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NHS Accident At Work Claims Guide
By Stephen Hudson. Last Updated 28th June 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
- When Can I Claim For Injuries From A NHS Work Accident?
- 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?
- Further Resources For NHS Staff Injured At Work
When Can I Claim For Injuries From A NHS Work Accident?
If you work at an NHS health centre, or another type of workplace run by the NHS, then your employer owes you a duty of care under certain legislation including the Health and Safety at Work etc. Act 1974. The duty of care established for employers means that they should take reasonable steps to protect their workers from harm while they are in the workplace and carrying out their duties.
The exact steps an employer should take to fulfil its duty of care depends on the type of work that’s carried out. If you work at an NHS health centre, then responsibilities your employer will have will usually include carrying out regular inspections of work areas to ensure that they are safe and free of hazards. Your employer should also ensure that any equipment provided to fulfil your duties is appropriate, functional and regularly maintained.
If you have suffered a work-related injury in an NHS centre, then you may be eligible to claim compensation if you can prove the following with evidence:
- Your employer breached the duty of care which they owe you.
- An incident which caused your injuries occurred because of this breach.
You can contact our advisors for free today to learn more about whether you have valid grounds to start an NHS accident at work claim. Our team can also discuss other aspects of the claim process, such as potential NHS staff compensation payouts for successful claims.
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.
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 |
|---|---|---|
| Multiple serious injuries/illnesses and special damages | Serious | Up to £750,000+ |
| Paralysis | Paraplegia | £267,340 to £346,890 |
| Brain damage | (c) (i) Moderate brain damage | £183,190 to £267,340 |
| Psychiatric damage | Moderately severe | £23,270 to £66,920 |
| Digestive system | (b) (i) Illness - Severe toxicosis | £46,900 to £64,070 |
| Neck | (b) (i) Moderate | £30,500 to £46,970 |
| Chest | (d) Relatively simple injury | £15,370 to £21,920 |
| Back | (c) - Minor (i) | £9,630 to £15,260 |
| Shoulder | Clavicle fracture | £6,280 to £14,940 |
| Sight | (h) Minor eye injury | £4,820 to £10,660 |
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.
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.
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.
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.
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