Most of us aspire to stay fit and healthy, and we are more likely to do so with regular exercise. There have been a wealth of new gyms springing up across the UK in recent years, and whether you follow a cardio programme, take gym classes or prefer lifting weights, going to the gym can be something to really enjoy. However, for a small proportion of the population, their enjoyment of the gym has been curtailed due to injury. Worse still, some have been caused by an accident that need not have occurred. Whether they have suffered muscle damage from a poorly designed personal training plan, or suffered injury from poorly maintained gym equipment, gym accidents claims can help get those people back on their feet after an accident at the gym, allowing them to move forward with their life, whether they choose to return to the gym or not.
Here, our guide aims to explain the process that gym accident claims take, alongside approximate calculations for payout amounts in a gym injury compensation calculator table and how to get help if you need it.
Choose a Section
- A guide to gym accident claims
- Gym industry statistics
- Who bears responsibility for your safety in the gym?
- How to tell if the gym is at fault for your injury
- Accident at a gym – Here’s what you should do
- I signed a disclaimer or waiver – can I still claim?
- Top gym accidents
- I injured myself on the weights in the gym – can I claim?
- I tripped in the gym – can I claim?
- Accident at work in the gym – do I have a claim?
- Bad advice from gym staff led to injury – can I make a claim?
- Can you sue the gym for injuries caused by faulty equipment?
- What can I claim for following accident causing injury in a gym?
- Typical gym injury compensation awards?
- Making No win no fee accident in the gym claims.
- Why choose Accident claims for your gym injury compensation claim?
- Need to know more? Or ready to start a gym injury claim?
Whether you prefer CrossFit, Zumba, weightlifting or the treadmill, there are always advantages as to pursuing good health and fitness. However, what happens if our visits to the local gym leave us with more than just endorphins after a workout. Our guide to gym accident claims covers all you need to know about you can be injured at gym classes or while using the gym, who is responsible for your safety while in the gym, as well as covering common gym accidents that lead to claims. We have also created a table that illustrates the typical gym accident compensation amounts that have been awarded for those specific injuries. By reading this guide, you should be better equipped to know what to do in the event that you are injured in the gym, or to advise someone you know that has suffered this type of accident.
According to Leisure DB, in a report released in May last year, 1 in seven UK citizens visits the gym. This equates to more than 9.7 million members. For most of these people, their fitness programme, whatever their goals, is an enjoyable experience, but for a small percentage, an accident in the gym has blighted their fitness progress, and in some cases, halted it altogether.
Whilst there are no specific gym accidents statistics relating to gym use only, as It is a very niche type of sporting activity, it is clear that sporting injuries play a big part in making up the numbers of people having to visit Accident and Emergency departments in the UK. In fact, according to the NHS’s Digital report, 1.9% of all A and E attendances in 2013-14 were from sporting injuries. The key timings of these attendances were mainly around Saturdays and Sundays, mainly in the afternoon.
Gyms, just like other commercial businesses, have a duty to care for those persons on their premises, whether these are customers or staff. Whether you have been injured from faulty equipment or suffered a slip or trip whilst carrying out work at the gym, if the business has been negligent in making all reasonable arrangements to keep you safe, then they may be liable and may have to pay compensation to you for your injuries. This applies whether the gym is a small or large operation.
Many personal trainers at reputable gyms abide by the Exercise and Fitness Code of Ethics. The Register of Exercise Professionals has produced a code of ethics document that aims to ensure that all fitness professionals keep their clients as safe as is reasonably practical. This involves informing clients of how to use any equipment safely, amongst other factors. If a personal trainer has not correctly informed you of how to safely use the gym equipment, and it was their responsibility to do so, then you may have a case for filing an accident at gym lawsuit if you have suffered a gym accident because of this.
When it comes to defining liability, it is important that you take advice on gym negligence cases from the professionals. Many people sign waivers when visiting the gym, and some of these waivers attempt to avoid liability. However, if your gym has acted negligently insofar as to being contrary to health and safety law, you may still have a case for compensation.
It is for this reason that we would urge anyone who has been subject to a gym accident to get in touch with our expert advisors, who will be able to more clearly explain whether you have a potential claim to launch. With many years’ worth of experience in personal injury, including gym accident claims, our team will be able to, after asking you a few questions, clarify if you are in a position to begin a claim.
Of course, the first thing to do if you’ve been injured in the gym, whether due to a complete accident or one that may have been avoided is seek medical attention. Even if you feel that your injury may go away on its own, it is always best to get checked out. The human body is a very complex thing, and even a small injury may be exacerbated if it is not examined by a professional and advice given on how to treat it. However, there are other prudent activities you should consider, whether or not you are likely to make a claim in the future.
Take photos – If your claim is due to faulty equipment it is a wise idea to take photographs of the equipment and your injuries as well as the general scene of the accident.
Take details – Writing down what’s happened and taking details of any persons that may have witnessed the accident will also help. You may need to call on someone that has witnessed the accident to provide evidence at a later date, and also writing the details of the accident down immediately will ensure they stay clear in your mind going forward.
Call us. We don’t just help begin compensation claims for gym accidents, we also give free advice that comes with no obligation to use our service. Our team are ready to advise you on your position and the next steps you can take.
As previously mentioned, many gyms ask new members to sign waivers or disclaimers relating to the possible occurrence of any injuries. This can mean that people are immediately under the assumption that there is nothing that they can do should they suffer any injury on the premises, even if the gym were negligent in their duty of care to the gym goer. However, this is not necessarily the case. Under the terms of the Unfair Contact Terms Act, gyms cannot restrict or exclude their liability for death or injury that has occurred due to their negligent behaviour. The best thing for you to do if you have been injured in the gym and signed a waiver is for you to consult with us as to whether it seems the gym is negligent.
One of the most common questions we are asked by people who have been injured in the gym is ‘Is my case typical?’ The short answer is that no two cases are identical but there are some situations that are more common than others. The top 10 gym accidents, in terms of type, include the following:
- Incorrect use of the weights
- Workplace accidents
- Slips, trips and falls
- Faulty Equipment
- Incorrect advice/guidance on training programme
- Objects falling from height
- Incorrect advice on how to use equipment leading to injury
- Induction negligence – not showing clients how to use equipment leading to injury
Whether your injury was caused by one of the above occurrences, or due to something different, we will be able to tell you if you are likely to be able to lodge a claim for gym compensation. Why not give us a call to find out?
An injury caused by weights is fairly common in the gym. However, if you have been injured due to either a malfunction with the weights equipment or due to a personal trainer giving you too heavy a weight to work with, then you might have a claim. There are various different injuries that can be caused by weights in the gym. Perhaps a weight has not been properly secured on a rack and it has fallen on you, or maybe the key to ensure your weight limits are kept to is missing. Whatever way you have been injured in the gym due to someone else’s fault, then you might be able to make a claim.
Just like in any other commercial business, any trip, slip or fall hazards should be minimised in order to provide a safe environment. If this is not the case, and you have slipped on a wet floor that has not been clearly marked or mopped up, or tripped over a trailing wire from one of the gym’s machines, it could be that you have a claim.
Just as gym goers have a right to be able to train in a gym that is well maintained and properly set up, so too do the people who work there. There are many ways a person can be injured while they are at work, as depicted by the statistics above. Any employer has a duty to provide their staff with a safe working environment, the proper equipment to do their job correctly and the training too. If you have fallen victim to an accident at work at a gym, and your employer was found to have been negligent, then you can certainly pursue a claim for compensation.
Your employer will almost certainly have insurance to cover the cost of your claim, so please do not worry about putting them out of business. We would urge that people work together to ensure safe working practices for all workplaces and highlighting any issues as part of a compensation claim can actually help prevent similar accidents occurring, as most responsible employers will take remedial action after a claim. In addition, you should not be worried that your employer will treat you in any way differently than they did before you made a claim. There is legislation in place to help avoid this happening. However, we understand you may still feel awkward about making such a claim and can give you further advice on how making a claim against your employer works.
When you have a member of staff show you around the gym, they should make sure to educate you on how to use the equipment safely, so you do not injure yourself. Similarly, if you have a personal training session, the trainer should have access to all the relevant information to help devise a safe workout programme for you. If they have advised you to perform exercises that are too tough, or do not take into account any mitigating factors regarding your general health and you have suffered as a result, then you may be entitled to make a claim.
Gym owners have a responsibility to ensure that any equipment they own and allow you to use is in good working order. There are many different types of equipment in the gym, including free weights, weight machines and cardio machines such as step machines and treadmills, rowing machines and cross trainers. These machines should be regularly checked for safety and if any issues are reported they should not be used until such times as they have been fixed. So when it comes to the question can you sue a gym for faulty equipment, the answer is, most probably.
It is also the gym owner’s responsibility to clearly mark any machines that are not working as ‘out of order’. If you were to ignore such a warning sign and use the machine/equipment anyway and injure yourself, it would almost certainly not lead to a successful claim. However, if the sign was not clearly visible, you may well have a case.
Claiming gym compensation doesn’t just include claiming for the wages you’ve lost as a consequence of your accident. There are a few major categories in which you may be able to claim.
Care – In some cases, injured parties may require help around the home or with basic things like getting dressed/cleaning etc. If someone has had to care for you after injury, there is a distinct possibility for them to lodge a care claim.
Medical – Expenses such as physiotherapy, braces, crutches, a wheelchair, prescription costs and more
General – This type of award is meant to compensate you for any pain as well as suffering due to the accident. This is usually a large part of the final award
Travel – You will more than likely have had to pay for some form of travel for appointments relating to your injury. This part of the claim should compensate you for this,
Wages – Any time off work that has not resulted in you being paid a full wage might attract a loss of earnings award. In addition, if you are expected to have more time off – this can be put into the award also.
If you are at all unclear on what type of claim your injuries may attract, then we can help make it clearer for you. Why not give us a call?
We have mentioned before in this guide that each and every case is unique to that person and that situation and this is why it would be entirely impossible for us to give you a figure that will be completely accurate for your compensation award. Some people suffer injuries to their extremities in gym accidents, death can even occur in others. However, as we have much reference material at our disposal, we can provide the table below, which details average compensation brackets for specific injuries and situations. We have included some of the most relevant injuries here, but we can also provide guide amounts to you if you call our team. If your injury is not listed below, simply call to find out more.
|Injury||How Severe?||Typical Award Bracket|
|Back Injury/ies||Mild||Up to £9,500|
|Back Injury/ies||Fair||Up to £29,475|
|Back Injury/ies||Acute||£29,475 to £122,350|
|Leg Injury/ies||Fair||£21,100 to £29,800|
|Leg Injury/ies||Grave||£29,800 to £41,675|
|Leg Injury/ies||Acute||£73,150 to £103,250|
|Head Injury/ies||Mild||£1,675 to £9,700|
|Head Injury/ies||Fair||£32,725 to £166,500|
|Head Injury/ies||Acute||£166,500 to £214,350|
|Neck Injury/ies||Mild||Up to £6,000|
|Neck Injury/ies||Fair||£6,000 to £29,250|
|Neck Injury/ies||Acute||£34,575 to £112,750|
|Hand Injury/ies||Mild||£700 to £3,300|
|Hand Injury/ies||Fair||£4,100 to £10,100|
|Hand Injury/ies||Acute||£22,050 to £47,050|
|Foot injury/ies||Mild||Up to £10,450|
|Foot injury/ies||Fair||£10,450 to £19,000|
|Foot injury/ies||Acute||£31,900 to £53,200|
|Paralysing injury||Complete||£246,750 to £307,000|
|Paralysing injury||Part||£166,500 to £216,000|
Often, when people have to take time away from work to recover from an injury, their finances suffer. This is why after gym accidents, people don’t feel they have the necessary funds to lodge a gym compensation claim. However, it is entirely possible to pursue a claim without putting any funds in initially, or even at all. There is such a thing as a no win no fee gym accidents compensation claims model, which is something we offer here at Accident Claims. This involved an agreement that if your case was not successful and did not win you compensation, you would not be required to pay any legal bills. However, if your claim was seen as valid and a compensation award was granted, you would pay for the services you’ve received from the compensation awards, meaning you were never out of pocket. We’d be happy to explain this in more detail – you might be surprised at how easy it is to get started.
We have helped many people just like you to claim for gym injury compensation, and we believe our successes in these cases may well lead to more stringent guidelines for gym operators to abide by. Simply put, by helping people pursue these claims, we feel that we are helping make going to the gym a safer experience for everyone.
It is not just our experience and good customer care that we pride ourselves on here at Accident Claims. We are also proud to say that we are dedicated to providing the most up to date advice on gym accident claims and other personal injury claims possible. Whether you have been injured on the treadmill or on the free weights, we are dedicated to ensuring your case is taken Gravely and you are afforded good advice that you can depend on.
Upon reading this informative guide, you may still have some questions such as ‘can I sue my gym for injury’, or ‘How long do I have to claim?’. This is completely normal. As we have mentioned, no two cases are completely alike and there may still be some confusion over whether you are likely to have a valid claim. If this is the case, then why not call our team on 0800 073 8801. We offer free advice and can be counted on to listen to you carefully before giving advice that is based on years of experience in the industry.
If you feel more well-informed about gym accident claims and feel that your gym has a case to answer, then again, we are here to help. With a great reputation and a passion for delivering just what our clients need, Accident Claims could be the perfect partner to help get you the compensation for gym accident claims you deserve.
As previously mentioned in this guide, the Unfair Contract Act details how a gym can still be liable for negligence even if the client has signed a waiver.
NHS advice on how to treat common sporting injuries.
This takes you to the basic HSE guide to Leisure health and safety.