How To Claim NHS Injury At Work Compensation

Understanding how to make an NHS injury at work compensation claim can be essential in helping you recover from a workplace accident. Whilst we do not have granular data for NHS, slips, trips and falls, handling lifting or carrying, and workplace violence, they are all common causes of workplace injuries. If you were harmed in these or another type of accident caused by your employer’s failure to meet their duty of care, you could claim compensation.

Key Takeaways For Claiming NHS Injury At Work Compensation

  • Health and social care had the highest rate of self-reported work-related ill health across the period from 2021/22 to 2023/24, at 5,953 per 100,000 workers. According to Health and Safety Executive statistics.
  • Whilst the NHS Injury Allowance Scheme offers temporary support, making a personal injury claim could provide you with further financial help.
  • Employment law protects NHS staff from being unfairly dismissed for making a compensation claim.
  • A specialist workplace accident solicitor from our panel could help you to claim compensation.

If you have been injured at work whilst working for the NHS, starting the claims process as soon as possible can help you secure the compensation you are owed. Whether you need to know more about how the claims process works or are ready to start working with a solicitor, our team is ready to help you.

Contact us to find out how to claim for an accident at work,

A healthcare worker shows signs of psychological injuries.

Jump To A Section

Who Can Claim NHS Injury At Work Compensation?

You could claim compensation for an NHS injury at work if your employer failed to uphold their duty of care under workplace health and safety legislation.

Under legislation, such as the Health and Safety at Work etc. Act 1974 (HASAWA), all employers must take reasonable and practical steps to protect workers from harm. The NHS must adhere to this legislation.

Steps employers in the NHS may take include:

  • Ensuring employees are adequately trained to safely carry out their duties.
  • Carrying out regular risk assessments to identify workplace safety hazards.
  • Maintaining safe working environments, including correctly maintaining workplace equipment.

In addition, NHS employers may need to adhere to further workplace safety legislation, such as:

The failure to adhere to these (and other workplace safety laws) could result in avoidable workplace accidents.

To make a successful personal injury compensation claim, claimants must demonstrate that:

  1. Your employer owed you a duty of care, under legislation such as the HASAWA.
  2. They failed to meet their duty of care, such as by providing inadequate training to safely carry out your duties or providing faulty equipment.
  3. An accident happened directly as a result of this negligence, causing you harm. This harm may present as a physical or psychological injury.

If your case meets these criteria, you may have grounds to make an NHS injury at work compensation claim. A solicitor from our panel could assess your case, helping to determine whether you are eligible to claim.

How Much Compensation Could I Receive?

An injury resulting in severe brain damage could be awarded between £344,150 and £493,000 in compensation. These figures have been taken from the Judicial College Guidelines (JCG). This is a resource that may be used by both workplace accident solicitors and the courts when determining compensation for various types of injuries.

The amount of compensation you may receive will be unique to the circumstances of your claim. Typically, a settlement may comprise two distinct heads of claim.

The first of these is general damages. These are automatically awarded to successful claimants and compensate for the pain and suffering caused by an injury. They can be calculated by referring to resources such as the JCG.

In our table, we present figures taken from the JCG, which may be relevant to workplace injury claims. The top entry does not come from the JCG.

Injury SustainedSeverityCompensation
Multiple types of injury and special damages.Severe injuries.Up to £1,000,000+ with special damages, such as for the cost of medical treatment.
Brain damage(a) Very severe.£344,150 to £493,000
Neck injury(a) Severe (ii).£80,240 to £159,770
Psychiatric damage(a) Severe.£66,920 to £141,240
Back injury(a) Severe (iii).£47,320 to £85,100
Leg injury(b) Severe (ii)£66,920 to £109,290
Kidney damage(b) Significant risks of infection in the future.Up to £78,080
Elbow injury(a) Severely disabling.£47,810 to £66,920
Shoulder injury(a) Severe.£23,430 to £58,610
Pelvic/ hip injury(b) Moderate (i).£32,450 to £47,810

Special Damages In NHS Accident At Work Claims

The second head of claim is special damages. Special damages, whilst not automatically awarded, may compensate for financial losses related to your accident and injuries.

Common examples of financial losses you could be compensated for may include:

  • Medical expenses – this includes the cost of medical care, treatment, and medication.
  • Physiotherapy – physical therapy necessary to help you recover from your injury.
  • Psychological therapy – such as treatment for a psychiatric injury caused by your accident.
  • Loss of earnings – such as lost wages, pension contributions and other workplace benefits.
  • Travel expenses – related to attending appointments for medical care.

As highlighted, special damages are not automatically awarded at the end of a successful personal injury claim. For these or other costs to be taken into consideration, you must provide evidence of these expenses or losses and their relationship to your accident. Evidence which may be submitted could include payslips, invoices for medical care and travel tickets.

If you want to know more about calculating compensation for a workplace accident, please contact one of our advisors.

A nurse helps an elderly patient stand up.

Examples Of NHS Staff Injuries

There are numerous different examples of how NHS staff injuries could occur, ranging from manual handling accidents to exposure-related illnesses.

Examples of how NHS workers could suffer injuries:

  • Manual handling injuries – such as joint damage, back pain and further musculoskeletal injuries. These could be caused by lifting or moving patients without proper training at work or the lack of necessary lifting equipment.
  • Needlestick injuries – such as infections and blood borne diseases transmitted through accidental exposure to contaminated needles. Incidents may occur where an employer has failed to provide proper training in the usage and disposal of sharps or PPE.
  • Exposure to hazardous substances – such as cleaning agents, surgical materials or medications without the right PPE or training could lead to respiratory problems, chemical burns and other health conditions.
  • Slips, trips and falls – could lead to head injuries, sprains or fractures. They may be caused by broken or damaged stairs, a wet floor or other trip hazards.

If you suffered an injury sustained whilst working for the NHS, you could be entitled to make a personal injury compensation claim. Please contact us for further help and support.

Can I Be Sacked For Making An Accident At Work Claim?

No, you cannot be sacked for making an accident at work claim against the NHS, or other employer. NHS employees have the same legal protection from unfair dismissal as those working in the private healthcare sector. This means that your employer, such as an NHS Trust, cannot terminate your employment simply for making a personal injury claim.

However, your employer may be justified in dismissing you if it is found that you caused an accident due to negligence, misconduct or recklessness. For example, disciplinary action may be taken against an employee who breaches safety protocols, potentially harming other staff members.

If you think that your employer wrongfully dismissed you after you made a compensation claim, you may have grounds to take them to an employment tribunal. Seeking legal advice can help to ensure that your right to claim compensation is upheld.

Someone has fallen down a staircase.

The NHS Injury Allowance Scheme

The NHS Injury Allowance Scheme provides financial support to NHS employees suffering injuries, illness or health conditions related to (in whole or in part) their employment.

The scheme tops up employees’ sick pay to 85% of their earnings. The scheme can pay out for up to 12 months per episode.

However, there are limitations to the scheme:

  • It does not cover the cost of medical treatment, nor does it compensate for future loss of earnings.
  • It is only payable where the employee is on a phased return to work or authorised sick leave.
  • The scheme does not cover long-term financial losses, pain and suffering.

The NHS Injury Allowance Scheme can provide temporary financial relief to those harmed in workplace accidents. However, pursuing a personal injury claim could secure more substantial compensation and support.

If your accident was caused by your employer breaching their duty of care, you could be entitled to claim compensation. For further information on seeking NHS injury at work compensation, please contact us.

How To Claim NHS Injury At Work Compensation

To claim NHS injury at work compensation, you need to follow the steps applicable to any workplace injury claim, such as reporting the incident, gathering evidence and filing the claim within the limitation period.

Your first step should be to seek medical care. This may involve visiting your GP, the hospital or calling for an ambulance, as necessary. Following this, please report your incident as soon as possible. This may involve reporting the accident and your injuries to your line manager.

The combination of the accident report and your medical records starts to build a body of evidence supporting your claim.

Subsequent evidence you could collect includes:

  • Witness contact details. Such persons may later be asked to provide witness statements supporting your case.
  • Photographs of visible injuries and of the accident scene. For instance, you may take photographs of broken or damaged flooring if you tripped and fell.
  • CCTV footage capturing the incident taking place.

In some instances, a workplace may not admit liability for your injuries, arguing that either they were not at fault, or that the injury was unavoidable. In these cases having a strong body of supporting evidence and legal representation can help you to pursue a claim.

Under the Limitation Act 1980, you must begin your personal injury claim within 3 years of the accident taking place. There are exceptions to this, such as cases where the claimant was aged under 18 or where they do not have the mental capacity to act on their own behalf.

In such instances, the time limit applies either from when the claimant turns 18 or where they regain their mental capacity. Prior to this, a litigation friend may file the claim on their behalf.

Get further information on the personal injury claims process by contacting our team.

What Is A No Win No Fee Agreement?

A No Win No Fee agreement, also called a Conditional Fee Agreement (CFA) is a type of agreement through which you can work with a specialist solicitor without having to pay any upfront legal costs. This means that if you do not win your claim for NHS injury at work compensation, there are no solicitors fees to pay.

If your claim does succeed, a success fee would be deducted from your compensation. This fee is agreed upon before you start the claims process and will be set out in the CFA. This ensures transparency of legal fees.

Contact Our Team

Making a workplace injury claim can seem complex, but our expert team can provide you with guidance throughout the process. Our advisors could provide a free, no obligation assessment of your case.

For further information, please:

A solicitor works on a claim for NHS injury at work compensation.

Learn More

The following resources can help you learn more about workplace safety and the personal injury claims process.

Resources

If your accident happened due to your employer failing to uphold their duty of care, you could be eligible to claim NHS injury at work compensation. Making a personal injury compensation claim could help you to recover your financial losses as well as getting help and support for your recovery. Whether you need further information on how claims work or want to explore your options, our team is ready to assist you.