of your compensation. 

Contact Our Team

Our team of advisors is available 24/7 and can answer any questions you might have about the claims process and how data breaches happen. When you get in touch, they’ll offer a free consultation, during which they can tell you whether or not you are eligible to make a claim. If you are, they may then connect you with one of our solicitors.

To get started:

• Call us on 0800 073 8804
• Use the live chat feature
• Start your claim online

Where Can I Learn More About How Data Breaches Happen?

For more helpful resources, we recommend:

• Learn more on how data breaches happen from the ICO. 
• Get help with safe online shopping from the National Cyber Security Centre (NCSC)
• Find out how to manage stress with MIND
• More about the UK General Data Protection Regulation from the ICO

Read More Helpful Guides

• Find out how to claim for a personnel file data breach with our guide
• Learn more about the landlord data breach claims process 
• Get help with making a finance company data breach claim with our article

Thank you for reading our guide on how data breaches happen. Contact our advisors today if you’d like to learn more.

On June 29th 2023, various staff and community members of The Big Life Group were notified of a cyber security incident that affected approximately 62,500 people in a personal data breach.

This article examines who may be eligible to claim for the Big Life data breach, as well as compensation claims and an examination of the damage that could be caused by data breaches such as this.

We also examine the advantages of claiming data breach compensation with experienced data breach solicitors like ourselves under the No Win No Fee contract they can offer.

You can talk to our advisory team 24 hours a day for further guidance on the data breach claims process, or to get a free assessment of your eligibility to claim data protection breach compensation. Call us on 0800 073 8804 or start your claim online by completing this form.

Browse This Guide

1. What Was The Big Life Data Breach?
2. What Data Was Affected?
3. What Should I Do If Affected By The Big Life Data Breach?
4. Potential Impacts Of A Data Breach
5. Claiming Big Life Data Breach Compensation With a No Win No Fee Solicitor
6. Learn More About The Big Life Data Breach And Compensation Claims

What Was The Big Life Data Breach?

The Big Life Group is a charitable organisation that provides essential services to disadvantaged and vulnerable people across the North West. On June 29th 2023, cybercriminals attempted to gain access to Big Life’s computer files.

According to a statement from Big Life, a remote desktop server was accessed, and some data was stolen. Approximately 62,500 people have been contacted regarded a potential compromise of their personal data.

Personal data breaches are security incidents where the availability, confidentiality or integrity of personal data has been impacted. This definition was taken from the Information Commissioner’s Office (ICO), the UK’s independent body for upholding information rights. 

What Data Was Affected?

Big Life provides mental health and support services to vulnerable and disadvantaged families and individuals across a number of areas.

Personal data is any information that can be used to identify a living individual, referred to as a data subject. 

The Big Life Group hold various forms of personal data, including names, addresses and contact details. While Big Life themselves have not commented on the data affected, we know they have contacted around 62,500 people concerning this data breach.

As Big Life work with communities to provide rehabilitation, HIV and AIDS and mental health support, what the UK General Data Protection Regulation (UK GDPR) defines as “special category data” may have been affected. This is personal data that is regarded as having higher sensitivity and, therefore, demands greater degrees of security. Examples include health data, data concerning trade union membership and information regarding your race and ethnic origin.

Considering the areas Big Life work across, it is possible that of the 62,500 contacted concerning the data breach, some had sensitive personal data stolen. Big Life themselves did not disclose the nature of the information affected by this data breach.

What Should I Do If Affected By The Big Life Data Breach?

Data controllers are required to notify all impacted data subjects as fast as is reasonably possible. There is also a requirement to notify the ICO within 72 hours if the data breach meets the reporting threshold.

If you or a family member/dependent have used Big Life Group services and have not been contacted, it is worth reaching out to Big Life and seeking clarity on the status of your personal data.

It is a data subject’s right to express concern to a data controller regarding the handling or storage of their personal data. Data subjects can also report the controller to the ICO following an unsatisfactory response to concerns. While the issuing of compensation is not in the ICO’s remit, information gathered during their investigation can be used to support any potential claim.

For free legal advice on the Big Life data breach and compensation claims, contact our advisors today using the number provided above.

Potential Impacts Of A Data Breach

There are two types of damage that you can be compensated for in a data breach claim.

Material damage refers to financial losses, such as fraudulent purchases made using your credit card or money being stolen from your bank account.

Non-material damage is the psychiatric harm caused by having your personal data compromised, such as stress or in more severe cases, depression and post-traumatic stress disorder

As Big Life handles services for children, vulnerable and disadvantaged individuals and families across the North West of England, there is a risk that some highly sensitive information could have been affected.

To find out if you could claim Big Life data breach compensation as one of the affected data subjects, talk to our advisors today using the contact information given below.

Claiming Big Life Data Breach Compensation With a No Win No Fee Solicitor

To be eligible to claim Big Life Data Breach Compensation, you will need to show the following:

• The Big Life Group, in their capacity as the data controller, engaged in positive wrongful conduct that went against their obligation under the UK GDPR.
• You suffered a psychiatric injury, monetary loss or both as a result of this wrongful conduct.

After you have spoken to our advisors regarding your particular circumstances, they will assess your eligibility to claim data breach compensation. If eligible, one of our experienced data breach solicitors could take on your case under a No Win No Fee contract called a Conditional Fee Agreement (CFA).

What this means for you as a potential claimant is no fees required for the solicitor to start work on your case, no fees for that work during the claims process itself and no fee should your claim fail.

You will only pay a fee, known as a success fee if the solicitor wins your case. The Conditional Fee Agreements Order 2013 caps success fees, so the majority of any compensation award is yours to keep.

For further advice on the Big Life Group data breach or to get a free assessment of your eligibility to claim, contact our advisors today.

You can call us on 0800 073 8804 at any time of day, or begin your claim online by filling out this form, and a member of our team will get in touch.

Learn More About The Big Life Data Breach And Compensation Claims

We have also provided some additional resources regarding data breaches and protecting your data that you may find useful:

• Get useful tips and advice for staying safe online through the National Cyber Security Centre’s Cyber Aware programme.
•  Read the guidance on making a complaint about an organisation’s handling of your personal data on the Government website.
• Deal with a personal data breach can be a distressing and confusing time. The NHS has provided details of mental health conditions, as well as guidance on accessing support services.

Thank you for reading our guide to claiming Big Life data breach compensation. You can get further advice and guidance by speaking to our advisors using the details provided above. 

In this guide, we discuss claiming pension data breach compensation, including the eligibility criteria that need to be met for you to have valid grounds to proceed and the evidence you could collect to strengthen your case.

Additionally, we provide examples of how a pension data breach could occur and the impact it could have.

Later, we look at how compensation for a successful pension data breach claim is calculated and how payouts could can address the impacts the breach has had on different areas of your life.

Finally, we look at how one of our expert solicitors could assist you in seeking data breach compensation on a No Win No Fee basis.

Continue reading to learn more about pension data breach compensation claims. Alternatively, our team is available 24/7 for a free consultation of your potential case. To get in touch, you can:

• Call 0800 073 8804. 
• Make an inquiry about your claim online. 
• Send a message in our live chat box.

Jump To A Section

1. Who Could Make Pension Data Breach Compensation Claims?
2. Examples Of Cyberattack Data Breaches
3. What Evidence Could Help You Claim Compensation?
4. Estimated Pension Data Breach Settlements
5. No Win No Fee Pension Data Breach Compensation Claims
6. Further Guidance On Data Breach Claims

Who Could Make Pension Data Breach Compensation Claims?

The legislation in place to protect your personal information are the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA). Any form of information that can be used to identify you is known as personal data. The UK GDPR and DPA outline the responsibility that data controllers and data processors have with regard to the handling, storing, and processing of your personal data.

A data controller’s role is to determine why and how your personal information will be processed. A data processor’s role is to process your personal information on behalf of the controller. Data controllers can fulfil both roles unless they opt to outsource data processing to an external party.

A pension company who determines the purposes for which the personal data is to be processed, are classed as data controllers. However, a pension administrator may be classed as a data processor.

If either a data controller or data processor does not adhere to the DPA or UK GDPR, this is wrongful conduct. In some cases, wrongful conduct could lead to a personal data breach. A personal data breach is defined in Article 4 of the UK GDPR as a security breach that leads to the unlawful or accidental loss, alteration, destruction, unauthorised disclosure of or access to, personal data. 

Additionally, the data breach claims eligibility criteria are set out in Article 82 of the UK GDPR. These need to be proven for a claim to be valid. As such, you need to show:

• Either a data controller or data processor did not adhere to data protection law.
• Due to this wrongful conduct, your personal data was breached. 
• You suffered emotional damage and/or financial losses because of the breach. 

If you talk to our advisors, they can determine if you are eligible to claim compensation and provide free advice on your next steps.

Time Limits

The standard data breach claims limitation period is 6 years. Thus, you have to begin legal proceedings for your pension data breach compensation claim within this time limit. 

However, the claims time limit is only 1 year if you are claiming against a public body. Also, there may be further exceptions that could result in the standard time limit being indefinitely suspended.

Find out more about how long you have to seek compensation by calling an advisor on the number above.

Examples Of Cyberattack Data Breaches

Pension companies may store and process different types of personal data, including National Insurance numbers, full names, email addresses, postal addresses, phone numbers, date of births, and some financial information, such as bank account, credit or debit card details. They may also hold special category data which is more sensitive and, therefore, needs more security. For example, data revealing your racial or ethnic origin. 

There are different ways this information could be breached, such as through human error, or as a result of a cyber attack. Data controllers and processors must have substantial security measures in place to defend against cyberattacks. These security measures can include:

• Putting up a firewall
• Using strong passwords
• Storing personal information using encryption

If there is a failure to protect this personal data, it could result in it being breached leading you to suffer financial loss and/or emotional harm. For example, no or inadequate security measures could leave a pension companies affected by a cyber incident, such as a ransomware attack in which personal data from a pension scheme is stolen.

This could lead to those affected suffering anxiety, distress, or stress due to a data breach as well as financial loss, such as lost income incurred due to time taken off work to deal with the mental impact of the breach.

Call our team on the number above to discuss your specific case and find out whether you’re eligible to make a pension data breach compensation claim.

What Evidence Could Help You Claim Compensation? 

You will need evidence when making a pension data breach compensation claim to show how a data controller or processor did not abide by the data protection laws, how your personal information was compromised because of this, and how you have been affected by the breach. 

Examples of the types of evidence you can gather are:

• A letter of notification. Data controllers have a responsibility to notify you without undue delay of a data breach if the breach has risked your freedom or rights. To notify you, a letter of notification may be sent detailing the personal data that was affected and the steps they plan to take to rectify the situation. You should keep this letter as evidence to substantiate your case.
• Copies of your medical records, such as a report from a specialist, to prove the emotional effects of the personal data breach. 
• Bank statements, payslips, credit reports, and other financial documentation to prove the financial effects of having your personal data compromised.

All notifiable data breaches should be reported to the Information Commissioner’s Office (ICO) by the data controller within 72 hours from when they discovered the breach had happened. The ICO upholds information rights in the UK as an independent body.

If you are not happy with the communication from the organisation about the data breach, you can contact the ICO within 3 months from the last meaningful communication you had with the organisation. The ICO may choose to look into data breach reports but they cannot award compensation. If they do investigate, you can use findings from this investigation to substantiate your case.

If your pension data breach compensation claim is eligible and one of our expert data breach solicitors represents you, they can help you gather evidence as part of the services they provide. Additionally, they can ensure you bring forward your claim in full within the relevant time frame.

Contact our team today to find out more about proving data breach claims and whether a solicitor could take on your case and help you seek compensation.

Estimated Pension Data Breach Settlements

If you have a successful pension data breach compensation claim, you could receive a settlement compensating you for up to two types of damage. These are material damage and non-material damage. You do not need to have suffered both forms of damage in order to receive compensation. Instead, you can claim for material damage alone, non-material damage alone, or if you have experienced both, you can claim for both together.

Firstly, non-material damage refers to the psychological effects you have suffered from your personal data being breached. Psychological effects can include mental health conditions such as, depression, anxiety, and Post-Traumatic Stress disorder (PTSD), in more severe cases. 

The Judicial College Guidelines (JCG) is a document that can be referred to by those responsible for calculating the value of non-material damage. Within the JCG are guideline settlement brackets for all sorts of psychological and physical illnesses and injuries. 

Additionally, your medical reports could also be referred to in order to understand the full extent of the impact the breach has had on your mental health.

Guideline Compensation Table

This table includes figures from the JCG. It is important to note that you should use these figures as a guide only. The value of a data breach claim will differ to what’s listed in the table because every case is unique. 

The top line is not out of the JCG. 

Material Damage

Secondly, material damage refers to the financial losses you have suffered from your personal data being breached. An example of a financial loss which you could suffer following a data breach is a loss of earnings from having time off work due to the mental harm you have experienced.

Our advisors can tell you more about how much compensation could be awarded following a successful pension data breach claim. You can also get in touch to learn more about claiming compensation and how to sue your pension provider.

No Win No Fee Pension Data Breach Compensation Claims

If our team determines that your data breach compensation claim is valid, you could be connected to our expert data breach solicitors. Our solicitors typically offer a type of No Win No Fee agreement called a Conditional Fee Agreement (CFA). 

The benefits of a CFA mainly include not needing to pay any fees for the work that your solicitor does:

• Before or throughout the claims process. 
• If your data breach claim is unsuccessful. 

If the claim is successful, a success fee will be deducted from your compensation. Success fees are taken as a percentage that the law caps. This ensures you keep the most of your awarded settlement.

Talk To Our Advisors Today

Talk to our advisors today if you wish to seek pension data breach compensation. By speaking with our team, you can receive advice on what steps you should take next and have any queries answered. You can reach out via any of the following contact details:

• Call 0800 073 8804. 
• Send an inquiry about your potential claim online. 
• Send a message via our live chat box.

Further Guidance On Data Breach Claims

More articles regarding data breach claims:

• Information about claiming data breach compensation if existing mental health problems were made worse because your personal data was breached.
• Find out if you could claim for a former employer data breach and the steps you can take to secure a payout.
• Learn what to do if your financial information was shared in a data breach.

External resources:

• Information from the NHS on where to access mental health services and receive help for psychological injuries.
• Understanding cyber security from GOV.UK.
• Advice on how to report a breach to the ICO.

Thank you for reading our guide today about pension data breach compensation claims. If your personal data has been compromised and you need information on what steps you could take, our team is available 24/7. 

Last Updated 3rd June 2025. Our guide examines how to sue the government for a data breach and when you could be eligible to pursue compensation.

The government is made up of many different departments. Each of these departments stores and processes multiple types of personal data for many people. Examples include information relating to state pensions, benefits, and national insurance as well as your name, postal address, and ethnic or racial origin. In some cases, the data is more sensitive. As such, if a government department is affected by a data breach, there could be severe consequences. 

As we move through this guide, we examine the obligations the government has under data protection laws and how a breach could occur if these aren’t adhered to. Furthermore, we explain what a data breach is and what information could be affected. 

Compensation in a successful data breach claim can be awarded for two different types of damage, the financial damage incurred and/or the psychological harm. We discuss how compensation is calculated for the different ways you have been impacted later in our guide. We also briefly touch on the evidence you could use to show what damage occurred and how you were affected.

To finish off our guide, we explore the No Win No Fee agreement offered by our experienced data breach solicitors, with particular emphasis on how you can benefit when instructing one of our solicitors to represent you under such a contract.

Claims for data breaches can be complex, which is why our advisors are available to address your concerns at any time of the day. They can also provide a free consultation on whether you have a valid data breach claim. You can speak to a member of our team and ask any questions about data breach claims via the details provided here:

• Call us on 0800 073 8804.
• Contact us online by completing this form.
• Use the live chat button at the bottom of your screen.

Select A Section

1. How To Sue The Government For A Data Breach
2. Examples Of Potential Government Data Breaches
3. What Evidence Could You Provide To Support A Claim?
4. Calculating Data Breach Compensation Payouts
5. When Will I Receive A Compensation Payout?
6. How To Sue The Government For A Data Breach With A No Win No Fee Solicitor
7. Find Out More About More About Claims For Data Breaches

How To Sue The Government For A Data Breach

Before we explain how to sue the government for a data breach, we need to explain what a data breach. A personal data breach is defined in general terms as a security incident that affects the availability, integrity or confidentiality of personal data. This definition is given by the Information Commissioner’s Office (ICO), the UK’s independent body for upholding information rights.

There are 3 relevant parties when discussing data breaches, these are:

• Data controllers: The organisation that decides when, how and why your data will be stored or processed. 
• Data processors: These are external organisations that are contracted by the data controller to process the data on their behalf. It is important to note that not all controllers use external processing services, and may decide to process data themselves.
• Data subjects: The living identifiable individuals to whom the personal data relates.

Data controllers and processors have strict obligations under both the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA). Failing to adhere to these obligations is known as wrongful conduct which could cause a personal data breach.

It’s not always possible to claim for a data breach. There are criteria that need to be met to begin a personal data breach claim. These are as follows:

1. There was a failure by either the data controller or processor to uphold the standards set out by the UK GDPR and the DPA.
2. This failure caused a breach in which your personal data was affected. 
3. You suffered a financial loss, psychiatric harm or both as a result of this breach.

Our advisory team can offer a free assessment of your eligibility to start a claim. They can also offer free advice and answer any questions you may have. Our advisors are available 24 hours a day via the contact details provided above.

Time Limits In Data Breach Claims

Data breach time limits mean you typically have 6 years to start legal proceedings, but this drops to 1 year if you are claiming against a public body. There may be some exceptions that can apply in some circumstances.

For further advice on the time limits in data breach claims and exceptions that may potentially apply, speak to our advisors today.

Examples Of Potential Government Data Breaches

As we outlined in our introduction, different government departments hold a vast amount of personal data on residents. This data could be put at risk if a government department fails to adhere to its obligations under data protection law. 

Personal data is defined by the ICO as information that can be used to identify a living natural person. This can include names, addresses, contact information and details of bank or credit cards. Article 9 of the UK GDPR also makes provision for “special category data.” This is personal data that is deemed as more sensitive and, therefore, necessitates a higher degree of protection. Examples include data on your racial and ethnic origin, trade union membership, religious beliefs and your health.

We have provided a few examples of how government data breaches could potentially happen here:

• Wrong address data breach: Administrative errors resulted in a letter containing information regarding your child benefit payments being sent to the wrong address.
• Unauthorised access data breach: Failures to upgrade security software resulted in hundreds of case files containing immigration information being exposed in a cyber attack.
• Loss of paperwork data breach: A government employer was carrying documents in an unlocked briefcase on a train. They left the case on the train when they disembarked. Unauthorised persons therefore gained access to your personal data as a result of this human error data breach incident.

To learn more about claiming data breach compensation in your particular circumstances, speak to an advisor today using the contact information given below. They can discuss your specific case and determine whether you meet the eligibility criteria for starting a claim.

What Evidence Could You Provide To Support A Claim?

A key part of understanding how to sue the government for a data breach is looking at collecting evidence to support a potential claim. As well as showing that your personal data was compromised in a breach caused by wrongful conduct, your assembled evidence will need to demonstrate the impact this breach had on you financially and/or emotionally.

You can see some examples of the evidence you could collect here:

• Correspondence from the data controller notifying you that a data breach has occurred and what data was affected. This usually comes in the form of a written letter or email.
• Financial records such as your bank statements that show suspicious or unauthorised activity in your accounts, or payslips to show any lost earnings incurred if you had to take time off work to recover from the mental impact of the breach.
• Medical evidence showing you suffered psychological harm. such as distress, anxiety, or stress, as a result of having your data breached.

What Steps Can I Take After A Data Breach?

Data controllers are required to inform all data subjects affected if the data protection rights and freedoms of those subjects have been put at risk. They must do so without undue delay. There is also an obligation to inform the ICO within 72 hours from when they discovered the breach had occurred, if it meets the reporting threshold.

As a data subject, it is your right to express concerns regarding a data controller’s conduct at any time. If you are dissatisfied with their response, you can raise a complaint with the ICO.

While the ICO does not award compensation, they can take punitive actions against data controllers who do not meet data protection laws. You can use the findings from their investigation as evidence to strengthen your case, if they choose to investigate your complaint.

One of our experienced No Win No Fee data breach solicitors could assist with gathering evidence if you have a valid claim. Speak to our advisors for a free assessment of your eligibility today. If eligible, a solicitor could take on your case and support you with collecting evidence, as well as make sure your claim is made within the appropriate time limit.

Calculating Data Breach Compensation Payouts

There are two different types of damage that data breach compensation can be awarded for following a successful claim. Material damage refers to the monetary losses that result from a data breach, such as money taken from your account if your bank card details were stolen. Non-material damage refers to the psychological injuries caused by a personal data breach. This could be in the form of stress, emotional distress, and anxiety, or more serious psychiatric conditions such as post-traumatic stress disorder. 

Reference can be made to the guidelines from the Judicial College alongside provided medical documents when a potential figure for non-material damage is being calculated. The JCG lists guideline award brackets for various different types of harm.

Compensation Table

The table contains figures from the JCG. except for the first entry. Please be advised that the figures used in our table are intended as guidance only.

Material Damage

As mentioned, you could also be entitled to data breach compensation for material damage. This refers to the financial losses incurred from your personal data being breached.

Examples could include funds being stolen from your bank accounts or fraudulent purchases being made in your name. Your credit score could also be negatively affected by fraudulent charges, which could have a knock-on effect on your personal finances.

Evidence in the form of bank statements, credit reports, and payslips, can help prove any losses.

To find out more about how data breach compensation is calculated, or to get a more detailed picture of how the value of a data breach claim is calculated, speak to an advisor today. Our friendly and experienced team are available 24 hours a day via the contact details given below.

When Will I Receive A Compensation Payout?

You may receive a compensation payout for your suffering once your claim reaches a settlement in your favour. This is typically at the final stage of the claims process. 

Unfortunately, at an early stage of your claim, we cannot provide a specific date for when this will be. This is because all government data breach claims are unique and present different circumstances. As such, it is difficult to state how long the claims process will take.

Some factors that may determine the date you receive a compensation payout for a data breach claim include:

• Whether your psychological injuries are diagnosed 
• The gathering of evidence to support your claim
• The number of parties affected by the data breach 
• The calculation of your compensation for your harm and financial losses
• Settlement negotiations with third parties  
• Whether your claim needs to go through legal proceedings in court

Regardless of the complexity of your data breach claim, our solicitors will utilise their specialist legal skills to try and reach a settlement within a reasonable time frame. 

Our solicitors understand that a compensation payout will help you move on from your data breach. Therefore, they will provide excellent customer service and keep you updated throughout the entire claims process. 

If you would like more information on how to sue the government for a data breach and the time it will take to receive compensation, please contact our advisors.

Can I Sue The Government For A Data Breach With A No Win No Fee Solicitor?

If a personal data breach occurs, we understand it can be a stressful and confusing time. As such, if you are looking to make a claim, you could benefit from seeking legal representation.

Our specialist data breach solicitors have years of experience in handling compensation claims following breaches of personal data. They can assist you with building your case and guiding you through each stages of the claims process to help you reach a settlement.

If eligible, one of our solicitors could offer their services under a Conditional Fee Agreement (CFA). This kind of No Win No Fee contract presents notable advantages to potential claimants, including:

• In most cases, there will be no upfront fee for our solicitors to begin working on your case.
• There will also be no charges levied during the claims process for that work.
• Finally, in the event the claim is unsuccessful, you will not be charged a fee for the services they have provided.

You will receive a compensation payout for the material and/or non-material damage you experienced as a result of the data breach. Before your claim begins, you and the solicitor will agree to a success fee, payable as a percentage of your compensation on the condition the solicitor wins your claim. Per The Conditional Fee Agreements Order 2013, success fee percentages are capped. Therefore you will keep the majority of any payout for the damage you sustained. 

Contact Us

Speak to an advisor today for more information on how to sue the government for a data breach and whether you could be eligible to pursue compensation. You can get in touch with a member of our team via the details provided here:

• Call us on 0800 073 8804.
• Contact us online by completing this form.
• Use the live chat button at the bottom of your screen.

Find Out More About Claims For Data Breaches

You can read more of our data breach claims guides here:

• Learn if you could be eligible to claim compensation after a job centre plus data breach and the steps you could potentially take.
• Find out who could be eligible to begin a local authority and council data breach compensation claim.
• Learn if you could claim compensation for a personnel records data breach with this guide.

We have also provided these external resources:

• Information on data protection and your business from GOV.UK.
• Guidance on mental health services from the NHS.
• Information on the ICO, GOV.UK

If you have any other questions on how to sue the government for a data breach and the eligibility criteria that need to be met in order for you to have valid grounds to do so, call our team.

This guide talks you through the accident at work claims process. If you have suffered an occupational injury from a workplace accident, you may be entitled to claim compensation.

Firstly, we look at the pre-action protocols and what is involved in the accident at work claims process. Following this, we explain when someone may be able to begin the claims process by stating the claims eligibility criteria that need to be met.

Then, to give you a better idea of what types of workplace accidents you could potentially claim compensation for, we provide examples of how an employer could be liable for your accident and injuries sustained.

Also, we provide an explanation of how settlements are calculated after a workplace injury claim is successful. Additionally, you will discover the benefits of making a personal injury claim with one of our No Win No Fee solicitors.

To talk about your circumstances, you can contact our team of advisors. They are on hand 24/7 to offer you advice and guidance through one of the below contact methods about what next steps you can take. They could also connect you to our solicitors if they confirm that your workplace injury claim is eligible:

• Call 0800 073 8804.
• Complete the claim online form to receive a callback.
• Type a message in our live chat feature in the corner of the screen.

Jump To A Section

1. How Does The Accident At Work Claims Process Work?
2. When Could You Be Eligible To Make A Personal Injury Claim?
3. Examples Of Workplace Accidents
4. What Could You Claim For Workplace Injuries And Illness?
5. How To Claim With A No Win No Fee Solicitor
6. Further Information On The Accident At Work Claims Process

How Does The Accident At Work Claims Process Work?

As part of the accident at work claims process, the Pre-Action Protocol for Personal Injury Claims must be followed. This is a list of actions that must be undertaken or followed before a case can be heard in court, as it helps to show the court that everything was done to resolve the matter before proceedings being issued.

• A Letter of Notification will be sent to the defendant to let them know that you are making a compensation claim against them.
• Rehabilitation should be done as soon as possible. This is where all parties consider whether the claimants needs rehabilitation or medical treatment.
• A Letter of Claim will be sent to the defendant to let them know formally that a compensation claim has been issued against them. Within the letter of claim are the facts of the case, including what injuries the claimant has suffered.
• A response is required from the defendant within the following 21 working days. The defendant then has 3 months from the date of acknowledging the Letter of Claim to carry out their investigations.
• Disclosure – this is where any issues that are being disputed or information that could clarify or solve any issues are exchanged.
• The claimant will attend an independent medical assessment so medical experts can produce a medical report.
• While negotiations are taking place, a Part 36 Offer can be made. This is where both parties put forward an offer so they can settle pre-proceedings.
• Where both parties cannot reach an agreement, Alternative Dispute Resolution methods, such as arbitration and mediation, can be used. If this doesn’t work then the case will have to go to court.

A personal injury solicitor could help you with carrying out these steps on your behalf, should you decide to work with one. To see if you may be eligible to work with one of our solicitors, you can contact our advisors.

When Could You Be Eligible To Make A Personal Injury Claim?

Every employer owes their employees a duty of care, as outlined in the Health and Safety at Work etc. Act 1974. To abide by this duty of care, employers have to take reasonable steps to ensure the safety of their employees while they’re working. Some of these steps may entail performing regular maintenance checks on equipment and facilities, implementing health and safety regulations, and providing the appropriate training and Personal Protective Equipment (PPE) that employees require to do their tasks appropriately.

Thus, here are the personal injury claims eligibility criteria that you must meet to be able to make an accident at work claim:

1. An employer owed you a duty of care.
2. This duty was breached
3. As a result of this breach, you were injured.

What Evidence Could Help You Make A Claim?

Here are some types of evidence that is useful to have to help prove your accident at work claim:

• A copy of the report in the workplace logbook recording your accident.
• CCTV footage of your accident.
• Witness details from possible witnesses who saw your accident and how you were injured. They could possibly provide a statement at a later date.
• Copies of your medical records to show the extent of your injury and the treatment you needed.
• Taking photographs of visible injuries and the accident scene.

One of our personal injury solicitors could help guide you through the accident at work claims process, including helping you to gather evidence. If you seek compensation for your workplace injuries, contact our team to discover whether you can be connected to one of our solicitors.

How Much Time Do You Have To Claim?

In general, you have 3 years to begin a personal injury claim after an accident at work, as outlined by the Limitation Act 1980. The accident at work claims time limit commences from the date you had your accident.

However, the time limit will be paused for a couple of circumstances. These circumstances are if the claimant:

• Was under 18 years old when they were injured. The time limit will recommence from their 18th birthday.
• Lacks the mental capacity to make a claim. The time limit will recommence if or when the claimant regains this mental capacity.

For both of these circumstances, a court-appointed litigation friend may be able to represent the case on the claimant’s behalf while the time limit is paused.

You can find out more information about the accident at work claims limitation period by contacting our advisors today.

Examples Of Workplace Accidents

Here are some example scenarios of how you could be injured at work due to your employer not adhering to their duty of care:

• Falls from heights. For example, your employer gives you a known faulty ladder to use on a construction site. One of the rungs on the ladder breaks as you are using it you fall from the top. This could lead to serious injuries like a brain injury or paralysis.
• Machinery or vehicle accidents. For example, in a warehouse, your employer asks your colleague to use a forklift truck without giving them any training on how to do so. Since your colleague does not know how to operate the vehicle, they accidentally run over your foot by steering too sharply. This could lead to leg and foot injuries and possibly amputation.
• Manual handling accidents. For example, in a retail shop, your employer instructs you to manually lift and carry a heavy delivery load that is too tall to see over the top of. Due to this, you suffer a back injury due to improper lifting technique.

To find out whether you can begin the accident at work claims process today, you can contact our advisors.

What Could You Claim For Workplace Injuries?

For a successful accident at work claim, there may be up to two heads of loss which you could claim in compensation.

General damages is the first head of loss, which is always awarded in a successful case. General damages reimburses you for the physical injuries and psychological injuries you have suffered due to your employer breaching their duty of care. When general damages are being assessed, some of these factors are considered:

• What the initial severity of the injury is.
• If the injured person’s quality of life has changed.
• What treatment is needed and what the estimated recovery time is.

At some point throughout the accident at work claims process, you may be invited to an independent medical assessment in which a private medical professional will conduct a medical report of your injuries and prognosis. This may used alongside Judicial College Guidelines (JCG) to help those valuing this head of your claim. The JCG is a publication with varying guideline compensation figures for different injuries.

Guideline Compensation Table

We have included a compensation table with information from the JCG (apart from the top line, which is not from the JCG). These are just some of the types of injuries that one might suffer following an accident at work. However, all of these figures are guidelines, as each case is unique.

Examples Of How Special Damages 

Special damages is the second head of loss, which is only sometimes awarded in a successful case. Special damages reimburses you for the financial losses you have suffered due to your injuries. Here are a few examples of financial losses that your injury could cause you:

• Loss of earnings, if you needed to take time off work to recover.
• Car or home adaptations, such as the installation of a ramp.
• Medicine, such as prescription gees.

It is important to collect evidence of your injury’s financial losses in the form of receipts, invoices, payslips, or bank statements to help support your claim for special damages.

Contact us today to discover how much compensation you could potentially receive for your claim. They can also answer any questions you may have regarding the accident at work claims process.

How To Claim With A No Win No Fee Solicitor

If you contact our advisors, they could inform you whether you are eligible to make an accident at work claim. If you seem to have a strong case, they could connect you with one of our specialist personal injury solicitors who could help guide you through the accident at work claims process.

Our personal injury solicitors can offer to work on your case on a specific type of No Win No Fee agreement called a Conditional Fee Agreement (CFA). What this means for you is that you are generally not required to pay legal costs for your solicitor’s work:

• Before the case.
• During the claims process.
• If your claim does not win.

Instead, if your claim is successful, then a success fee will come out of your compensation before it is awarded to you. The success fee is a legally capped percentage of your compensation. This legal cap helps ensure that the majority of your compensation stays with you.

Speak To A Member Of Our Team Today 

If you have any further questions regarding the accident at work claims process, you can contact our advisors for free today. They can also provide you with free advice for your specific personal injury claim. To connect with them today, you can:

• Call 0800 073 8804.
• Complete the claim online form to receive a callback.
• Type a message in our live chat feature in the corner of the screen.

Further Information On The Accident At Work Claims Process

You can access further information about accident at work claims with these resources below:

Our similar guides:

• Find out whether you can make an accident at work claim if you have left the company that you are suing.
• Learn who is responsible for paying your medical bills if you have been injured at work.
• See whether you can claim compensation if you did not take time off work for your injuries.

External resources:

• Health and Safety Executive (HSE) – a guide on assessing and managing risks at work.
• NHS – guidance on when you should administer first aid to an injured person.
• Gov. UK – information on how to claim Statutory Sick Pay (SSP) for missing time off work due to an injury.

Hopefully, you have found this guide helpful and have acquired new knowledge about what to do if you have been injured in an accident at work. Don’t forget that you can talk to us for free should you need more guidance or support about the accident at work claims process.

The government’s Whiplash Reform Programme was introduced in 2021 with the aim of speeding up the small claims process and reducing costs.

We conducted an investigation to see if the programme was on track with its aims and intentions. LegalExpert.co.uk however found that, since its launch, there has been a host of issues with the online claims portal including delays in settlements and a backlog of unresolved claims.

Below are the results of our research.

Is the Whiplash Reform Programme in need of urgent reform?

There are huge delays and a backlog of more than 400,000 unresolved claims since the introduction of the Whiplash Reform Programme 2021, an investigation by legexpert.co.uk has found.

System pitfalls are resulting in fewer claims being processed and insurance premiums are skyrocketing despite promises they would be reduced following the reform programme.

An online personal injury claims portal was introduced by the Ministry of Justice in 2021 as part of the Whiplash Reform Programme in which small claims could be processed online without the need to go to court or for legal representation. 

It touted faster claim processing times as well as a promise to clamp down on fraudulent whiplash claims.

What’s more, insurance companies stood to save a lot of money from these reforms but the government vowed that these savings would be passed on to drivers through lower premiums. 

Prior to the reforms, the insurance industry claimed that lower-value personal injury claims were responsible for rising motor premiums. 

But our investigation has found that not only have insurance premiums continued to rise, the majority of small claims still need to be processed.

We found that a total of 702,904 claims have been made since the portal launched. Only 130,593 claims were for whiplash only. 

The latest figures up to December 31st, 2023 show that 406,169 personal injury claims are currently ongoing.

Latest figures for Whiplash Portal Performance

A mere 190,686 have been ‘settled and closed’, meaning that the process is complete. 

A total of 103,867 claims have been rejected or ‘exited the process.’ The majority of which (964) exited with the reason as ‘rejected liability,’ meaning the compensator did not accept liability and the claimant therefore ended their claim.

46,652 claims were ‘removed’, meaning they were deemed unsuitable for the process for one of a number of reasons.

Delays prompted an inquiry from the House of Commons Justice Committee in which committee chair, Sir Bob Neill, said the portal was not meeting the government’s aim to simplify and speed up the claims process. 

The committee also mentioned that the government estimated its whiplash reform programme would save more than £1.2bn from the cost of providing motor insurance, with that saving passed on to motorists. 

But such savings are not to be seen. 

So who is responsible for invoking change?

We found that the new claims portal is operated by the Motor Insurance Bureau (MIB) under the regulation of the Ministry of Justice. However, the portal itself has been set up by a private company, Official Injury Claim Limited (OICL) which then contracts the work to the MIB. The MIB is funded by insurance premiums, which raises concerns over a potential conflict of interest between the processing of claims and those responsible for paying out compensation.

The firm stipulates that it is a not-for-profit organisation. However, the very fact that the firm is private means that there is technically no legal obligation to be held accountable for any delays or backlogs. 

That being said, of course, regulations will be upheld by the MIB – but there appears to be a clear lack of urgency. The Motor Insurance Bureau has been contacted for comment. We are awaiting a response. 

Specialist legal advice and support to anyone who has experienced whiplash or other injuries in a car accident can be found on our website. 

Last Updated On 14th May 2025. This guide answers the question, “Can patients claim for falling out of bed in hospital?”. Falls are a recognised risk in hospitals, and there are policies put in place so that these risks can be identified and reduced as much as possible. If steps are not taken when they should be to reduce the risk of falls, and a patient is injured from this, then this may constitute hospital negligence. 

Firstly, we establish when someone could be eligible to begin a hospital negligence claim. Then, we look at how the risk of falling out of bed in a hospital can be minimised.

We also look at what avoidable harm (harm that should have been prevented) and injuries can be sustained if a patient does fall in the hospital. Following this is the explanation of how compensation is calculated when a hospital negligence claim is successful. 

Lastly, we tell you how patients can claim for falling out of bed in the hospital with one of our No Win No Fee solicitors and the benefits of claiming with a solicitor on this basis. 

For free advice on compensation claims for hospital negligence, here is how you can talk to our advisors, who have knowledge of medical negligence cases:

• Call 0800 073 8804. 
• Message in our live support chat on the screen. 
• You can also contact us online by entering your details here. 

Jump To A Section:

1. Can Patients Claim For Falling Out Of Bed In Hospital?
2. Preventing Patients Falling Out Of Bed In Hospital
3. How Could A Patient Be Injured By Falling From A Bed?
4. How Do You Prove Hospital Negligence?
5. Examples Of Payouts For Falls In Hospital
6. Can Patients Claim For Falling Out Of Bed In Hospital With A No Win No Fee Solicitor?
7. Learn More About Claiming For Accidents And Injuries In Hospital

Can Patients Claim For Falling Out Of Bed In Hospital?

Patients are owed a duty of care by all medical professionals who treat them as well as all health care providers such as hospitals. 

To conform to their duty of care, medical professionals and healthcare institutions must give patients the correct standard of care. If a patient receives a standard of care that is below the minimum expectation, and they suffer avoidable harm because of this, then this is hospital/medical negligence. 

As such, to be eligible to claim compensation, you must prove these criteria:

1. You were owed a duty of care.
2. This duty was not adhered to.
3. You suffered avoidable harm directly because of this.

Not all circumstances of a patient falling out of a bed would mean that hospital negligence has happened. For example, a patient could still fall out of bed even if medical professionals have provided the correct standard of care, such as following through with risk assessment measures.

Hence, you can chat with our advisors today to confirm whether you are eligible to claim compensation for negligence. 

Hospital Negligence Claim Time Limit

To have a valid hospital negligence claim, the Limitation Act 1980 states that you must begin making a claim within the limitation period. For hospital negligence claims, this is 3 years from either the date you suffered hospital negligence or from the date there was an awareness that hospital negligence occurred. 

This standard time limit will always apply unless the claimant is under 18 years of age or if they lack the mental capacity to be able to claim. In this case, the time limit will be paused, and a litigation friend can be appointed to pursue the case during this time. 

You can learn more about the hospital negligence claims time limit and its exceptions by talking to our team. 

Preventing Patients Falling Out Of Bed In Hospital

When patients are admitted to the hospital, risk assessments should be carried out by hospital staff to consider whether they are at risk of falls. Certain factors like age, medication, and treatment can make them more vulnerable patients to falls. 

Bed rails should be present when it is decided from the risk evaluation the benefits of them being in place are greater than the risks. They are attached to the sides of hospital beds to prevent a patient from rolling, falling, or sliding out of bed. 

Here are a couple of examples of how a healthcare provider could breach their duty of care by not taking reasonable steps to prevent vulnerable patients from falling out of bed in a hospital:

• A nurse didn’t put bed rails up on the bed of an elderly patient with reduced mobility because there were no risk assessments conducted.
• The nurse changing the bed sheets of a patient who has just come out of major surgery forgot to put the bed rails up again once the patient was assisted back into bed. 

If you have been injured from falling out of a bed in a hospital and believe this happened due to similar circumstances mentioned above, don’t hesitate to contact our advisors today. 

How Could A Patient Be Injured By Falling From A Bed?

Here are some common injuries that a patient could sustain after falling out of a hospital bed:

• Head injuries. Sometimes, depending on the impact of the fall, a severe brain injury could be sustained. 
• Pelvic or clavicle injuries. 
• Fractured or broken bones. 
• Scarring.

To find out whether you can claim compensation for the injuries that you have sustained from a fall in a hospital, please speak with our hospital negligence team. They will give you a free consultation on your case. 

How Do You Prove Hospital Negligence?

You can prove hospital negligence occurred by providing supporting evidence. As well as showing liability, the evidence you gather will also help solicitors to determine a potential compensation figure accurately.

Examples of evidence that could be used when seeking compensation for falling out of bed injuries include:

• Your medical records will show your age, whether you had reduced mobility and if you were prescribed any medications that impacted your coordination. You can also provide evidence of any subsequent treatments for any injuries sustained after your fall. This can include your patient notes, surgical reports and copies of scans that were performed.
• CCTV footage, if available, could show hospital staff failing to put up the bed rails.
• Any findings from the Bolam test, if used.
• Your solicitor could gather witness statements from those present at the time of the incident. Make sure you have their up to date contact information so they can be reached during the claims process.

The bolam test involves relevantly trained medical professionals assessing the level of care you, or your loved one received, and deciding whether the correct standard was met. This isn’t something that is used all the time and you won’t need to worry about organising it yourself.

To find out more about gathering evidence, and to ask our advisors, “Can patients claim for falling out of bed in hospital?” call us today using the number given below.

Examples Of Payouts For Falls In Hospital

When a hospital negligence claim is successful, the effects that you could be compensated for can be split into two heads of loss. 

General damages is the head of loss that is always awarded. General damages compensate for the physical and psychological effects of the avoidable harm that has been sustained due to a breached duty of care. Here are some factors of these effects that are taken into consideration when general damages are being calculated:

• The pain’s severity. 
• The medical treatment you need and how long the treatment will take. 
• How your quality of life changes. 

While general damages are calculated, an independent medical assessment will be conducted and compared to the guidelines from the Judicial College (JCG). The independent medical assessment will be conducted as part of the hospital claims process. The JCG is a publication that has guideline compensation values for all sorts of physical and mental injuries and illnesses.

Compensation Table

For your guidance only, we have included guideline compensation values from the JCG (only the top value is not from the JCG) for different injuries that could be sustained following falls from hospital beds. However, none of the figures included can be guaranteed for any claim since every case is completely unique. 

Special Damages

Special damages is the head of loss that is only sometimes awarded and compensates for the financial effects of the avoidable harm that has been sustained due to a breached duty of care. For example, a financial cost that could occur is loss of earnings if the avoidable harm has extended your hospital stay, therefore requiring you to have more time off work. 

Because special damages are not always awarded when a claim is successful, having evidence of the finances you have lost due to avoidable harm is very important. Payslips, receipts, invoices, and bank statements can all be gathered as proof. 

So, give us a call at a time that suits you to find out what you could receive compensation for if your hospital negligence claim turns out successful. 

Can Patients Claim For Falling Out Of Bed In Hospital With A No Win No Fee Solicitor?

The answer to the question, “Can patients claim for falling out of bed in a hospital with a No Win No Fee solicitor?” is yes. If our advisors confirm that your hospital negligence compensation claim is eligible, then you will be connected to our specialist solicitors. They particularly offer their services under a Conditional Fee Agreement (CFA). A CFA is a No Win No Fee agreement type. 

You will benefit from having a solicitor offer their services under a CFA by not being charged for these services before or during the claims process or if your claim is unsuccessful. 

Instead, your solicitor will take a success fee from your compensation if your claim is successful. Success fees are a percentage that is legally capped to ensure you always receive the majority of your compensation value.  

Contact Us

If you or someone you know has been harmed due to falling from a hospital bed, and you believe it was a healthcare provider’s fault, contact us today. Our medical negligence team of advisors are available to discuss your case with you. They can potentially point you in the right direction to claim compensation. 

• Call 0800 073 8804. 
• Message in our live support chat on the screen. 
• You can also contact us online by entering your details here. 

Learn More About Claiming For Accidents And Injuries In Hospital

Our guides about claiming medical negligence compensation:

• Find out how to prove hospital negligence claims and the types of evidence that are best to collect.
• If you experienced medical negligence in a private hospital, see how you can claim compensation.
• Browse some different examples of hospital negligence for more information on how hospital staff could cause avoidable harm by breaching their duty of care.

Information from external sites:

• Gov.UK – find out how to claim Statutory Sick Pay (SSP) if you have had time off work.
• NHS – a leaflet on reducing falls in hospitals, how hospital staff conduct risk assessments, and the use of bedrails.
• General Medical Council (GMC) – what good medical practice is expected from doctors.

Thank you for reading our guide today. We hope to have answered the question, “Can patients claim for falling out of bed in hospital?”. If you need more questions answered or further advice, please feel free to speak to our advisors at any time. 

This year (2024) will mark the first ever parliamentary inquiry into Birth Trauma and Birth Injuries in the UK.

According to NHS Resolution, maternity compensation claims actually represent the highest value and highest number of clinical claims? So why is it that the issue is a “real taboo”, as MP Theo Clarke, chair of the Birth Trauma inquiry says.

LegalExpert conducted an investigation into the issue to find out the mortality rates of mothers in the last three years as well as the amount of birth injuries they suffered. In addition, we asked about the amount of compensation each NHS trust had paid out in relation to such claims.

Birth Injuries UK

We submitted Freedom of Information Requests to all NHS Trusts in the UK and asked for data between 1 November 2021 to 1 November 2023.

We defined ‘birth injuries’ in terms of the most common types which are; brachial palsy, bruising or forceps marks, caput succedaneum, cephalohematoma, facial paralysis and subconjuctival haemorrhage.

We also spoke to the CEO of the Birth Trauma Association, Kim Thomas who said: “Birth trauma wasn’t talked about at all until relatively recently and many women tell us they were completely unaware of, for example, the possibility of sustaining injuries as a result of birth.

“We think this is partly because there is a widespread attitude that we shouldn’t make pregnant women feel frightened of labour, but also because there is a tendency to trivialise and ignore women’s health problems. When women do develop trauma symptoms after birth, they are often told by others to “move on” and to feel grateful that they have a healthy baby.” 

LegalExpert’s Investigation revealed the latest figures for birth injuries across UK NHS Trusts,  as well as how much compensation has been paid out to sufferers. See examples of our findings below, please check back as we update this page regularly with new data.

Frimley Health Trust

The NHS Trust in Surrey has paid out £35 million in birth injury compensation in the past two years, between November 2021 and November 2023. 

During that time, Frimley Health NHS Foundation Trust saw 236 incidents of 3rd and 4th-degree tears and a further 95 cases of postpartum hemorrhage.

The trust paid out a total of £34,503,004 in birth injury compensation between April 1, 2021 and March 31, 2023.

Liverpool Women’s NHS Trust

Liverpool Women’s NHS Trust has paid out £12 million in birth injury compensation in the past two years.

A total of £11,827,138 was handed out in obstetric claims between November 2021 and November 2023. 

During that time, there were 289 birth injuries recorded which could include anything from 3rd or 4th degree tears and/or postpartum hemorrhage.

Calderdale and Huddersfield NHS Foundation Trust

A West Yorkshire NHS Trust paid £15 million in birth injury compensation in the past two years.

Calderdale and Huddersfield NHS Foundation Trust confirmed it had paid a total of £15,152,542 in birth injury compensation (paid to the claimant alone) between November 2021 and November 2023.

The Trust also confirmed there were three mothers who died after giving birth during this time, although the causes have not been disclosed.

Wrighton, Wigan and Leigh Teaching Hospital NHS Foundation Trust

£1.5million was paid out by a Wigan NHS Trust in birth injury compensation in the past two years.

Wrighton, Wigan and Leigh Teaching Hospital NHS Foundation Trust paid £1,560,000 between November 2021 to November, 2023.

It also revealed that a total of 149 perineal tears were suffered by mothers following childbirth. Of those, 58 were first degree, 81 were second degree and 10 were third degree tears.

What’s more, around 30 women suffered pelvic fractures (this includes the public bone, coccyx or sacrum) during that time. 

Worcestershire Acute Hospitals NHS Trust

Worcestershire Acute Hospitals NHS Trust confirmed it has paid out a total of £7,575,272 between November 2021 and November 2023.

The trust reported a total of 926 2nd, 3rd and 4th-degree tears suffered by mothers after giving birth during that time.

Second degree tears affect the muscle of the perineum and skin and usually require stitches. But 3rd and 4th degree tears are often far more serious.

By Stephen Hudson. Last Updated 6th March 2025. Welcome to our article discussing common causes of manual handling injuries. In this guide, we take a look at injuries that could be caused by manual handling tasks, meaning transporting or supporting a load by hand or bodily force, which could include lifting, putting down, pushing, pulling, carrying or moving loads.

We also take a closer look at workplace accidents themselves, and how an employer failing to follow health and safety legislation could result in an employee suffering manual handling injuries. Employers have a duty to prevent manual handling injuries; if they fail to do this by breaching health and safety laws, they could be liable for any injuries that result. 

As the guide progresses, we discuss the duty of care employers owe their employees and the relevant legislation that enforces it.

We also discuss what an employer can do to reasonably prevent common causes of manual handling injuries. We end by highlighting common errors when it comes to manual handling tasks.

If you’ve been injured in a manual handling accident at work, you may have the right to claim compensation. Get in touch with our team for free advice and you can find out if one of our expert personal injury solicitors could help you on a No Win No Fee basis. Reach us through any of these routes:

• Call 0800 073 8804.
• Fill out our ‘claim online’ form.
• Talk to an advisor on live chat in the tab below.

Select A Section

1. Common Causes Of Manual Handling Injuries
2. Manual Handling accidents And Employer Responsibility
3. 3 Most Common Types Of Manual Handling Injuries
4. What Are The Signs Or Symptoms Of Manual Handling Injuries
5. What Role Do Employers Have In Reducing Common Causes Of Manual Handling Injuries?
6. How Can Workplaces Prevent A Manual Handling Injury?
7. Claiming For Manual Handling Injuries With A No Win No Fee Solicitor

Common Causes Of Manual Handling Injuries

The Health and Safety Executive (HSE), Britain’s national regulator for workplace health and safety, puts together annual statistics related to workplace injury and illness. They do this by recording accidents and injuries reported under the Reporting Of Injuries Diseases and Dangerous Occurrences Regulations 2013 RIDDOR. When certain reportable workplace accidents or injuries take place, the employer has a responsibility to report these under this law to the HSE. The HSE will then record these and publish the statistics each year. 

According to the HSE statistics obtained through RIDDOR, the second-highest cause of non-fatal injuries in 2022/23 was handling, lifting and carrying. This accounted for 17% of overall non-fatal causes of injuries.

Common causes of manual handling injuries, for example:

• No training is given, which means an employee suffers a back injury when they try to lift a heavy load.
• The load has no indication of its actual weight. An employee tries to pick up the load but realises it is too heavy, dropping it on their foot, causing several metatarsal fractures.
• An employee suffers a rotator cuff injury through constant manual handling work without taking any sufficient breaks or rest periods. 

Have you been affected by a similar scenario to one of these examples? Call the number above today and learn how, if you have a valid and successful personal injury claim, your settlement could potentially cover the physical pain, mental harm and financial losses caused by a workplace injury. Or continue to read this guide for more advice on common manual handling injuries. 

Manual Handling Accidents and Employer Responsibility

Now that we have outlined some of the common causes of manual handling injuries, you may be wondering what your employer’s responsibilities are to you in the workplace.

As we have stated, your employer must act in accordance with UK laws that aim to protect you from workplace injuries. Therefore, your employer should:

• Have open discussions with employees regarding risks in the workplace and outline measures that should be taken
• Organise, plan, control, review and measure any procedures that are in place to protect you or prevent harm to you
• Conduct risk assessments if they identify risks to their employees’ health and safety
• Provide employees with advice and material relating to health and safety practices
• Write a health and safety policy for the business (if it employs more than five people)
• Provide employees with free Personal Protective Equipment (PPE) where appropriate

You can call our advisors if you have any queries about your employer’s responsibilities. We understand that it may not always be clear to you whether your employer was at fault for your injury. This is why our advisors offer free advice and can explain the eligibility criteria for starting a claim in further detail.

Keep reading to learn more about workplace accidents, including the 3 most common types of manual handling injuries.

3 Most Common Types Of Manual Handling Injuries

The HSE also publish statistics that have been provided from the Labour Force Survey, which is a study of the employment circumstances of the UK population. Key figures for 2022/23 show that 561,000 non-fatal injuries were reported through the Labour Force Survey, with 124,000 causing workers to miss more than seven days of work.

Lifting heavy loads can lead to severe injuries for which a person can be left in chronic pain. 0.5 million workers suffering from work-related musculoskeletal disorders (new or longstanding) in 2022/23 reported by employees to the Labour Force Survey.

Common manual handling injuries include:

• Musculoskeletal disorders.
• Strains and sprains, or other soft tissue injuries.
• Hand injuries, such as broken fingers or other broken bones in the hand.
• Back injuries, spinal damage or slipped discs.
• Shoulder injuries.
• Cuts and lacerations.
• Ankle and foot injuries.

What Are The Signs Or Symptoms Of Manual Handling Injuries?

How do you know when you’ve suffered a manual handling injury at work? Sometimes, manual handling accidents will prompt severe and immediate pain with a clear cause. However, that isn’t always the case. Consider the following signs of injury from manual handling activities, for example:

• A back injury could be identified as chronic if the pain does not go away. Severe back pain, coupled with further issues like weak legs and loss of bladder control, could be symptomatic of a very serious affliction.
• A hernia occurs when an internal part of the body pushes through a weak area of the muscle or its surrounding tissue wall. 
• Broken bones  – according to the NHS, the 3 most common signs of a broken bone are pain, swelling and deformity. 

It’s advisable to seek medical advice after an accident or when injured. As well as making sure you get the right attention, a clear record of injuries and symptoms could be useful evidence in a personal injury compensation claim.

What Role Do Employers Have In Reducing Common Causes Of Manual Handling Injuries?

Employers might not be able to prevent all manual handling accidents, especially in industries where heavy loads have to be moved by hand or bodily force.

However, Section 2 of the Health and Safety at Work etc. Act 1974 states that employers must take reasonable and practicable measures to ensure their employees’ safety. A breach of that legal duty of care could leave employees at risk of manual handling-related injuries.

Employers should take further note of The Manual Handling Operations Regulations 1992 (MHOR), which says in Regulation 4 that, so far as is reasonably practicable, employers should avoid the need for employees to carry out manual handling operations which put them at risk of workplace injury or where it is not reasonably practicable to avoid the need take steps to reduce the risk. 

In the event that an incident results from unsafe practices and is reported, the HSE may investigate. Potential HSE enforcement action against an employer breaking workplace safety law could cost the employer money or even see individuals prosecuted.

You could have grounds to make an accident at work compensation claim if you can show that a breach of the duty of care your employer owes you led to your injuries. To find out more about how to make a claim, and how our No Win No Fee solicitors can help you, please call the number above any time.

How Can Workplaces Prevent A Manual Handling Injury?

With the above in mind, what reasonable steps can employers take to prevent common causes of manual handling injuries? There are numerous options for helping lessen the risk of injuries, such as:

• Providing the option of operating machinery to complete a task instead of manual lifting, where possible.
• Performing regular risk assessments should allow employers to highlight hazardous manual handling tasks and put in safety measures. Potential lifting accidents could be avoided through a thorough risk assessment.
• The employer should always provide proper training where it is deemed necessary so the employee can do their job safely. The employees should always follow and execute this training correctly to avoid injury to themselves and others.
• Always follow guidance given doing a two-person lift alone is a serious risk of injury. A risk assessment should highlight how many people are needed for a job.
• Giving appropriate equipment to help with lifting heavy objects, such as protective footwear or gloves. Employers should also remove or repair defective work equipment if they are made aware of an issue.
• Give the right training to teach employees about manual handling work and how to avoid incorrect lifting.
• Removing obstacles and ensuring lighting is adequate.
• Sharing the load between multiple employees if a load is too heavy. Legislation does not set specific weight limits, but the HSE provides manual handling guidance with suggested figures.
• Not giving employees repetitive tasks in order to reduce risk of chronic strain.

Claiming For Manual Handling Injuries With A No Win No Fee Solicitor

Those eligible to claim for common causes of manual handling injuries could seek the support of a solicitor. One of our No Win No Fee solicitors could help with your work injury claim under a Conditional Fee Agreement (CFA).

A benefit of claiming under a CFA is that your solicitor won’t need payments for their services either upfront or while your case is being processed. If your compensation claim is not successful, then you usually still won’t need to pay for your solicitor’s work.

If your work injury case is successful, your solicitor will take a success fee. That involves them taking a small percentage from your compensation. The way the success fee works is established in the agreement signed with your solicitor. The small percentage your solicitor will take is legally capped to make sure that you get to keep most of your compensation.

Contact our advisors today to learn more about making a work injury claim with a No Win No Fee solicitor. You can also ask other related questions, such as “what are the most common manual handing injuries?” To reach us:

• Call 0800 073 8804.
• Write to us about your potential claim online so we can call you.
• Use the live chat feature on this page.

More Resources 

Here are some further workplace accident claim guides from our collection:

• If you suffered a back injury caused by no health and safety training, we explain how to claim.
• A look at part-time worker accident claims and what your rights are if you do not work full-time.
• Plenty of detail on how our accident at work solicitors can help you.
• We also have a guide on claiming compensation for a transportation and logistics accident.

Also, try these resources:

• How to report a health and safety concern to the HSE.
• Government advice on how to claim Statutory Sick Pay if you miss work through injury.
• NHS guidance on when to call 999 for injuries.

Thank you for reading our guide on common causes of manual handling injuries. If you have any questions about making a compensation claim for your injuries in the workplace, please call any time.