Staff have the legal right to expect their employer to maintain a safe working environment, regardless of whether they work in a supermarket or a hospital. When employers fail to meet this expectation, workplace accidents could occur. This guide focuses on NHS staff accidents at work.
We explain the duty of care owed by employers to their workers, and how to sue your employer should this duty be breached. You will also see information on how you can prove if your accident was caused by your employer’s actions and the evidence that could be used to support your personal injury claim.
A question on anyone’s mind following an accident will no doubt be, “How much compensation could I be entitled to?”. We discuss how your compensation settlement may be calculated and what you could be compensated for in your final settlement. Additionally, we also explain how our panel of expert personal injury solicitors could help you claim on a No Win No Fee basis.
If you’re looking for free advice on accident at work claims or would like to get the eligibility of your case assessed, talk to our advisors at any time using the details provided here:
- Call 0800 408 7827.
- Complete our contact us form.
- Open our live chat window.
Select A Section
- Can You Make A Claim For NHS Staff Accidents At Work?
- How To Sue For NHS Staff Accidents At Work
- How Could You Suffer An Injury At Work In The NHS?
- Injury At Work Compensation Amounts
- Can I Make A Claim For An Accident At Work In The NHS Using A No Win No Fee Solicitor?
- Read More About Claiming For Accidents At Work
Can You Make A Claim For NHS Staff Accidents At Work?
As an employer, the NHS owes a duty of care to all of its employees. This duty, as set out in the Health and Safety At Work etc. Act 1974, requires employers to take reasonable steps to ensure employee safety. This could include providing staff with adequate training to perform their work duties and performing regular risk assessments.
If you have been injured while working as a staff member for the NHS, to be able to make a personal injury claim, you will have to meet the following criteria:
- You were owed a duty of care by your employer at the time of the accident.
- Your employer breached this duty, for example, by not providing you with appropriate personal protective equipment (PPE).
- This breach resulted in an accident in which you were injured.
What Is The NHS Injury Allowance?
The Temporary Injury Allowance (TIA) is a benefit paid to NHS employees who have taken a leave of absence due to specific incidents that have resulted in illness or injury sustained while at work. Any awarded compensation is taken into account when calculating allowance payments.
This means you can file a claim for TIA and make an accident at work claim, although any compensation you are awarded could affect your entitlement to TIA.
To find out about the eligibility of your personal injury claim, you can contact our advisors.
How To Sue For NHS Staff Accidents At Work
Having sufficient evidence is important not only for showing how your employer was at fault for the accident but also for ensuring you get the right compensation, by showing the extent of the injuries you experienced.
Examples of evidence you could collect to support your personal injury claim include:
- After an accident, it is always worth getting professional medical attention, even for a minor injury. While your health is the first priority, this treatment will produce medical records that will show the extent of your injuries and detail the treatment you have received.
- If it’s available, you can acquire CCTV footage of how the accident happened.
- Employers with more than 10 employees are legally required to keep an accident book. You can get a copy of your incident report from this.
- The contact information of anyone who witnessed your accident, such as a colleague. They could be approached at a later date for a statement.
Talk to our advisors for further guidance on the evidence that could potentially be gathered for claims being made for NHS staff accidents at work. Our team is available at any time via the contact information given below.
How Could You Suffer An Injury At Work In The NHS?
Accidents at work could happen for all different reasons. Some could be just that, accidents that are unavoidable or unforeseeable. It is when accidents could be foreseen that compensation claims are possible. Some possible examples include:
- A wet floor sign was not posted after a burst pipe caused a water hazard in a corridor. You slipped on the water and hit your head, causing a serious head injury.
- Staff had not received the correct training on manual handling. You attempted to lift a box that was well above the recommended maximum weight, resulting in a manual handling injury.
- The hospital had conducted the latest round of maintenance checks on the porter equipment. You were instructed to use a faulty trolley to move dirty bed linen to the laundry. A wheel came off this faulty equipment, and it fell onto you, causing a serious leg injury.
These are just a few examples of how NHS staff accidents at work could occur. To discuss your particular case and to see whether you may be able to make a personal injury claim, you can contact our advisors.
Injury At Work Compensation Amounts
Now we’ve examined how NHS staff accidents at work could potentially occur, this section looks at how compensation may be calculated for successful personal injury claims. There are two heads of loss that could be awarded in successful claims:
- General damages – This is awarded in all successful cases and compensates you for the injuries you have suffered, both physical and psychological.
- Special damages – This is awarded to compensate you for the financial losses your injuries have caused you to experience. We discuss this head of loss in more depth further down in this guide.
Those tasked with reaching a potential compensation figure for general damages can look at your medical evidence in conjunction with the Judicial College Guidelines (JCG). This detailed publication sets out guideline compensation brackets for various injuries.
We have used some of those brackets in our table. However, we should emphasise that the top entry was not taken from the JCG.
Compensation Table
The compensation brackets provided here are for guidance purposes only.
| Injury | Severity | Guideline Value |
|---|---|---|
| Multiple Very Serious Injuries With Additional Special Damages | Very Serious | Up to £500,000+ |
| Paralysis | Quadriplegia (a) | £396,140 to £493,000 |
| Back | Severe (a)(i) | £111,150 to £196,450 |
| Neck Injuries | Severe (a)(i) | In the Region of £181,020 |
| Moderate (b)(i) | £30,500 to £46,970 | |
| Arm Injuries | Severe Injuries (a) | £117,360 to £159,770 |
| Less Severe Injury (c) | £23,430 to £47,810 | |
| Hand Injuries | Serious Damage to Both Hands (b) | £68,070 to £103,200 |
| Severe Fractures to Fingers (f) | Up to £44,840 | |
| Foot Injuries | Moderate (f) | £16,770 to £30,500 |
Special Damages
As we mentioned earlier in the section, compensation for the financial losses your injuries have caused could be awarded under special damages. Some examples of the losses you could claim compensation for include:
- Loss of current and future earnings.
- Medical expenses.
- Care costs.
- Transport costs.
Payslips, bank statements, invoices and other documents that prove your financial losses will need to be presented when making your claim for special damages.
Contact one of our friendly advisors to discuss your case with us today and receive a free valuation of your potential compensation.
Can I Make A Claim For An Accident At Work In The NHS Using A No Win No Fee Solicitor?
Working with a solicitor on your case can come with many benefits. For example, a solicitor could help you with:
- Gathering evidence.
- Communicating with the liable party.
- Negotiating your compensation.
If you speak with our team of advisors about your case, they may connect you with one of the work injury solicitors on our panel. Additionally, they may then offer their services to you under a Conditional Fee Agreement.
With this particular No Win No Fee arrangement in place, some of the benefits you will experience include:
- Generally, there are no initial service fees to pay for the solicitor to start working on the claim.
- You will also not pay for this work during the claim itself.
- You won’t have to pay them for their services should the claim fail.
A successful claim will see you awarded with personal injury compensation. The solicitor will keep a percentage of this compensation as their success fee. However, since the law caps the percentage of success fees, you will keep the majority of your compensation.
If you have any questions about NHS staff accidents at work claims, or to find out if you could claim in your specific circumstances, reach out to our advisors today. The team is available 24/7 using the contact details given here:
- Call 0800 408 7827
- Complete our contact us form.
- Open our live chat window to ask a question.
Read More About Claiming For Accidents At Work
You can see some of our accident at work claim guides here:
- Learn when and how to claim for a back injury suffered at work.
- Find out how to sue for a slip or trip with this guide.
- Learn how to claim broken rib compensation after an accident.
We have also provided these external resources for additional information:
- You can report a health and safety issue to the Health and Safety Executive (HSE) on their website.
- Following an accident at work you could receive Statutory Sick Pay (SSP). Find out more on the government website.
- The Royal Society for the Prevention of Accidents is a non-profit organisation that aims to reduce the risk of accidents across the UK. Learn more about its work on its website.
Thank you for reading our guide on how to sue for NHS staff accidents at work. To find out more about this type of claim or to get a free assessment of your potential claim’s validity, call our team today using the number above.