A Guide To Making An NHS Accident At Work Claim

By Stephen Bishop. Last Updated 30th April 2024. As a worker in the NHS, you play an invaluable role in society. All staff are entitled under the law to work in a safe environment. This is an important right for everyone, especially NHS workers. Not just because what you do is important, but because those who depend on you need you to be safe and well. When an employer fails in their duty of care to their employees and allows them to suffer injuries or health problems because of an unsafe workplace, they could be liable to pay compensation, and that could lead to you having grounds to make an NHS workplace accident claim.

This guide will take you through some of the information you need to know about making an NHS accident at work claim and how our personal injury solicitors can help you do it. If at any time you have any questions or would like to begin a claim, you can get in touch with our team of personal injury claim experts. You can find the information on how to contact them at the top of this page.

Woman with injured limbs receiving treatment from a nurse in a hospital

Jump To A Section

  1. When Could You Make A NHS Accident At Work Claim?
  2. NHS Workplace Accident Statistics
  3. Types Of NHS Employee Accidents At Work
  4. NHS Accident At Work Claim Calculator
  5. What Else Could Be Included In A Potential Claim?
  6. NHS Injury Allowance Claims
  7. No Win No Fee NHS Employee Accident At Work Claims
  8. NHS Employee Accident Resources

When Could You Make A NHS Accident At Work Claim?

All employees, regardless of who they work for, are protected under the Health And Safety At Work etc Act 1974. This is a piece of legislation that requires all employers in both the public and private sectors to do everything reasonably possible to identify the risk of harm and prevent injuries from occurring in the workplace. There are other specific pieces of legislation, but this statute represents the key principle of workplace health and safety in UK law—that the employer is ultimately responsible for the safety of their employees.

The NHS outlines its own specific rules and regulations regarding workplace health and safety in this document. It specifies the workplace health and safety policies which both include and go beyond complying with the Workplace Health And Safety Act 1974.

If you suffered an injury while at work as an NHS staff member due to your employer failing to adhere to their duty of care, you could be eligible to make a personal injury claim.

Claiming Compensation From The NHS – Time Limits

You may be wondering ‘what is the time limit for claiming compensation from the NHS?’. Should an injury at work in the NHS occur as a result of negligence, then the time limit for starting a claim is 3 years, according to the Limitations Act 1980. This either runs from the date of the incident or the date of knowledge, which is when the injuries are connected with negligence.

If someone lacks the mental capacity to represent themselves in a claim, the time limit is suspended unless they regain the capacity to do so. A litigation friend can be appointed to represent anyone who is unable to start their claim. They can claim on their behalf at any point while the time limit is suspended.

Please speak to a member of our team for any questions you may have about injury at work claims.

NHS Workplace Accident Statistics

It is difficult to say definitively how common accidents and injuries are among NHS workers, although it is likely to be quite high. In a three year period between 2008 and 2011, 20,547 work-related injuries in the NHS were reported to the Health and Safety Executive. These include 2,057 sprained backs, 300 broken legs or broken arms, 50 skull fractures, five finger amputations and one case of blindness. The injuries reported to the HSE only include serious injuries—those causing the victim to take at least three days off work. Accidents less severe than this do not need to be reported. The HSE also estimates that 43% of the injuries that should have been reported to them were not officially recorded.

The most common cause of injuries for staff working in the NHS is slips, trips, and falls. However, in the past two years, the second-place spot has been taken by assaults on staff members, incidents of which have sadly risen over the past few years.

Overall the number of reported injuries has fallen somewhat over this period, though this may be due to under-reporting. Both Trade unions and NHS employment officers have alleged that some departments and hospital trusts within the NHS may be putting downward pressure on the number of reported workplace injuries in the NHS by discouraging staff members from taking the correct amount of time off work when they suffer injuries.

You can read more about the reports of NHS staff accidents in the source below.

Source

www.nursingtimes.net/roles/nurse-managers/exclusive-nhs-nurses-suffer-more-than-8800-serious-industrial-injuries-in-three-years-30-08-2011/

Types Of NHS Employee Accidents At Work

There are various types of accidents, injuries or illnesses that could potentially occur to an NHS worker if the duty of care they are owed by their employer is breached in some way. Potential causes of an injury at work in the NHS include the following:

  • A slip, trip or fall. Such accidents could potentially happen to a worker because of a hazard such as a spillage, loose cables or wires, or objects blocking a hallway, and the worker’s employer did not take reasonable steps to resolve this issue.
  • An employee was assigned manual handling activities such as moving heavy objects or equipment, but they were not given adequate training for this task. This could potentially lead to injuries for the employee, including sprains, strains and pulled muscles.
  • An employee was given faulty equipment or inadequate personal protective equipment (PPE) for a particular task they’ve been assigned. This could lead to physical injuries, such as a needlestick injury, or expose the employee to biological or chemical hazards.

For free advice on whether you’re eligible to claim for an NHS staff accident at work, contact our team today either online or on the phone.

NHS Accident At Work Claim Calculator

You are probably keen to find out how much money you may be entitled to for your injuries. At this early stage, it’s difficult to say with certainty how much your claim could be worth. What we can do, however, is show you how your compensation would be calculated. 

This table below is a compensation claims calculator. It shows a list of example injuries that might happen in an accident and the approximate value of the compensation that can be awarded for them. The figures in this table have been taken from the Judicial College Guidelines (JCG), a legal publication used by solicitors and the courts to value claims.

These figures have been taken from the latest available guidelines. Note that the first entry is not taken from the JCG. If you’d like a more precise valuation relevant to your unique circumstances, then please call the number at the top of this page and speak to one of our friendly advisors.

InjuryNotesCompensation
Multiple serious injuries plus special damagesIf you are eligible to claim for multiple serious injuries sustained while at work, then you may receive a payout covering all of them plus any related special damages, such as loss of earnings.Up to £150,000+
Toe injuries (a)Amputation of all toes.£44,570 to £68,430
Toe injuries (b)Amputation of great toeIn the region of £38,210
Jaw fractures (i)Serious and multiple fractures requiring prolonged treatment and resulting in permanent effects, such as pain and difficulty eating and the risk of the onset of arthritis.£37,210 to £55,570
Jaw fractures (ii)Serious fracture with permanent consequences, such as pain and difficulty opening the jaw.£21,920 to £37,210
Jaw fractures (iii)Simple fracture which requires a full immobilisation, but from which a full recovery is made.£7,880 to £10,660
Skeletal Injuries (a)Le Fort Fractures of Frontal Facial Bones£29,060 to £44,840
Skeletal Injuries (b)Multiple fractures of multiple facial bones, resulting in some degree of permanent deformity.£18,180 to £29,220
Dermatitis (a)Pain and cracked skin on both hands, causing an impact on employment and mental health lasting for a prolonged period of time.£16,770 to £23,430
Dermatitis (b)Dermatitis of one or both hands, settling after a period of treatment.£10,550 to £13,930
Dermatitis (c)Short lived rashes on one or both hands.£2,080 to £4,820

What Else Could Be Included In A Potential Claim?

If you work for the NHS, an injury at work could affect you in different ways. Your injuries may cause out of pocket costs and losses.

If your finances are affected due to the injury or illness sustained whilst performing your duties as an NHS employee, then you could be eligible to receive an additional payment known as special damages. This is made up of various figures that relate to the financial losses your injuries have caused you.

We have included some examples below:

  • Loss of earnings – Your injury or illness may prevent you from working while you recover. If this is the case, then your income may be affected. Your wages and other figures such as bonuses can be reimbursed to you via a special damages payment. It’s possible that this could also be processed on a temporary basis via the NHS injury allowance.
  • Medical costs – You may require specialist treatment or prescription medication to aid in your recovery.
  • Care costs – For instance, you may require additional care at home either while you recover, or even on a permanent basis.
  • Adaptations to your home – It’s possible your home may need to be fitted with certain modifications if you are left with a residual disability as a result of your injury.

There are other examples of special damages payments that could be included in a successful claim. Get in touch if you’d like to know more.

Do I Get Full Pay If Injured At Work in the UK?

If you’ve suffered an injury at work as NHS staff, you may wonder what financial security you have if you’re unable to work. It’s important to note that, regarding making a personal injury claim, you would only be able to do so if you can prove that your injury was caused by third-party negligence.

You may want to know if you get full pay if you’re injured at work. This can depend on the nature of your employment contract. Details such as sick pay, holiday pay and other benefits or features are stipulated within the contract you sign before agreeing to take on the role.

Your employer is ultimately under no legal obligation to give you sick pay whilst you’re off work injured, even if the injury was caused by employer negligence. This is one of the reasons you may find claiming compensation useful – as you can claim for loss of earnings as part of a claim.

To learn more about the sick pay benefits you may receive, you would need to contact your employer. However, if you have further queries about potential NHS staff compensation payouts, please contact us for a free consultation.

We can inform you of your claim eligibility and give you a compensation estimate at a time that works for you using the details above.

Hospital staff pulling a bed through a hallway

NHS Injury Allowance Claims

In addition to the compensation that you could claim for your injury, if you are employed by the NHS there is also a chance that you could be entitled to claim NHS injury allowance. If you take time off work due to an illness or injury caused by an accident or health and safety breach at work and you are on a phased return, then the NHS can top up your reduced earnings or sick pay for a period of up to 12 months. In successful cases, claimants may be entitled to claim up to 85% of their standard pay. You can read more about NHS injury allowance payments on the Royal College of Nursing website here.

No Win No Fee NHS Employee Accident At Work Claims

If you are eligible to claim for an NHS injury at work, we would recommend hiring a solicitor.
The solicitors on our panel could offer you their services on a No Win No Fee basis, which could benefit you if you have concerns about paying a solicitor upfront.

Under this arrangement, you typically won’t pay for the solicitor’s services if the claim is unsuccessful. Should your claim succeed, solicitors take a success fee that is capped by law under the Conditional Fee Agreements Order 2013.

Do you think you would benefit from this type of arrangement when hiring a solicitor for a claim following an injury at work? NHS staff are welcome to speak to our advisors for free. Find out how you can contact us in the next section.

Call us today on 0333 000 0729, or arrange a phone call at a time that suits you with our online enquiry form. You can talk to one of the experts on our team about how your NHS workplace accident claim and find out more about how claims work and about whether or not you are eligible to make one. You can do this if you want to get started right away or if you still haven’t made up your mind. Either way, our team of legal experts will be happy to provide you with a free consultation and answer all of your questions.

NHS Workplace Accident Claim Resources

Here are some further resources on making an NHS workplace accident claim:

Health And Safety Executive Website