When Could You Claim For An NHS Staff Accident?

Have you suffered an injury in an NHS staff accident? Did the accident happen because your employer failed their duty of care? If so, you may be eligible to make a claim. 

NHS Staff accident

NHS Staff Accident Claims Guide

All employers owe their employees a duty of care. This means that they need to take all reasonably practicable steps to ensure that you’re safe while in the workplace. If they fail to do this, and you’re injured as a result, you could claim.

Our team of advisors can connect you with our solicitors if they think you have a strong claim. Furthermore, they can answer any questions you have about the process of claiming. For more information, you can:

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When Could You Claim For An NHS Staff Accident At Work?

If you work for the NHS on a permanent, agency, or temporary basis and you’ve suffered an injury due to employer negligence, you may be able to make a claim. However, to be eligible to make a workplace accident claim, it is essential that you can prove that your employer’s negligence caused the accident and that you were injured at work as a result. 

This means that you cannot claim just for an accident happening. It must have been the fault of your employer. If you were injured because of your own negligence, or because of an issue that was out of anyone’s control, then you would not be able to claim.

However, in some cases, you might be able to claim compensation if you were partly at fault for the accident in which you were injured. This is called a split liability claim, and your award will depend on the amount you’re considered to have contributed to your accident.

Our panel of personal injury solicitors can help you make a claim if they think you have a strong enough case. Get in touch today.

What Types Of NHS Staff Accident Could You Claim For?

As we mentioned above, to form the basis of a successful claim, your injuries must have come about due to employer negligence. There are plenty of instances in which an NHS staff accident can occur. Some examples of how employer negligence could contribute to an accident at work include:

  • Manual handling accidents: This type of accident may occur if you are moving patients or equipment without being properly trained. Your employer should provide adequate training for this part of your job.
  • Slips, trips and falls: If there is a wet floor, or walkways are cluttered with debris, you could slip or trip resulting in a serious accident at work. Wet floors should be marked while working environments should be free of clutter. 
  • Exposure to hazardous substances: Some NHS staff are exposed to hazardous substances as part of their job. Under the Control of Substances Hazardous to Health Regulations 2002, a risk assessment should be in place and exposure must be kept to a minimum where possible. 
  • Equipment injuries: Faulty equipment can pose a serious risk of injuries such as electric shocks and burns. While it may not always be the fault of an employer, they should always follow the Provision and Use of Work Equipment Regulations 1998. Employers should ensure work equipment is safe to use and that it is used by someone who has adequate training. Where appropriate, equipment should be used with Personal Protective Equipment (PPE) too.
  • Needlestick injuries: NHS workplaces, such as medical centres and surgeries, carry a significant risk of handling contaminated syringes. Staff should be trained on how to safely handle and dispose of needles, while general hygiene practices should be in place.

How Many People Are Injured Working For the NHS? 

The Labour Force Survey (LFS) studies employment in the UK. Their most recent findings into the health and social industry were published by the Health and Safety Executive in 2021.

The LFS found that:

  • There were 82,000 cases of non-fatal work-related injury
  • In 36% of cases, there were absences over three days
  • A further 30% involved absences of more than 7 days
  • There were an estimated 253,000 work-related ill health cases
  • Around 49% of these cases were stress, depression or anxiety

If you have been in an NHS staff accident and have evidence of your employer’s negligence, our panel of personal injury solicitors could help you make a claim. Get in touch with our team today. 

What Duty Of Care Does The NHS Have?

The Health and Safety at Work etc. Act 1974 (HASAWA) is one of the central pieces of legislation in place to help ensure a safe working environment and protect your rights after an accident at work. Section two sets out your employer’s duty of care that, if breached, could result in you being injured. 

The following examples demonstrate how an employer can breach their duty of care and potentially be liable for  an NHS staff accident:

  • Lack of training: You may work in a hospital role in which you are required to manually lift and handle heavy equipment. There is a risk you could injure your back if you receive inadequate training on safe lifting techniques.
  • Poor housekeeping: Your employer is responsible for reducing trip and slip hazards, therefore should ensure spillages are cleaned up in a timely manner and walkways are kept free of clutter. There is a risk you could slip, trip or fall if routine risk assessments are not carried out.
  • Inadequate PPE: PPE is necessary to protect you in workplaces where hazards could be a major risk, for example, if you work in a ward where patients have an infectious disease and your employer does not provide you with PPE, or you are knowingly given inadequate PPE, you could be at risk of contracting a disease. 

Our team of advisors are here to help you with any queries 24/7. You can get in touch by using the live chat feature on this page.

Stage Of Making A Personal Injury Claim?

If you have been in an NHS staff accident, you could consider taking the following steps:

  • Get medical attention: Whether your injury is serious or not, it is important for your health and wellbeing that you seek medical attention following the accident. Furthermore, medical reports can provide key evidence if you pursue a claim.
  • Gather evidence of what happened: Firstly, collect witness details of anyone who saw the accident happen. They could provide a statement to support your claim. Secondly, take photos of your injury and where the accident happened. Finally, it may be useful to request CCTV footage of the accident. 
  • Complete the accident report book: You may work in a workplace with ten or more employees. If this is the case, it is a legal obligation for your employer to have an accident book. You should fill this out with as much detail as you can. A colleague may do this for you if you are unable to do so yourself.

You may also seek legal advice if you are making a personal injury claim. However, there is a time limit on making a claim, which is usually three years from the date of the accident. Exceptions can apply, however; speak with an advisor for more information. 

Meditation And Arbitration

Mediation is a common method of alternative dispute resolution in which a neutral third party attempts to resolve a dispute between two or more people or organisations without prejudice. The benefits of mediation are that it is cost-effective, since it is less expensive than court proceedings, and it is efficient, with disputes likely to be resolved faster than they would if you went to court.

Another method of resolving disputes without going to court is arbitration, in which an independent person called an arbitrator seeks to make a binding decision on a dispute between parties. Like mediation, arbitration is usually less expensive than going to court, and proceedings are essentially private. Therefore, the dispute and resolution can be kept confidential.

Get in touch with our team of advisors for more information on mediation and arbitration.

Calculating Compensation For An NHS Staff Accident

You may be wondering how much compensation you could be entitled to receive if you were involved in an NHS staff accident. The Judicial College Guidelines (JCG) are used by legal professionals to help value claims for a number of injuries.

We refer to the head of your claim relating to the pain and suffering caused by your injury as general damages. Below you can find a table of some general damage award brackets from the JCG.

Injury BracketHow Much?Notes
Moderate (i) Brain Damage£140,870 to £205,580Symptoms may include a moderate to severe intellectual deficit and your sight, speech and senses are likely to be affected.
Chest Injuries (a)£94,470 to £140,870In serious cases, you may have to have a lung totally removed and there will be permanent significant scarring.
Severe (i) Back Injuries£85,470 to £151,070There will be severe pain and disability with your bladder or bowel being significantly impaired.
Serious Shoulder Injuries£11,980 to £18,020Cases of soft tissue injury where intrusive symptoms are permanent will fall within this bracket.
Moderate (i) Injury to Pelvis and Hips£24,950 to £36,770Any permanent disability is not too significant and any future risk is not great. However, your injury will still have an impact on you.
Wrist Injuries (b)£22,990 to £36,770There may be permanent disability but some useful movement remains.
Severe Ankle Injuries £29,380 to £46,980Regular sleep disturbance, unsightly scarring and any need to wear special footwear determine the level of award within this bracket.
Serious Toe Injuries£9,010 to £12,900Sensitive scarring or permanent discomfort justify an award within this bracket.
Moderate Psychiatric Damage £5,500 to £17,900 There will be marked improvement in condition and a good prognosis for recovery
Less Severe Post-Traumatic Stress Disorder £3,710 to £7,680A full recovery will have been made within one or two years, but minor symptoms may continue.

You may also consider seeking special damages, which is the part of your claim that covers any financial losses caused by your injury, or that could incur in the future. However, it is necessary that you provide evidence to back your claim; for example, payslips can provide evidence for loss of earnings whereas invoices could demonstrate that you’ve had to pay for treatment. 

Speak to our team if you have evidence that your employer caused an accident that led to you sustaining an injury. If you have a valid claim, you could be connected with a No Win No Fee solicitor from our panel.

Talk To Our Team About Making An Injury Claim Against The NHS

Making a claim following an NHS staff accident may seem daunting, particularly if you are concerned about legal fees. However, working with a solicitor can help with this. The solicitors on our panel have the experience needed to help the claims process run more smoothly. They can also ensure that everything is included in your claim, which is important as you cannot make a second claim if everything is not included in the first. 

However, you might feel like funding legal representation in the usual manner is too much of a financial risk. In this case, a No Win No Fee agreement could be the answer.

A No Win No Fee agreement requires no solicitor fees, either upfront or ongoing. You also won’t need to pay your solicitor if you are not awarded compensation. 

If your claim is successful, you would then pay your solicitor a success fee. This is a legally-capped percentage deducted from your compensation. 

Our team of advisors can offer advice about making a personal injury claim. You can contact us by:

Resources 

The following resources may be helpful to you.

Health and Safety Policy – NHS England guide on health and safety in the workplace.

Managing risks and risk assessments at work – HSE guidance on the steps required to manage risks.

Concern Form – A way to report an issue to HSE.

Some more of our guides that you may find useful.

How Do You Prove Employer Liability – What criteria your employer must meet to be liable for your accident at work.

Can You Make A Non-Employee Work Claim – This may be of interest if you are an agency worker for the NHS.

Claim With An Injury Lawyer Near Me – Find injury lawyers near you.

To gain a clearer understanding of the justifications and the evidence required to successfully claim in the event of an NHS staff accident, speak to our team today.

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