By Stephen Hudson. Last Updated 12th December 2024. Accidents that result in a personal injury are quite common in a prison environment. Inmates are subject to the risk of injury, for which the prison service is responsible for guarding them against. Prison officers are also often victims of an accident at work, resulting in a personal injury. This guide about prison injury compensation claims will aim to answer any questions you have.
Because of the complicated nature of accidents in a prison, especially with regards to negligence on the part of the prison service, and the subsequent liability for compensation claims, getting proper legal advice is a must if you have suffered a personal injury in prison.
We have developed this guide to explain how you could potentially claim if you were injured due to negligence while you were either an inmate of a prison or a prison officer on duty. Please read on to learn more about what’s involved in prisoner compensation claims and prison officer claims.
If, at any point, you want to speak to an advisor about making a prison injury claim, then you can contact Legal Expert today for help. You can call us on 0800 073 8804. Alternatively, you can contact us online using our 24/7 live chat service or by filling in our claim online form.
Select a Section:
- Can You Sue If You Get Hurt In Prison?
- Claiming For An Injury As An Inmate
- Claiming For An Injury As A Prison Officer
- Payouts For Prison Injury Claims
- No Win No Fee Prison Law Solicitors – Claim Against A Prison
Can You Sue If You Get Hurt In Prison?
Prisoner compensation claims can possibly be made if negligence has occurred. Negligence is when a breach of duty of care results in an injury.
Under the Occupiers’ Liability Act 1957, occupiers of a prison (the parties in control of the space) owe a duty of care to all prisoners and also those visiting the prison. This means that the occupier must take steps to ensure their reasonable safety while on prison grounds.
Additionally, you could possibly make a claim if you have been injured in a prison as a staff member. Under the Health and Safety at Work etc. Act 1974, employers of a prison owe a duty of care to all employees. This means that the employer must take reasonable steps to ensure their safety while they’re working.
As such, the prison compensation claims eligibility criteria are as follows:
- A responsible third party, such as an occupier or employer, owed you a duty of care.
- This duty of care was breached.
- You were injured as a direct result of this breach.
For more advice on the eligibility requirements for prison injury compensation claims as either a prisoner, visitor, or member of staff, please contact us for free.
Claiming For An Injury As An Inmate
If you are or were incarcerated in prison, and whilst you were, you suffered a personal injury that was not your own fault, you could have a valid case for making a personal injury compensation claim. Accidents happen in prison for a wide range of reason, including:
- A slip or trip – on a wet or badly maintained floor surface whilst in prison.
An injury in your cell – as a result of an accident caused by badly maintained or faulty furniture and fittings - Work accidents – injuries that are a direct result of an accident that occurred whilst you were performing work in prison.
- Injuries sustained through assault – if you were attacked by another prisoner.
- Medical or dental negligence – if you sustained an injury whilst receiving medical treatment or dental care whilst in prison.
The prison service has an obligation to keep inmates reasonably safe at all times. This means that you should be protected from injuries caused by accidents due to negligence on behalf of the prison operator. The prison service is also responsible for making sure you are reasonably safe from other prisoners at all times. So, if you suffer an injury whilst in prison, and it is not your fault, then we can likely help you make a personal injury compensation claim.
Claiming For An Injury As A Prison Officer
Prison officers do a tough job. They work in a harsh environment and are exposed to stressful situations almost every day. Although prison operational processes are designed to minimize the risk of injury to prison officers whilst they are at work, there are times when this is not enough, and an accident or even an assault takes place, resulting in a personal injury that may be a valid cause for a compensation claim. There is a myriad of reasons why an accident in a prison can cause a personal injury to a prison officer, and these include:
- A slip or trip accident – caused by a damaged or badly maintained floor, or even a wet or slippery floor due to spillage.
- Muscle strain or sprains – this includes back and spinal injuries, that are a direct result of having to carry out heavy work.
- Assault by an inmate – injuries caused by an attack against the prison officer.
Additionally, prison officers may also be able to claim special damages as part of their personal injury compensation claim. If there has been a loss of earnings or other financial hardship encountered as a direct result of the injury.
Contact an advisor if you have any questions about prison injury compensation claims.
Payouts For Prison Injury Claims
A successful prison injury compensation claim can cover the different ways your injuries have affected you. Firstly, the pain and suffering you experienced due to your prison injuries is compensated for under general damages. The amount you can receive for general damages depends on factors such as how severe your injuries are and how they have affected your quality of life.
Those who value a prison compensation claim for general damages may consult the Judicial College Guidelines (JCG), which lists many types of injuries alongside compensation brackets.
Some of the compensation figures found in the JCG can be viewed in the table below. The table is a guide only and the first entry is not based on the JCG.
| Injury Type | Severity | Compensation Amount |
|---|---|---|
| Multiple Serious Injuries Plus Special Damages | Serious | Up to £500,000+ |
| Head Injury | Moderate (i) | £183,190 to £267,340 |
| Hand Injury | Total or Effective Loss of Both Hands (a) | £171,680 to £245,900 |
| Arm Injury | Severe (a) | £117,360 to £159,770 |
| Arm Injury | Injuries Resulting in Permanent and Substantial Disablement (b) | £47,810 to £73,050 |
| Foot Injury | Very Severe (c) | £102,470 to £133,810 |
| Eye Injury | Complete Loss of Sight in One Eye (e) | £60,130 to £66,920 |
| Eye Injury | Minor (h) | £4,820 to £10,660 |
| Leg Injury | Serious | £47,840 to £66,920 |
| Leg Injury | Moderate | £33,880 to £47,840 |
Compensation for prison injuries may also include special damages, which covers financial losses or expenses caused by your injuries. For example, certain care costs or medical expenses could potentially be covered under special damages. To claim special damages, you’ll need to gather relevant evidence, such as receipts or invoices.
To learn more about the potential payouts in prison injury compensation claims, contact our advisors for free today.
No Win No Fee Prison Law Solicitors – Claim Against A Prison
As our guide has shown, a prison must be made practically safe for the people who use it. If you suffered an injury, because this duty of care was breached – whether as a prisoner, a member of staff or even as a visitor – then you may be eligible to claim against a prison service for negligence.
There are prison law solicitors who can help you claim under a Conditional Fee Agreement. This is a No Win No Fee arrangement. The general terms that tend to be offered in such an agreement is that you would not:
- Pay a hiring fee for a solicitor’s services
- Make any ongoing payments for their work as your claim progresses
- Have to make a payment in an unsuccessful claim
A solicitor may charge you a success fee in a successful claim. This is a percentage of your compensation award with a legal cap in place.
A solicitor’s help and expertise can be hugely beneficial in a claim. If you were injured in a prison and would like to learn more about how you could work with a No Win No Fee solicitor to claim against a prison service, then please reach out to a member of our team by:
- Phone 0800 073 8804
- Using our live chat box
- Visit our contact us page
Other Guides You May Find Useful
- You can read our guide to criminal injury compensation here to learn about the different types of attacks and injuries you could be compensated for.
- We also have a guide on whether you can claim if you have suffered criminal injuries and no one has been convicted.
- To learn more about whether you can claim if you were attacked while trying to stop a fight, we also have a guide on this subject here.
- Learn how to make a claim for teeth damage claims with our helpful guide.
- Were you injured in a pothole accident? Our guide can offer more information on who can claim compensation.
- Learn how to make a spinal injury compensation claim with the help of our informative guide.
- Find out how to make a landlord compensation claim and learn more about landlord claims.
- Have you been injured in an accident in a restaurant? Our guide offers more information in claiming.
- Our stress at work guide provides more information on claiming for harm caused by stress in the workplace.
We hope this guide on prison injury compensation claims has proven useful. Here at Legal Expert, we have advisors available to contact online or on the phone. You are welcome to get in touch with us if you have any questions related to these types of claims or you are looking for support in starting a valid prison injury claim. You can reach us by using the contact details included in this guide.
