Being a prison officer is a very demanding job, and at times, you can be working with violent and dangerous inmates. Given the risks that come with being an employee of the prison service it is vital that your employer uphold their legal duties to help keep you safe at work. Unfortunately, this is not always the case, and if your employer has been negligent or you have had an accident at work that wasn’t your fault, you might be able to make a prison officer compensation claim.
In addition to the risk posed by the prisoners themselves, you may have suffered harm because health and safety standards were not good enough. So, we start this guide by explaining who could have grounds to launch a personal injury claim against their employer. We also consider common types of injuries that can happen whilst working in a prison. Additionally, we provide information about how compensation could be awarded at the successful conclusion of a claim.
Our team can answer any questions you have about how to claim compensation and offer a free case check to get started. Simply:
- Call 0800 073 8801 to discuss suing an employer after an injury on the job
- Start a compensation claim online
- Ask the live chat a question.
Select A Section
- What Is A Prison Officer Compensation Claim?
- Can I Make A Prison Officer Injury Claim?
- What Should I Do If I’ve Been Injured When Working In A Prison?
- How Much Prison Officer Compensation Could I Receive?
- Why Make A No Win No Fee Prison Injury Claim?
- Learn More About How To Claim For An Injury At Work
What Is A Prison Officer Compensation Claim?
Prisons, like any workplace, are subject to health and safety rules as laid out for employers in the Health and Safety at Work etc Act 1974 (HASAWA). This legislation requires all employers to take practicable and reasonable steps to ensure that their employees are prevented from being harmed while working. A failure to meet this obligation can be grounds to seek damages from your employer if you are injured.
Employers need to regularly assess possible risks (known as a risk assessment) and minimize the potential for harm. In a prison setting, this may entail actions like ensuring there is adequate staff to deal with difficult inmates or that the workplace is free from unnecessary hazards. Also, ensuring prison officers are safely equipped to break up fights is an employer’s responsibility, as is the need for thorough staff training to deal with all eventualities. These are just some examples of how a claim can potentially made, and a prison is a unique working environment.
To move forward with a personal injury claim, you need to show that:
- You were owed a duty of care,
- That your employer breached their duty
- You were harmed as a result.
If you prefer, you can discuss your eligibility to start a prison officer compensation claim now with our team on the number above. They can explain any aspect of the accident at work claim process.
Can I Make A Prison Officer Injury Claim?
We now turn to some example scenarios of how a breach in the duty of care might expose a prison officer to the risk of harm:
- A prison office is hit by a falling object that was thrown or fell from the wings above. This resulted in a head injury that wouldn’t have occurred had appropriate preventative measures been taken.
- They slipped because no wet floor signs were displayed during cleaning or after a spillage. During the slip accident, the prison officer sustained injuries to their back and wrist.
- An officer fell on broken work steps that were neither repaired nor marked off. As a result, they sustained injuries to their legs.
- Poor overall management of the prison resulted in a riot during which a prison officer sustained injuries.
- Defective machinery or tools were supplied, such as un-tested electrical equipment. This led to a prison officer suffering an electric shock.
- Lack of prison officer safety equipment was provided by the prison management, causing them to be cut or stabbed.
What Are Common Injuries Sustained By Prison Officers?
There are a wide variety of injuries that prison officers can experience. Some typical ones include:
- Cuts and bruises.
- Sprains and fractures.
- Stab wounds.
- Head injuries.
- Burns and scalds.
- Physical and sexual assault from prisoners.
- Multiple forms of harm involving any of the above.
Even if your injury is not listed, contact the team on the free number above if you’d like any guidance or information about claiming prison officer compensation as you read.
What Should I Do If I’ve Been Injured When Working In A Prison?
Asking the question ‘What should I do?’ after an accident at work is crucially important. The first action is to always have your physical injuries attended to by a medical professional. Then you can start building the evidence needed for a claim, such as:
- Medical reports. This can be GP’s notes, A&E admission notes or specialist’s reports.
- CCTV footage from the area that shows the accident.
- Photos of the injuries.
- The contact information of any witnesses who can give a supporting statement later in the claims process.
- A personal diary that details important dates, as well as treatments needed.
- In addition to this, there should always be an official accident book in the prison in which injuries are recorded. With this in mind, it is always important to report the accident and injury to your employer.
How Much Prison Officer Compensation Could I Receive?
A successful compensation claim outcome can include two heads of loss. The first is general damages. This compensates you for the physical pain and suffering as well as the emotional harm caused by the incident. So, you could also claim for post-traumatic stress disorder (PTSD) or other diagnosed types of mental harm alongside physical injuries.
Those tasked with valuing compensation claims might refer to medical evidence to calculate a figure for general damages. They can also consult publications that list award guidelines for injuries, such as the Judicial College Guidelines (JCG).
We’ve compiled an excerpt from this publication below. Please note that these amounts are provided for guidance only. As each claim is different, with settlements decided on the merits of individual cases, these amounts do not represent what you will receive for a successful claim. Also, the first entry is not from the JCG:
Compensation Guidelines
| Area of Harm | How Severe? | Award Guidelines | Notes |
|---|---|---|---|
| Multiple Forms of Severe Harm and Special Damage Awards | Severe | Up to £1 million and over | This reflects a substantial award for severe and multiple types of injury, as well as the special damages for lost earnings, care costs and medical bills. |
| Head | (b) Moderately Severe | £267,340 to £344,150 | A serious disability causing a substantial degree of permanent dependence on others. |
| Psychiatric Damage (General) | (a) Severe | £66,920 to £141,240 | A very poor future prognosis indicated and marked problems in areas of work, personal relationships and education. |
| Chest | (b) Traumatic Injury | £80,240 to £122,850 | Injuries that cause permanent damage, impair function, reduce life expectancy and impair abilities. |
| Knee | (a) Severe (ii) | £63,610 to £85,100 | Leg fractures that can extend further into the knee joint causing continous pain and limited movement. |
| Hand | (e) Serious | £35,390 to £75,550 | Injuries that reduce the capacity of the hand by half and include cases where traumatic amputation and reattachment takes place. |
| Post-Traumatic Stress Disorder (PTSD) | (c) Moderately Severe | £28,250 to £73,050 | Despite a significant disability for the foreseeable future, professional counselling helps. |
| Wrist | (b) Significant | £29,900 to £47,810 | Injuries that cause a permanent and significant disability but some useful movement is still seen. |
| Back | (b) Moderate (ii) | £15,260 to £33,880 | Disturbed muscles and ligaments that cause backache and soft tissue injuries that speed-up or worsen a pre-existing condition. |
| Foot | (f) Moderate | £16,770 to £30,500 | Displaced metatarsal fractures that cause ongoing symptoms and permanent deformity. |
Can I Claim For Loss of Earnings If I’ve Been Assaulted At Work?
Special damages are the second type of loss that can be included in prison officer compensation settlements. They reimburse the claimant for the financial damage caused by their injuries.
You may qualify for special damages if you have documented evidence showing financial harm. For example:
- Payslips showing how you lost income from time off work.
- Bills for medical costs and treatments.
- Proof of any expenses for adaptations and changes made in your home or to your vehicle.
- Receipts and tickets showing travel to essential appointments.
Other costs to you may apply. Feel free to discuss them with our advisors for free and impartial guidance.
Why Make A No Win No Fee Prison Injury Claim?
The benefits of using the experience of personal injury lawyers can be helpful during the personal injury claims process. Our solicitors can expertly handle every step of your claim from gathering evidence, completing the pre-action protocols involved and arguing for the best settlement on your behalf.
They are also able to offer these excellent services via a Conditional Fee Agreement (CFA). This is a type of No Win No Fee contract which enables eligible claimants to access a solicitor’s services without the need to pay any upfront or ongoing fees. Furthermore, under this arrangement, the claimant avoids having to pay any solicitor’s fees for completed services if the claim fails.
A ‘success fee’ needs to be paid In the event of a successful claim outcome. But this is a legally restricted percentage of the compensation awarded to you and is deducted after the claim settles. Due to the legal cap, the majority of the compensation always goes directly to the claimant.
Why not find out if our No Win No Fee solicitors could help you this way? Simply reach out to the team for your free prison officer compensation claim assessment, and they will take it from there:
- Call on 0800 073 8801
- Start your claim online
- Ask the live chat a question.
Learn More About How To Claim For An Injury At Work
Here are some more resources about personal injury claims:
- This case study looks at compensation made to a prison worker assaulted by an inmate in detail.
- Here, we explore claims based on understaffing at work that caused injury.
- Also, if a colleague at work injured you, this guide offers information.
Some external resources:
- Information on prison officer safety equipment from GOV.UK.
- The Prison Rules 1999 outlines management and conduct in prisons.
- Lastly, advice on preventing slips and trips in the work environment from the Health and Safety Executive (HSE).
In conclusion, we appreciate your interest in our guide about prison officer compensation claims. If the team can help in any other way, please reach out via the contact options above.
