By Stephen Hudson. Last Updated 28th October 2024. Welcome to our night shift accident compensation claims guide. You are more at risk of suffering a night shift injury than working daytime hours, and research has established why this is so. If you had a night shift accident, a personal injury lawyer can assess your claim and advise you on how best to proceed with a claim.
Anyone working nights can suffer from tiredness and fatigue because their body clock finds it hard to adapt to working irregular hours. If you were involved in a night shift accident that left you injured, you could be entitled to compensation, especially if an employer failed in their duty to keep you safe in the workplace.
Employers are duty-bound by law to follow legislation in place to keep their staff safe when working nights. Failing to do this could mean that a court rules in your favour when you file a night shift accident claim against an employer.
To find out how a Legal Expert personal injury solicitor can help you with your claim, please click on the Select a Section below.
Select A Section
- Eligibility Criteria For Night Shift Accident Compensation Claims
- What Are Common Causes Of Night Shift Accidents At Work?
- What Are The Working Time Regulations?
- How Much Can You Get From Night Shift Accident Compensation Claims?
- No Win No Fee Nightshift Accident Claims
- Useful Links
Eligibility Criteria For Night Shift Accident Compensation Claims
If you’ve been injured in a night shift accident, you may be wondering if you could be entitled to accident at work compensation. In order to form the basis of a valid personal injury claim after a night shift accident, you have to be able to prove that:
- Your employer owed you a duty of care.
- They failed to fulfil this duty.
- As a result, you were injured.
Under the Health and Safety at Work etc. Act 1974, employers owe their employees a duty of care. This means that they have to take all reasonably practicable steps to keep them safe while working or in the workplace.
If you can prove that your employer breached their duty of care, causing your injuries, then you may be entitled to compensation.
Our team of advisors are here to help if you suffered an injury while working the night shift. Get in touch today to find out if you could be entitled to personal injury compensation.
What Are Common Causes Of Night Shift Accidents At Work?
A person’s body adapts at night, ready to go to sleep. Their heart rate slows, blood pressure and body temperature lower, which happens because their internal body clock is getting ready to sleep. It is a difficult routine to break, which means that people fail to adjust when working nights.
The side effects associated with working nights which result in an injury at work which are detailed below:
- Fatigue/tiredness
- Harder to concentrate
- Impaired judgement
- Hand-eye coordination is not as good
- A poorer reaction
- Overall lower cognitive performance
All of the above puts you at risk of suffering an accident at work when working nights. Statistics show that night shift accidents are more common when a person’s job involves extreme focus, namely operating machinery or driving. Keep reading to learn how to claim.
What Are The Working Time Regulations?
UK law requires that employers adhere to specific regulations regarding health and safety for night shift workers. The Working Time Regulations 1998 (WRT) clearly states that night shifts should only last 8 hours in any 24-hour period. This is calculated by averaging the number of hours worked over a period of 17 weeks.
The legislation provides the same rights to night shift workers as those that apply to people who work daytime hours for time off, breaks and rest periods.
Studies have shown, however, that adhering to WTR guidelines is not enough to prevent night workers from suffering from fatigue and making mistakes. As such, employers must also adhere to the Health and Safety at Work Act 1974 as well as the Management of Health and Safety at Work Regulations 1999, which clearly states that employers must do the following:
- Protect all staff when it comes to their health, safety and welfare in the workplace
- To assess all risks involved in the working staff carries out and do everything in their power that is reasonably possible to control or eliminate all risks, including the number of hours staff work and how rotas/hours are planned.
Should a personal injury lawyer find there is strong evidence that your work schedule leads to your suffering from fatigue which led to you suffering a night shift accident, you could have a strong case to file a night shift accident claim.
How Much Can You Get From Night Shift Accident Compensation Claims?
Night shift accident compensation can comprise of general damages and potentially special damages in addition as well. General damages are given to compensate for the pain and suffering you’ve experienced due to injuries caused by your work accident. The amount offered for general damages varies on a case-by-case basis.
Those who value night shift accident compensation claims may refer to the Judicial College Guidelines (JCG). It includes compensation brackets for a wide variety of different injuries. Some of the entries from the JCG that may apply to your case can be viewed in the list below. Please note that the list is for guidance only and the top entry is not taken from the JCG:
- If eligible to claim for multiple serious injuries plus special damages, such as loss of earnings, then the final payout could be up to £1,000,000+.
- For moderately severe brain damage, which means the injured party is in a severely disabled state and in need of constant care, the compensation bracket is £267,340 to £344,150.
- When claiming for moderate brain damage (i), leading to a severe deficit of intellect and no employment prospects, the compensation payout could be between £183,190 to £267,340.
- If claiming for a severe back injury (i), which includes serious damage to the spinal cord and nerves, leading to incomplete paralysis, the compensation bracket is £111,150 to £196,450.
- For moderate back injury (i) claims, like lumbar compression or a crush injury that causes continuous pain, the compensation payout could range between £33,880 to £47,320.
- When claiming for a severe knee injury (i), such as gross ligament damage that causes pain and loss of function, the compensation guideline amount is £85,100 to £117,410.
- If claiming for a very serious leg injury that leads to permanent mobility problems, deformity and arthritis, the compensation bracket that’s applied is £66,920 to £109,290.
- For a hand injury claim covering serious damage to both hands, the compensation bracket is £68,070 to £103,200.
- When claiming for a serious hand injury that potentially involves finger amputations, and the hand’s functionality has been reduced by around 50%, the guideline compensation amount is £35,390 to £75,550.
In addition to general damages, your night shift accident claim settlement may also provide special damages. These can cover for any financial losses or expenses that have affected you due to your accident. Examples may include:
- Loss of earnings from taking unpaid time off work to recover.
- The cost of certain treatments or mobility aids required during recovery.
- Travel costs, such as train tickets or bus fares, you’ve paid to attend medical appointments.
You’ll need relevant documents as proof to claim special damages. This may include receipts, bank statements and wage slips.
Contact our advisors for free today to learn more about how much your work accident claim may be worth.
No Win No Fee Nightshift Accident Claims
Legal advice is costly, which puts many people off filing for compensation, having suffered an injury through no fault of their own. Signing a Conditional Fee Agreement (CFA) with a Legal Expert personal injury solicitor takes all the pressure off finding the funds to pay for much needed legal advice. It means you don’t have to worry about upfront fees or ongoing costs associated with filing a personal injury claim against a third party.
With No Win No Fee structures, you only pay when a court rules in your favour, and you receive the level of compensation to suit the pain and suffering you endured. A personal injury solicitor takes their fee directly from the amount you are awarded, and it’s worth noting that most personal injury claims are settled out of court.
Should your case be unsuccessful, there would be nothing to pay for the legal services you received in a No Win No Fee structure.
Contact us today to find out more and take advantage of our free, initial, no-obligation consultation service.
Contact Our Team
Our personal injury solicitors are waiting to take your call, offering free legal advice on night shift accident claims. Our claims lines are open 9 am to 9 pm from Monday to Friday.
Call us free of 0800 073 8804 or request a “callback” by filling out the form to learn how to claim.
You can also email us at info@legalexpert.co.uk, and we will get back to you promptly.
Useful Links
If you suffer an injury as a result of fatigue, the link below offers valuable Health and Safety information:
The link below provides essential information on the Health and Safety Act 1974
Below, you can find lots of guides on claiming compensation for a workplace accident:
- Learn more about accident at work claims and get help with the claims process.
- Find out how to claim for a minor injury at work through our helpful guide.
- Read our guide on the top 10 things to know about accident at work claims for more information on claiming accident at work compensation.
Thank you for reading our night shift accident claims guide.
