How To Claim NHS Injury At Work Compensation
Last Updated 29/09/2025. NHS staff have the right to do their job in a safe environment, just like anyone else. Unfortunately, when an employer fails to take the necessary precautions, NHS staff accidents at work can occur. If this has happened to you and led to you being hurt through no fault of your own, you may be able to start pursuing NHS injury at work compensation.
UK Law maintains a 24/7 helpline, so if you would like free advice or want to know if you can make a claim, someone will always be on hand to speak with you. We work with a highly knowledgeable and specialised panel of solicitors with decades of experience across multiple types of claims. They use their expertise to deliver an empathetic service that supports every client from start to finish throughout the claims process.
Answers To Your Questions
- Will my claim impact healthcare services? No, as the NHS maintains separate budgets for healthcare services and compensation payouts.
- What steps can my employer take to protect my safety? Your employer can provide the right training, carry out risk assessments, and ensure any light fittings, work equipment, and walkways are kept in adequate condition.
- Will I lose my job as an NHS worker if I claim? Making a claim for a workplace accident that wasn’t your fault isn’t grounds for the NHS to dismiss or discipline you.
- What is the NHS Injury allowance? This scheme provides financial support to NHS staff who have been injured or developed an illness as a result of their employment.
- Can I claim for any loss of earnings? Yes, if any loss of earnings was a direct result of you suffering an injury at work as an NHS employee.
Jump To A Section
- Who Can Claim NHS Injury At Work Compensation?
- How Much Compensation Could I Receive?
- Examples Of NHS Staff Injuries
- Can I Be Sacked For Making An Accident At Work Claim?
- The NHS Injury Allowance Scheme
- How To Claim NHS Injury At Work Compensation
- What Is A No Win No Fee Agreement?
- Learn More
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 Personal Protective Equipment at Work Regulations 1992 – employees must be provided with appropriate personal protective equipment (PPE), such as safety goggles.
- The Provision and Use of Work Equipment Regulations 1998 (PUWER) – work equipment must be correctly maintained and suitable for the task, preventing avoidable harm.
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:
- Your employer owed you a duty of care, under legislation such as the HASAWA.
- They failed to meet their duty of care, such as by providing inadequate training to safely carry out your duties or providing faulty equipment.
- 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. This suggested range has been taken from the Judicial College Guidelines (JCG), a resource that may be used by workplace accident solicitors when determining compensation for various types of injuries. The text is useful for this as it publishes these guideline ranges with various injury types.
The amount of compensation you may receive will depend on 2 heads of claim, the first of which 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 brackets taken from the JCG. However, the top entry does not come from the JCG and the table is included purely for guidance.
| Injury Sustained | Severity | Compensation |
|---|---|---|
| Multiple types of injury and special damages, such as medical bills | Very severe | Up to £1,000,000+ |
| 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.
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.
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 is a contract that allows you to be represented by a specialist solicitor without having to pay any upfront service fees for their work. Our panel of solicitors use a specific type of No Win No Fee arrangement called a Conditional Fee Agreement (CFA). This means that you will also not be charged ongoing service fees, or any if your claim is lost.
If your claim does win, a success fee would be deducted from your compensation. This is agreed upon before you start the claims process. and the percentage of the fee is capped by law.
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:
- Talk to us online over our live chat.
- Phone 020 3870 4868 to speak to an advisor.
- Or, click here to begin a claim online.
Learn More
The following resources can help you learn more about workplace safety and the personal injury claims process.
- Check how to make your workplace injury claim in this resource.
- Here we look at how to prove loss of earnings for an injury claim.
- Learn more about different types of accidents in the workplace in this guide.
Resources
- You can learn more about work-equipment policies NHS organisations may have in this resource.
- View information from the Health and Safety Executive (the UK’s regulator for health and safety at work) on the Control Of Substances Hazardous to Health in this resource.
- You can find the health and safety policy applicable to NHS employees in this resource.
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.
