When Could I Make A Gym Injury Compensation Claim?

By Cat Reeves. Last Updated 14th March 2024. Staying fit and healthy is becoming more and more important in the UK as many of us find that we are above our ideal weights. Visiting the gym is a great way to participate in either exercise classes, get fit with friends, or work out alone. However, for some this can end in having to make a gym injury claim.

As the number of us visiting the gym on a regular basis has risen, especially during the recent lockdown, so have the number of people suffering accidents in gyms which lead to injuries.

Depending on the circumstances leading to it, an accident at the gym could result in a serious injury. If the injury stops you from being able to carry out your normal day-to-day activities or your job, you may incur significant costs.


A man in a gym with his trainer, holding his shoulder in pain.

Gym injuries may be mild, they may lead to life-changing consequences or in the most serious cases, even a fatal injury. Have you been injured at the gym? If so, you may be able to claim compensation.

Finding the right personal injury solicitor for your claim can be difficult. When it comes to claiming compensation for gym negligence it can be difficult to show that the accident or injury was preventable. It can also sometimes be tricky to know what to do after suffering an accident or injury in a gym. That’s why using a claims management service, such as ours, can be so helpful.

Contact our team today to find out how we can help you by calling us on 020 3870 4868. Or read the rest of our guide below to find out how to make a successful gym injury claim.

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Liability For Accidents And Safety In A Gym

The first thing to note is that there are no pieces of health and safety legislation that specifically relate to gyms. However, as the owner and operator of a workplace and a facility which is being used by the general public, they must observe legislation such as the Health and Safety at Work etc. Act 1974 and the Occupiers’ Liability Act 1954.

These Acts of Parliament contain an employers’ and an occupiers’ duty of care to customers and employees. Under the OLA the body in control of the gym premises has a duty of care to anyone visiting. This could be the owner of the building or the operator of the facilities. They have a legal duty to make sure the environment is reasonably safe for people to use.

Within a gym, there are several people who could have this responsibility. They may be:

The operator or occupier of the gym – this could be the team managing the facility who have a duty of care to keep people safe and secure when on the gyms internal or external premises. This may be the local authority or a private company.

Instructors at the gym – instructors, personal trainers, and other fitness staff are responsible for making sure people know how to correctly use the facilities and equipment in the gym. They must have the right qualifications and training to do this. If they do not have this adequate training they could be found to be at fault. In such cases, the managers of the facility must ensure that their staff has the correct training. If either the operators, managers, or staff have acted negligently you could be able to seek gym accident compensation.

What If The Gym Is Not Liable?

Establishing who is liable for an accident in a gym is not always easy to do. There are some situations where, whilst the injury was not your fault, the operator of the gym cannot be considered liable either. This could be if the gym is deemed to have taken all the steps necessary to make sure the customer and staff areas are safe to use.

Incidences where the gym itself may not be liable for your injury could be where equipment is found to be at fault. It could be that the manufacturer of the equipment or exercise machine produced it with a defect.

Without knowing the particular circumstances of your accident or injury, it can be difficult to be able to ascertain where liability lies in your particular case. So why not get in touch with our team to find out more.

What Are The Most Common Type Of Gym Accidents And Injuries?

There is a wide range of different equipment which is commonly used by customers in a gym. Many of these things are difficult to use and can also be very heavy, such as weights.

As such, injuries at the gym could be more serious than those that people suffer when participating in other activities.

Some injuries which are commonly suffered in a gym include:

  • Sprains, strains, and pulled muscles.
  • Injuries to the shoulder.
  • Injuries to the knees.
  • Dislocated joints.
  • Injuries to the tendons.

Any of these accidents could lead to a person bringing a gym injury claim against the owner or operator of the gym.

The Steps You Should Take After A Gym Accident Or Injury

Have you been injured whilst using your gym? Do you need to claim gym accident compensation? If so, there are several things that you can do before finding a personal injury solicitor to make your gym injury claim.

No matter what injury you suffer or the cause of it, your first step should always be to get any medical care that you need. After this, these are some of the steps and things which you should keep in mind.

  • Keep copies of your medical records and notes. These can serve as an official record of the injury that you suffered and help to boost your gym injury claim.
  • Ask for the names and contact information of anyone who witnessed your accident or injury take place. They could provide supporting statements in your gym negligence case.
  • Try to record the scene of the accident and the injuries which you have suffered. One of the best ways to do this is to take photos of the circumstances, any faulty equipment, and your injuries. With camera phones being ubiquitous, many people still have these with them on the gym floor to take selfies or to use as a music player.
  • Make a note of what happened, how it happened and when your accident happened. Your memory can sometimes become a bit fuzzy over time, so write down this information as early as possible. Doing so may also mean that things such as CCTV footage can be checked for the time of the injury to see if it is visually recorded.
  • Don’t admit your own liability or fault at any point before talking to a solicitor as this could endanger your claim.

The best advice is always to talk to a specialist personal injury solicitor as early as possible after your accident happens. Not just for the reasons above, but because time limits apply to personal injury claims.

Under the Limitation Act 1980, you have just 3 years from the date of the accident to issue a claim. A failure to do so could see you prevented from seeking compensation altogether.

If you have any queries about what to do after an accident, our team can help. Simply call us on the number at the top of this page.

An empty gym bathed in sunlight

Gym Injury Compensation Claims Calculator

You might be wondering how much gym injury compensation you could receive. Generally, personal injury compensation can be split into two heads: general damages, and special damages.

The first head, general damages, is awarded to all successful personal injury claimants. This is because this head of claim addresses your injuries and their effect on your life. This includes the pain and suffering they’ve caused, as well as any loss of amenity.

When this head of claim is calculated, the Judicial College Guidelines (JCG) can be used to help. This is because it contains guideline compensation amounts for a number of different injuries, both physical and psychological.

In the table below, you can find some examples of these injuries. Please note that the first entry in this table has not been taken from the JCG.

Guideline Compensation Brackets

Multiple Severe Injuries And Special DamagesUp to £500,000+Multiple severe injuries combined with financial losses, like lost earnings and the cost of travel.
Moderate Brain Damage (c) (i)£150,110 to £219,070Brain damage that causes a personality change, along with an effect on speech, sight, and other senses, and brings a risk of epilepsy.
Total Loss Of One Eye (d)£54,830 to £65,710This bracket depends on the age of the claimant, as well as the psychological and cosmetic effects of the injury.
Chest Injuries (d)£12,590 to £17,960A simple injury that causes some permanent damage to tissue but has no significant long-term effects.
Bowel Injuries (b)Up to
There is a dependence on colostomy after a total loss of natural function.
Moderate Neck Injuries (b)£13,740 to
Soft tissue injuries, wrenching type injuries, disc lesions, and injuries that exacerbate or accelerate existing conditions.
Moderate Shoulder Injuries (c)£7,890 to £12,770Frozen shoulder that causes limited movement.
Less Severe Arm Injuries (c)£19,200 to £39,170A substantial degree of recovery takes place despite significant disabilities.
Wrist Injuries (h)£12,590 to £24,500Less severe injuries that still result in some kind of disability.
Less Serious Leg Injuries (c) (i)£17,960 to £27,760Serious soft tissue injuries and fractures that lead to an incomplete recovery.

Special Damages

The second head of claim, special damages, addresses the financial losses you experience as a result of your injuries. For example, if you need to take time off work in order to recover from your injuries, this could lead to lost earnings. In this case, you might be able to claim these losses back.

You may also be able to claim back the cost of:

  • Travel.
  • Prescriptions.
  • Mobility aids.
  • Childcare.
  • Help with housekeeping.

Evidence will need to be presented of these losses in order to receive compensation for them. Evidence could include receipts, bank statements and payslips.

To learn more about making a gym injury compensation claim, contact our team of helpful advisors. They can evaluate your claim for free, and provide more information on the claims process.

No Win No Fee Compensation Claims For Gym Accidents

Now that you know more about making a gym injury compensation claim, you might be wondering how a solicitor could help. You aren’t obligated to work with a solicitor, but it can help make the process feel less stressful.

A solicitor can help you prepare for the claims process by gathering evidence and explaining each step as it happens. They can also help make sure that your claim is started within the correct time limit.

Our panel of solicitors work on a No Win No Fee basis and offer their clients a Conditional Fee Agreement (CFA). This means that when you work with a solicitor from our panel, you don’t need to pay them upfront for their services. Likewise, if your claim fails, you don’t need to pay for their work on the case.

However, if your claim succeeds, your solicitor will take a success fee. They’ll take this from your compensation as a small percentage, though there is a legislative cap in place to help ensure that the larger share stays with you.

Talk To Our Team Today

If you are ready to make a gym injury claim or are in need of further information, you can talk to us today.

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