NHS Accident At Work Claims Guide
By Lewis Cobain. Last Updated 8th March 2024. The NHS is one of the primary employers in the United Kingdom. If you work for the NHS and you have been injured or suffered an illness because of negligence, then there is potentially a chance that you would be entitled to compensation.
In this guide, we look at the steps you can take to claim for an injury at work if you work for the NHS. We consider the claims process, how you can get legal help from our No Win No Fee solicitors, and we also look at NHS staff compensation payouts.
Here at Legal Expert, we have many years of experience in the personal injury sector and we have helped many people to make claims for compensation. All you need to do is give us a call on 0800 073 8804 to find out more.
Or you can contact us regarding your claim online.
Select A Section
- About The NHS And Its Responsibilities To Staff
- What Is A Work-Related Injury?
- What Is The NHS Injury Allowance?
- The Most Common Causes Of Work-Related Injury At The NHS
- Potential NHS Staff Compensation Payouts For An Injury at Work
- What Else Can NHS Staff Compensation Payouts Include?
- Can I Make A No Win No Fee Claim For An Injury?
- How Long Do I Have To Claim For An NHS Injury At Work?
- Speak To Our NHS Accident Claims Specialists
- Frequently Asked Questions (FAQ)
- Further Resources For NHS Staff Injured At Work
About The NHS And Its Responsibilities To Staff
The National Health Service is not only one of the biggest employers in the United Kingdom, it is actually one of the largest employers in the world and the biggest in Europe. At present, there are more than 1.3 million people working for the NHS. A typical day for the NHS includes 36,000 people in hospital for planned treatment, 94,000 people admitted to hospital as an emergency admission, 49,000 outpatient consultations, almost 50,000 people visiting accident and emergency departments, and more than 835,000 people visiting their practice nurse or GP practice. These statistics alone should give you an understanding of just how demanding it is to work in the NHS.
Despite this, the NHS is still an employer and therefore it still needs to comply with the rules and regulations that are in place regarding health and safety in the workplace. If you work for the NHS, and you feel that they have let you down through unsafe practices or negligence, which has led to an injury or illness you may be eligible for damages. In this guide, we will information that you may need to know about if claiming for accident at work compensation.
This includes information on specific examples of types of accidents that you could happen, for example, slips trips and falls, manual handling accidents, as well as illnesses caused through stress, NHS staff assault, and violence against NHS staff. We will also explain how the claims process works, as well as giving you an insight into the level of compensation that you may be entitled to. If you still have any questions by the time you finish reading this guide, please do not hesitate to get in touch with us for some more information.
What Is A Work-Related Injury?
So, what actually counts as an injury at work while employed by the NHS?
Well, this simply relates to any sort of accident that has happened at your place of work in NHS that may have caused you to be injured or ill.
Not all accidents that take place though will be the result of your employer’s negligence.
In order to pursue a claim for an accident at work it must be proven that your injury from the accident suffered was due to negligence or error of your employer.
What Is The NHS Injury Allowance?
When it comes to making an NHS workplace accident claim, the procedure is slightly different when compared to making a standard claim. One of the reasons for this is that there is an NHS injury allowance.
For those that are unaware, this is a separate type of benefit that NHS workers could potentially claim in addition to what they could be awarded for their compensation claim. The NHS Injury Allowance gives staff members support if they have sustained a health condition, disease, or injury that is related to their work.
Nevertheless, it is worth noting that a lot of NHS staff will not be eligible for this scheme. For example, agency staff, dental practice workers, and GP staff are not usually eligible for the NHS injury allowance. The allowance is only designed to top up your sick pay or your earnings when you are in the midst of a return (phased) of up to eighty-five percent of your pay.
The Most Common Causes Of Work-Related Injury At The NHS
Examples of accidents leading to injury or illness that could potentially take place in the NHS will be discussed below. We are now going to take a look at examples of accidents and injuries in further detail to give you a better understanding. Do not worry if your specific accident is not mentioned, just call us, and we could tell you straight away if you are eligible to claim. In order to build a case for compensation for an accident that has happened at work, that has caused an injury or illness it must be proven that your employer or another employee who owed you a duty of care has breached it. This breach then has led to your accident leading to an injury. Your employer in some way must have acted negligently which caused your illness.
Here are examples of injuries or illness that may potentially occur;
- Injuries that have been caused because of faulty equipment that has not been removed from service or repaired.
- Muscular injuries that have happened while moving and handling patients due to no manual handling training.
- Tripping accidents from items left on floors and hazards within the busy wards and corridors.
- Slipping accidents from wet floors without warning signs.
If you are unsure whether you accident that happened was due to negligence call us today and we will discuss your case with you.
I Slipped While Working For The NHS, Can I Claim?
One of the most common types of injuries suffered in any workplace is the slip or trip injury. In fact, out of all of the workplace accidents that happen in the United Kingdom, slips and trips account for roughly 40% of these.
There are many different ways that a slip, trip, or fall accident could happen. For example, you could trip because someone has left something unattended in the corridor and this has caused you to have a nasty accident. You may have also slipped because of a wet floor that was not cleaned up properly or no warning signs put out. If you fall due to the negligence of another, who owed you a duty of care and you are injured you may be able to make a claim for damages.
I Hurt My Back Working For The NHS, What Am I Entitled To?
If you have suffered a manual handling accident due to not being trained comprehensively on how to move, lift, carry etc items then you may have grounds to pursue a claim. All employers, need to make sure that they provide their staff members with the right level of training and information that is needed to carry out every task.
They also need to provide them with the correct equipment, and they need to make sure that this equipment is maintained properly too. If they have failed to do this and you have been injured as a consequence, call Legal Expert today to see if you are able to claim for compensation.
Claims For Violence Against NHS Staff
The NHS make a dedicated effort to ensure that the risk of an assault is reduced. Most hospitals now have security guards available if there is an abusive patient. If you are attacked by a violent patient but are unsure who is liable then please call Legal Expert today.
Injuries Caused By Faulty Equipment Or Hazardous Substances
As an NHS worker, it is likely that you are going to be using a wide range of equipment and you will may potentially come into contact with a variety of substances.
This is why it’s so important that correct procedures are followed so that you do not end up suffering an injury or an illness.
If you are made ill due to the exposure of a dangerous substance or you are injured due to equipment not being maintained, repaired or replaced then call us and speak to an advisor who will offer you a free consultation to see if you may have a valid claim.
Sharps And Needlestick Injuries
There are lots of rules and regulations in place regarding handling needlesticks and similar equipment within the hospital or medical environment. It is vital that these safety procedures are adhered to at all times so that employees and visitors to the hospital are not exposed to needlestick injuries. If you have experienced a needlestick injury due to the fact that safety measures have not been followed i.e. the needlestick may have been put in the incorrect bin, then you may have the basis for a claim for damages.
Potential NHS Staff Compensation Payouts For An Injury at Work
In a successful workplace injury claim, you may receive compensation for general and special damages. General damages account for the pain and suffering inflicted by your injuries, whereas special damages focus on any financial losses caused by your accident and injuries. For example, if you suffer a loss of earnings, you may be compensated, but only if you have evidence such as payslips.
To calculate general damages compensation for injuries at work, legal professionals can use the compensation amounts featured in the Judicial College Guidelines (JCG). Figures from this document are shown in the table below; however, please note that the figures should only be used as guidelines.
| Injury | Description | Amount |
|---|---|---|
| Paralysis | Paraplegia | £219,070 to £284,260 |
| Brain damage | (c)(i) Moderate brain damage | £150,110 to £219,070 |
| Digestive system | (b)(i) Illness – Severe toxicosis | £38,430 to £52,500 |
| Neck | (b)(ii) Moderate | £13,740 to £24,990 |
| Back | (c) – Minor (i) | £7,890 to £12,510 |
| Shoulder | Clavicle fracture | £5,150 to £12,240 |
| Sight | (h) Minor eye injury | £3,950 to £8,730 |
| Psychiatric damage | (d) Less severe | £1,540 to £5,860 |
| Mental anguish | When you think your lifespan may be reduced, or that you may die | £4,670 |
| Chest | (g) Rib fracture/damage to the soft tissue | Up to £3,950 |
If you would like legal advice on potential NHS staff compensation payouts, get in touch with our advisors at any time. Otherwise, continue reading to find out how to claim compensation for injuries at work.
What Else Can NHS Staff Compensation Payouts Include?
Payouts for NHS staff injuries are not always limited to figures that address their physical pain and mental suffering. If you work for the NHS, then an injury at work that was caused by negligence has the potential to impact other areas of your life. For example, your finances may be affected due to certain costs and losses that occur as a direct result of your injuries. If so, then you could be reimbursed for them. The figure that’s calculated to address these expenditures is called special damages.
Below, we have included some examples of what special damages may be included in NHS staff compensation payouts following a successful claim.
- Loss of earnings – Your injuries could make it difficult or even impossible to return to work for a certain period of time. Alternatively, if your injury is severe enough, it’s possible that you may never be able to return to work. In any of the above circumstances, you could be reimbursed for any earnings that you were unable to receive due to your injuries. In the event of a permanently disabling injury, you may even receive an amount that reflects how much you could have earned until the age of retirement.
- Medical costs – For prescription costs if you require painkillers, antibiotics, or other medications that aid in your recovery. Other examples include some private healthcare procedures that weren’t available on the NHS.
- Travel costs – For instance, you may have had to make use of public transport or taxis if your ability to drive yourself has been impacted by your injuries.
It’s important to maintain detailed records regarding these costs. Payslips and receipts are good examples of what you can submit to prove that the expenditures took place. Without sufficient proof, you may not be able to be reimbursed.
For more information on what NHS staff compensation payouts could include, get in touch with our advisors at any time.
Can I Make A No Win No Fee Claim For An Injury?
One of the main reasons why so many people choose Legal Expert when they have been injured in the workplace is because we offer a No Win No Fee service. If you have never heard of this before, this simply means that you do not need to pay us any legal fees if we do not manage to secure compensation for you.
Essentially, you can have complete peace of mind knowing that you are only going to be paying for a winning service when you team up with Legal Expert. We recognise that a lot of people are worried about making a claim for compensation because they cannot afford the solicitors’ fees.
They panic that they could spend all of this money on a personal injury solicitor and then, in the end, they may not have any compensation to show for it. This is an understandable concern and that is why we aim to eradicate it by offering a 100% No Win, No Fee approach.
How Long Do I Have To Claim For An NHS Injury At Work?
Whether you work for a private healthcare company or the NHS, an injury at work could leave you suffering harm or loss. If you are eligible to make a claim, you must start one within a certain limitation period. Failure to do so could result in your claim being statute-barred.
For personal injury claims, the Limitation Act 1980 states the limitation period is generally three years from the date the injury occurred.
There are exemptions to the time limit. For example, someone who lacks the mental capacity to claim would not be subject to a time limit. The time limit would only begin if they regain their mental capacity. A litigation friend, such as a parent or family member, may make a claim on their behalf.
A litigation friend could also act on behalf of someone under the age of 18, as they are not able to pursue a claim themselves. Once they turned 18, they would have the usual 3 years apply to start a claim if one has not been started already.
If you have any questions following an injury at work at the NHS or a private healthcare company, our advisors are available to talk to free of charge.
Speak To Our NHS Accident Claims Specialists
If you are ready to make a personal injury claim, we are ready and waiting to assist, all you need to do is dial 0800 073 8804 today. Alternatively, leave your contact information and we will call you back as soon as possible, or simply use the live chat feature on our website.
Frequently Asked Questions (FAQ)
Below, you can find answers to some questions we often get asked.
Can I sue the NHS as an employee?
If you have evidence that your employer’s negligence resulted in your injury, then you could make a claim against them. This is even true if your employer is the NHS. For example, a medical professional may have experienced a back injury at work.
The NHS can still be at fault for this. For example, if they did not supply their staff with proper training with regards to the moving of patients. Alternatively, you may have slipped and fallen in an NHS facility due to a wet floor.
As long as you have evidence to prove they breached the duty of care they owed you resulting in you sustaining harm, you may be eligible to seek compensation.
Do the NHS settle out of court?
As with other personal injury claims, a very small percentage of cases will ever reach a courtroom. It can be more favourable for both sides involved to resolve the matter quickly by reaching a settlement before this happens.
For the NHS, a successful injury at work claim could become even more expensive if they have to cover the cost of court proceedings as well as compensation.
Who pays NHS compensation?
The money you receive in compensation due to your injury will not be paid by any singular individual. At least, this is very rarely the case.
Compensation may be awarded to the claimant through the Liabilities to Third Parties Scheme. This generally covers employers’ and public liability claims from NHS staff, patients and members of the public.
So, don’t feel apprehensive about making a claim due to worrying about someone being put under personal financial stress.
Further Resources For NHS Staff Injured At Work
- A guide on claiming against the NHS – Further information you might find of use.
- Our guide to NHS negligence – Another useful resource covering negligence.
- More on workplace accidents – Our definitive guide.
