For those injured in NHS staff accidents, you must be able to prove that your injury was directly caused by your employer breaching their duty of care to be eligible to pursue a personal injury claim against your employer.
In this guide, we will explain in further detail the duty of care you are owed by your employer while at work and the types of accidents you could be involved in should they breach this duty. Furthermore, we will explore the types of evidence you could collect to help support your case. Lastly, we will share some of the benefits of making a personal injury claim with one of the No Win No Fee solicitors on our panel.
Additionally, you can contact our advisors if you have any questions that this guide may have not covered. Our friendly team is available 24 hours a day to help you and provide free advice.
To be connected with an advisor today:
Select A Section
- Who Could Claim For NHS Staff Accidents?
- Examples Of Staff Accidents In A Hospital
- Employer Duty Of Care For Staff
- How To Make Workplace Injury Claims For NHS Staff Accidents
- What Could You Claim For Workplace Accidents?
- Claiming For NHS Staff Accidents With A No Win No Fee Solicitor
To be eligible to make a personal injury claim following an accident at work, you will need to prove that you suffered your injury due to your employer breaching their duty of care. A breach of duty of care that causes injuries is classed as negligence.
Your employer owes all their staff a duty of care under the Health and Safety at Work etc. Act 1974 (HASAWA). They must take practicable steps to ensure your health and safety while you are in the workplace or completing work-related duties. Later in this guide, we will provide some examples of the steps your employer could implement to uphold their duty of care.
If your employer were to fail to adhere to this duty of care, this could result in you being injured in a workplace accident, and you may be able to make a claim for compensation.
There are various ways that an accident at work could occur. However, you must prove that negligence occurred to be able to make a personal injury claim.
Some examples of how you could be injured in a workplace accident include:
- There is a spillage in the corridor at work. This spillage has not been cleaned or clearly signposted. Due to this, you slip and suffer an ankle injury.
- If your employer fails the check that there is adequate lighting in stairwells, this could cause you to fall down the stairs due to being unable to see, and you could suffer a head injury.
- There are trailing wires all over the office floor, as a result, you trip and fall, causing a hand and wrist injury. If there had been a risk assessment carried out, these wires would have highlighted a tripping hazard.
Contact our advisors today to find out more about the claims process for NHS staff accidents.
As we touched upon above, your employer owes you a duty of care whilst you are at the workplace and completing work-related duties. Some of the safety measures your employer could implement to maintain their duty of care include:
- Performing regular risk and hazard assessments, to identify and resolve any potential risks in the workplace that could cause an accident.
- Ensuring all staff members have received sufficient and adequate training.
- Providing employees with any necessary personal protective equipment (PPE).
If your employer were to breach their duty of care, this could result in an accident occurring, and you may be injured in this accident. In this instance, you may be eligible to make a claim for compensation.
Contact our advisors today to discuss your claim, or if you have any questions regarding personal injury claims for NHS staff accidents.
Collecting sufficient evidence could help support your personal injury claim. It could help prove that your employer was liable for the accident, and the injuries you suffered.
Some examples of the evidence that could be collected to help support claims for staff accidents include:
- A copy of your medical records stating the type of injury you suffered and the treatment you needed for it.
- A copy of the report in the accident book.
- Any CCTV footage or other videos that capture the accident taking place.
- The contact details of anyone who witnessed the accident, so that they can provide a statement later on.
If you decide to work with a solicitor for your claim, they could assist you with gathering evidence.
Contact our advisors today to see if you could be eligible to work with one of the solicitors on our panel.
If you make a successful personal injury claim, your compensation settlement will include general damages. This head of claim compensates you for the pain and suffering you have endured, as well as how your quality of life was affected, due to your injury.
When valuing this head of claim, a legal professional may refer to a document called the Judicial College Guidelines (JCG). This is because this document provides a list of guideline compensation brackets for various types of injuries.
In the table below, we have provided some of the figures stated in the 16th edition of the JCG. However, you should only refer to this table as a guide.
|Injury||Guideline Compensation Bracket||Additional Notes|
|Head Injury - (c) Moderate (i)||£150,110 to £219,070||Injuries that leave a moderate to severe intellectual deficit, change to personality with impact on speech and vision|
|Neck Injury - (a) Severe (i)||In the region of £148,330||Associated with incomplete paraplegia with no neck movement despite wearing a collar 24-hour a day.|
|Leg Injury - (b) Severe (iii) Serious||£39,200 to £54,830||Serious comminuted or compound fractures causing joint instability and almost certain development of arthritis|
|Injuries to the Pelvis and Hips - (a) Severe (iii)||£39,170 to £52,500||Fractured acetabulum leading to degenerative changes over time and an increased likelihood for hip replacement surgery|
|Back Injury - (b) Moderate (i)||£27,760 to £38,780 ||A residual disability after compression or crush fracture of the lumbar vertebrae, which causes constant pain and discomfort|
|Ankle Injury - (c) Moderate||£13,740 to £26,590||Injuries such as ligamentous tears and fractures that make it difficult to walk on uneven ground or for long periods of time.|
|Knee Injury - (b) Moderate (i)||£14,840 to £26,190||A torn cartilage or dislocation injuries that cause minor instability, wasting or other mild disabilities.|
|Wrist Injury - (c)||£12,590 to £24,500||A less severe wrist injury that results in some disability that is permanent such as a degree of stiffness.|
|Shoulder Injury - (c) Moderate||£7,890 to £12,770 ||Frozen shoulder and soft tissue injuries leaving limited movement and pain.|
|Elbow Injury - (c) Moderate or Minor||Up to £12,590||Simple fractures, tennis elbow syndrome and lacerations that cause no long term issues or permanent impairment to function.|
Additionally, you may also be awarded special damages if your personal injury claim is successful. This aims to compensate you for the financial losses and costs you’ve incurred due to your injury. For example, if you’ve required time off work to recover from your injury, this may have resulted in a loss of earnings. Under special damages, you could claim these lost earnings back.
Some further examples of the financial losses you could claim for under special damages include:
- The cost of any prescriptions.
- Travel expenses, such as having to pay for buses or taxis to medical appointments.
- The cost of any home adaptations needed to cope with your injury, such as installing a ramp.
However, you will need to provide evidence of these losses, such as payslips, receipts and bank statements.
Contact our advisors today to see if you could be eligible to make a claim for compensation. They could also advise you on how much your injury may be worth should you make a successful claim.
If you are eligible to make a workplace accident claim for compensation, one of the solicitors on our panel may be able to help you with your case. They have experience working on various types of personal injury claims. Additionally, they may offer to represent you on a No Win No Fee basis under a Conditional Fee Agreement (CFA).
Under this arrangement, you won’t be required to pay the solicitor working on your claim any upfront or ongoing fees for their services. Furthermore, you won’t have to pay them for the work they have done on your case if your claim fails.
If your claim succeeds, a small percentage will be deducted from your compensation award by your solicitor. This is known as a success fee, and the amount they can take is legally capped.
Contact our advisors today to see if you could be eligible to work with one of the solicitors on our panel. Our team is here to help answer any questions you may have about claims for NHS staff accidents 24 hours a day, 7 days a week.
To be connected with an advisor today:
More Information If Injured In NHS Staff Accidents
For more guides by us about personal injury claims:
- Can I claim for an office workplace accident?
- Do I need an accident at work solicitor near me?
- Advice on how to claim if blame is uncertain.
Or, for additional resources:
- Health and Safety Executive (HSE) – Health and Safety statistics for Great Britain 2021/22.
- Risk Assessements HSE
- Accident At Work Book HSE
Contact our advisors today if you have any further questions regarding personal injury claims for NHS staff accidents.