By Jo Jeffries. Last Updated 28th September 2023. Welcome to our guide to NHS accident at work compensation. In it, we discuss NHS injury at work compensation in depth. We provide details of how you could suffer a back injury at work for the NHS and other injuries.
We also look at the NHS injury at work policy. Finally, we answer common questions about making an injury at work claim against the NHS for an accident at work that wasn’t your fault, and how we could help with an NHS claim for negligence in hospitals and other healthcare settings.
If you’re injured working for the NHS, compensation claims could be something you’re looking into. Our guidance on how to claim against the NHS for an employer’s breach of their duty of care towards you could be useful.
In the sections below, you will find a guide to making NHS accident at work claims if you have suffered an NHS workplace accident. You will learn all about the concept of eligibility, and why you may be able to make a claim. We have also provided examples of workplace accidents that could possibly happen and why the NHS could be liable to pay compensation.
If you are unsure of any of the facts presented in this guide, or need answers to questions that it does not directly address, then please speak to one of our claims team on 0800 073 8801. They will be able to provide you with any additional information you need.
Select A Section:
- What Is An Accident At Work In The NHS?
- NHS Injury At Work Claims – Gathering Evidence
- Am I Eligible To Claim An NHS Injury Allowance?
- How Could Staff In The NHS Be Injured?
- I Was Injured At Work In The NHS, What Can I Claim Compensation For?
- The Latest NHS Staff Compensation Payouts For Injuries
- Can I Make A No Win No Fee Claim Against The NHS?
An accident at work regardless of whether it involves an employee of the NHS or any other company is an unpredictable unplanned event that takes place and causes damage or injury. Accidents that could happen in the NHS could affect anyone working for the health service. This could include doctors, nurses, cleaners, cafeteria workers, drivers, etc. Many of the examples of accidents we cover in this guide will be specific to health workers. However, many of them may also apply to ancillary staff that are employed by the local health service as well.
You may be wondering ‘can I claim against the NHS for a workplace accident claim?’. However, not all incidents will form the basis of a valid injury at work claim. You would need to prove that your employer breached the duty of care they owed and that you were caused harm as a result.
For example, if you were trained correctly in how to perform manual handling tasks, and you ignored the instructions given, you would not usually be able to make a claim. However, if your employer failed to provide adequate training and you experienced harm as a result, you may be able to seek compensation.
To learn about when NHS compensation claims for an accident at work could be justified, please get in touch on the number above.
The Criteria To Claim Against The NHS For An Injury At Work
You may be wondering when a personal injury claim following an accident at work could be made. As mentioned, you would need to prove that employer negligence occurred. This involves:
- Your employer owing you a duty of care at the time and place of the accident
- Your employer breaching the duty of care they owed
- You experiencing physical or psychological harm as a result.
For more information on making an injury at work claim, get in touch.
How Long Do I Have To Claim Against The NHS?
There is generally a three-year time limit for starting a personal injury claim. This usually begins on the date you connect your injuries with negligence or the date the incident occurred. However, there are some exceptions to this, including for:
- Those under the age of 18: The personal injury claims time limit is frozen for people who are injured while they are a minor. If no claim has been made on their behalf during this time. the three years will begin on their 18th birthday. During this time, someone else can apply to act as your litigation friend and claim on your behalf.
- Those lacking the mental capacity to claim: The time limit is also suspended for those lacking the mental capacity to claim. Someone else may apply to act as their litigation friend and make the claim on their behalf. Alternatively, if they recover their mental capacity, they can begin their own claim from the date of recovery.
Gathering evidence for a work-related injury in the NHS is an important task. The evidence that you are able to gather may differ depending on the circumstances of your case. However, generally speaking, the following could be useful.
- Medical reports – this could include your medical notes, evidencing the injury you’ve suffered and the treatment you have had.
- Correspondence with the NHS about your injury. If you have an accident report, or you’ve contacted your employer about your workplace accident, copies of this correspondence could be useful.
- Evidence from the accident scene – this could include photographs, CCTV and details of any witnesses who saw the accident.
- Documents showing losses and costs associated with your injuries. This could include receipts, bills and payslips showing loss of income, for example.
Our solicitors could help you gather evidence to support your claim for an NHS injury at work. To learn more about this, please don’t hesitate to contact an advisor.
A partial answer to the question, I had an accident at work what are my rights? Is that if you are employed by the health service, you could be able to claim the NHS injury allowance. This is intended to be paid on top of things such as Statutory Sick Pay (SSP). It lasts for 12 months, and can be paid to people who:
- Were employed by the health service.
- Have come to physical harm in some way, that is wholly or mainly attributed to your job as a health service employee.
- Has been granted an absence from work due to authorised sickness leave or are being phased back into work.
- Has been receiving less than 85% of their normal level of pay due to their illness
There are different ways that a person who works for the health service could potentially suffer an injury at work. NHS examples could include;
- A syringe or needlestick injury.
- Some kind of exposure to a blood-borne virus.
- Any kind of violence against NHS staff.
- Slips, trips and falls.
- Manual handling and lifting injuries.
- A road traffic accident involving an NHS driver
- Bullying and harassment
- Accidents involving damage equipment and hazardous substances.
If work for the NHS, an injury at work claim could be made if someone else’s negligence caused or contributed to the harm you sustained. Speak to one of our claims team and explain your situation; they will let you know how we could be of assistance.
Regardless of whether you are making a NHS accident at work employment related work claim or an employee from a different sector there are two main damages that will be included in your compensation payout if you are successful. Listed below are the damages that your claim may comprise.
These all relate to providing compensation for ad-hoc and financial losses:
- Travel costs – if you have to travel to deal with the claim, or to have your injuries treated.
- Medical fees – if you had to pay for some form of private treatment.
- Care costs – if you had to hire a home help, or a nurse.
- Loss of earnings – if you lost out on wages/salary due to missing work.
- Loss of future prospects – if you will no longer be able to work at the same level in the future.
These all relate to providing compensation for physical harm:
- General pain and suffering – at the time of the accident, and also when receiving emergency treatment.
- Mental trauma and shock – due to being involved in an accident, and possibly needing harsh emergency treatment to stabilise you.
- Psychological damage – caused by the accident or injuries, such as depression or P.T.S.D.
- Painful and extended recovery – if recuperation will require painful treatment, and take some time to complete.
- Permanent disability – if you will never recover fully, and suffer a reduction in life quality as a result of this.
You could try to find a good online personal injury claims calculator to get a general idea of the value of your claim. However, the table below will give you a good indication of the compensation your claim could be worth. These compensation brackets have been provided by the 16th edition of the Judicial College Guidelines, published in 2022, and are based on settlements from previous court cases.
Below, you can find details of potential payouts for an accident at work:
|Moderate Severe Psychological Injury (b)||£19,070 to £54,830||Significant problems with a person's ability to cope with life, education and work, possible future vulnerability. Cases of work-related stress resulting in a permanent or long-standing disability unable to return to employment.|
|Less Severe Psychological Injuries (c)||£1,540 to £5,860||The length of the disability is key within these brackets. Also to what extent can daily life be continued as normal.|
|Moderate Severe PTSD (b)||£23,150 to £59,860||The symptoms for post traumatic stress disorder may include nightmares, flashbacks, sleep disturbance, avoidance, mood disorders, suicidal ideation and hyper-arousal. The brackets include significant disability for the foreseeable future but the prospect of making a full recovery.|
|Moderate PTSD (c)||£8,180 to £23,150||An almost full recovery expected with no grossly disabling affects.|
|Minor Eye Injuries (h)||£3,950 to £8,730||Cases of being struck in the eye, exposed to fumes or being splashed with liquids causing pain and interfering with vision.|
|Minor Head and Brain Injury (e)||£2,210 to £12,770||Brain damage if any is limited. The brackets are concerned with the severity of the injury, recovery time, any continuing symptoms, any headaches.|
|Moderate Back Injury (ii)||£12,510 to £27,760||Soft tissue damage, disc lesions resulting in cervical spondylosis, serious restriction of movement, permanent recurring pain, possible further surgery, fractures, dislocation, immediate pain and serious soft tissue damage to the back and neck.|
|Severe Shoulder Injury (a)||£19,200 to £48,030||Dislocation of shoulder and damage to the brachial plexus which results in pain in shoulder and neck, aching in elbow, sensory symptoms in the forearm and hand.|
|Less Serious Leg Injury (i)||£17,960 to £27,760||Fractures with incomplete recoveries and soft tissue injuries.|
|Modest Foot Injury (g)||Up to £13,740||Simple metatarsal fractures, ruptured ligaments, puncture wounds.|
Get A Free Estimate
Our advisors can provide a free and in-depth estimation of what your injury at work compensation claim could be worth when you get in touch today. An advisor can discuss the latest NHS staff compensation payments with you.
You may be wondering ‘Can I use a No Win No Fee solicitor to claim against the NHS for an accident at work?’. A personal injury solicitor could provide several benefits including helping you gather evidence to support your case.
They could also offer their services under a Conditional Fee Agreement (CFA) which is a type of No Win No Fee contract.
Under a CFA, you would not generally pay any funds upfront or while your claim is ongoing for the services your solicitor provides. Furthermore, if your claim did not result in a payout, you would not typically pay for their services, as per the terms of the CFA.
Instead, the agreement would set out a success fee that you would pay out of your compensation if your claim wins. It is usually taken as a percentage, which is capped under the Conditional Fee Agreements Order 2013.
If you would like to know how to claim compensation under a CFA, get in touch with our advisors. They will be able to assess whether one of our solicitors could take on your claim under these terms.
You can reach our advisors in any of the following ways:
Helpful Links On Making A Claim Against The NHS For An Injury
These additional guides could be of use to you:
- A guide to NHS negligence claims
- How to claim for a workplace accident
- Medical Negligence Leading To Death Claims
- Wet Floor Accident Injury Claims
You may also find these additional off-site resources useful:
- Advice for workplace injuries
- Information on violence within the NHS
- H&S information for manual handling and lifting
Call us for more advice on matters such as NHS workplace injury rights and claiming for an injury at work in the NHS.