NHS Injury at Work – A Guide to Claiming Compensation

Whether you work in A&E, as a paramedic or in NHS offices, you have a right to expect a safe working environment. While no workplace will ever be completely safe, the NHS has a duty of care to protect its staff while they’re at work. Failure to do so could enable NHS workers to claim for injuries at work caused by their employer’s negligence. As such, in this guide, we explore when you could claim compensation for an NHS injury at work and what the process generally involves.

If you are an NHS worker who wants to claim compensation following a workplace accident, we can help. By getting in touch now, one of our friendly advisors will review your claim, answer your questions and set out your legal options on a no-obligation basis. Also, if a claim is feasible, we could partner you with an accident-at-work solicitor who will manage your NHS injury claim on a No Win, No Fee basis if you both agree to work together.

To learn more about how to claim NHS injury at work compensation, you can:

• Phone 0333 241 2519 to discuss your case with a legal advisor.
• Use our free online chat service at any time of night or day.

If you’ve been injured while working for the NHS, promptly seeking legal advice can significantly improve your chances of receiving compensation for the pain, suffering, and financial losses you’ve incurred.

Can I Claim Compensation for an NHS Injury at Work?

As an employer, the NHS must abide by the rules of the Health and Safety at Work etc. Act 1974. This means that they have a duty of care towards the wellbeing of their staff whilst they are at work.

To uphold their duty of care practical and reasonable steps should be taken to ensure NHS workers are as safe as possible. Some examples include:

• Using risk assessment reports to identify and remove any potential hazards from the workplace.
• Providing staff with regular health and safety training.
• Maintaining all workplace equipment properly so that it is safe to use.
• Providing staff with suitable personal protective equipment (PPE) where necessary.
• Ensuring high hygiene standards in hospitals and similar environments to reduce the risk of infections.

As such, if you have been injured working for the NHS, you could be entitled to compensation for your pain and suffering if it can be proven that:

• At the time of your accident, you were owed a duty of care by your employer:
• The employer caused your accident because they were negligent.
• As a result of that negligence, you have been injured or made ill in the last three years.

Please contact our legal advisors now if you would like to check if you can start a claim against the NHS.

What Types of Negligence Can Lead to an NHS Injury at Work?

Here is just a sample of the types of negligence in the workplace that could enable an NHS worker to claim compensation:

• An NHS worker contracted an infectious disease due to inadequate provision of personal protective equipment (PPE) by the employer.
• A paramedic suffered a back injury while moving a patient because they were not provided with proper lifting training or assistance.
• A surgeon slipped on a wet floor in a hospital corridor that lacked warning signs, resulting in a fractured hip.
• A radiographer was injured by malfunctioning medical equipment during a procedure, due to the hospital’s failure to perform regular maintenance and safety checks.
• A nurse was assaulted by a patient in a psychiatric ward where inadequate safety protocols and insufficient security staff failed to prevent the incident.

If you’ve suffered any type of accident whilst working for the NHS and believe negligence was the cause, please get in touch now so that we can confirm your options.

What Should I Do If I’m an NHS Worker Injured at Work?

Taking the following steps could help at a later date if you decide to claim for an NHS accident at work. They could also help the NHS stop similar workplace accidents from occurring in the future:

• Ensure that your injuries are treated by a medical professional so that your injuries are logged and recorded.
• Report the accident and provide as many details as possible about where, when and how the accident occurred.
• Ask for an accident report form as it should confirm where and when your accident occurred and list any known injuries.

Taking these initial steps will help ensure that you receive the necessary medical care and provide some of the evidence for a compensation claim.

What Evidence Can Be Used for NHS Injury Claims?

Providing evidence that shows how your accident at work happened, that your employer caused it and how you have been affected by your injuries is crucial if you’re to win an NHS injury claim.

Here are some forms of evidence you could use to try and build a strong NHS compensation claim:

• Witness details in case statements are required to prove your version of events.
• Video footage from bodycams or CCTV cameras.
• Medical records that help to prove your diagnosis.
• Photographs of your injuries and pictures taken at the accident scene.
• Your copy of an accident report form to help prove your injuries.

While it would be helpful to have everything listed here, we know that’s not always possible. Therefore, no matter how much evidence you have secured, please get in touch so that we can review your NHS injury claim today.

How Long Do I Have to Claim NHS Injury at Work Compensation?

In most cases, NHS workers will have 3 years to claim compensation for a personal injury at work from the date of their accident. This is stipulated by the Limitation Act 1980.

In cases where an injury, illness or disease isn’t immediately obvious, for instance, a repetitive strain injury or industrial disease while working for the NHS, the 3-year time limit may begin from the date the condition was diagnosed. The Limitation Act 1980 refers to this as your date of knowledge.

Crucially, claims that are started too late can become statute-barred. This means they can be refused and you could miss out on any compensation you might otherwise have been entitled to. Therefore, please get in touch now to see if there’s still time to start a claim.

How Much Compensation for an NHS Injury at Work?

Compensation payouts for workplace injuries vary and are dependent on several factors. If an NHS injury claim is successful, the settlement will typically include both general and special damages.

General damages cover the pain, suffering and loss of amenity caused by any physical or psychological injury at work. This needs to be proven of course so your solicitor will use medical records and independent reports when trying to value your claim.

Special damages that could also be covered in an NHS accident at work claim include:

• Medical costs (private physiotherapy, prescription costs etc).
• Travel expenses.
• The cost of care at home.
• Lost income and future loss of earnings.
• The cost of necessary changes to the home to improve your quality of life if you’ve been left disabled.

Any costs that you wish to claim back will need to be validated. Therefore, try to keep hold of any relevant documentation and provide it to your solicitor before the claim is filed.

Can I Claim Compensation if I’m an NHS Agency Worker?

The NHS uses agency staff in a number of different roles including nursing and care environments. Crucially, agency staff can expect the same duty of care from the NHS as other staff when it comes to their health and safety at work.

As such, if an NHS agency worker is injured at work through no fault of their own, one of our solicitors could help them to claim NHS injury at work compensation for their suffering. Please get in touch now for more information.

Do You Need a Solicitor for an NHS Injury Claim?

Work-related injury claims can be time-consuming and involve lots of complex evidence and questioning. You may find that a personal injury solicitor who deals with your claim on your behalf will make the process much less stressful and could even increase any settlement offer you receive if the claim is won.

If an accident-at-work solicitor handles the claim, some of the services they might provide include:

• Management of the case from beginning to end.
• Filing the claim correctly and within the allowed time limits.
• Fighting your case and arguing on your behalf if any part of the claim is contested.
• Ensuring that you know how the case is progressing with regular updates.
• Ensuring that the claim is handled as efficiently as possible.

If you are represented by one of our solicitors, your NHS claim will be dealt with on a No Win, No Fee basis. As such, you’ll only pay for their work if you are compensated.

The type of contract used by our solicitors is called a Conditional Fee Agreement (CFA). When you fund a solicitor’s work with a CFA, the maximum percentage of your compensation that can be deducted as a success fee is 25 per cent.

Why not give us a call now to see if you could make a No Win, No Fee NHS injury at work claim?

Will I Lose My Job If I Sue the NHS for Compensation?

Making a claim against the NHS following an accident at work is not grounds for you to face any type of disciplinary action. In fact, you are legally protected from being sacked, disciplined, demoted, punished or bullied as a consequence of a personal injury claim so long as the claim is genuine.

If you believe you have been unfairly treated after making an NHS injury claim, why not speak to a legal advisor about your options? You could be entitled to make a separate unfair or constructive dismissal claim.

How Long Might the Claims Process Take?

We can say exactly how long it might take for a claim to be processed because each case is dependent on several factors.

For instance, if you’ve made a complete recovery already and the NHS accepts liability for your accident right away, it might only take a few months for you to receive your compensation payout.

However, claims for serious injuries can take several years. For instance, if you’ve sustained serious damage to your spinal cord, it may take a while for your prognosis to be understood properly. This delay may extend your claim but, in some circumstances, you might be entitled to interim compensation payments to help you deal with lost income, care costs or other immediate expenses.

Contacting Us About an NHS Injury Claim

If you’ve been injured while working for the NHS and believe that the accident was not your fault, why not contact us now to see if you could be entitled to claim compensation by:

• Calling a legal advisor on 0333 241 2519.
• Using our online chat service.

There’s no obligation to proceed with a claim after we’ve reviewed your case but we could connect you with a specialist solicitor if we believe your claim is suitable. Crucially, any accepted NHS injury claims will be dealt with on a No Win, No Fee basis.