Support workers play a vital role in caring for vulnerable individuals, but this work can sometimes put them at risk of injury or assault. There is no obligation on any employer to pay a staff member their full standard salary if they are off work due to illness or injury – even if it happened at work. In such circumstances, most employers will stop paying the usual salary and instead place them on to sick pay (SSP). This obviously has huge financial implications, but claiming compensation can help – making up for your lost income and more.
While some level of risk may be inherent in the job, employers have a legal obligation to minimise these risks and protect their staff. This guide will explain your rights as a support worker, when you might be eligible to claim compensation, and how to proceed with a ‘no win no fee’ claim.
What Counts as an Injury or Assault in Healthcare?
Injuries and assaults in healthcare settings can take many forms:
- Physical assaults (hitting, kicking, biting, etc.)
- Verbal abuse, including racist, sexist, or homophobic abuse
- Injuries from lifting or moving patients
- Slips, trips, and falls
- Needle stick injuries
- Psychological trauma from witnessing distressing events
The Health and Safety Executive (HSE) defines work-related violence as “any incident in which a person is abused, threatened or assaulted in circumstances relating to their work.”
Care and support worker injuries can be sustained in a whole range of scenarios (see the comments below for an idea). This is particularly true when supporting people with behavioural problems, mental health issues, high stress levels or addiction issues.
Bear in mind too that routine work accidents also happen to support workers, just as they do to people in any other job. If you’ve been badly injured by a trip hazard, a falling object or something similar – and another party was to blame – we can advise if you’re eligible for compensation.
Eligibility for Making a Compensation Claim
You may be eligible to claim work injury compensation if:
- Your employer failed in their duty of care
- The incident occurred within the last 3 years
- You suffered a physical or psychological injury as a result
Factors that could indicate employer negligence include:
- Lack of proper training (e.g., in handling aggressive behavior)
- Inadequate staffing levels
- Failure to provide necessary safety equipment
- Not informing staff about known risks with particular patients
- Lack of up-to-date care plans or risk assessments
Health and care work carries more risks than a standard office job, but that doesn’t mean injuries or assaults should be seen as unavoidable. In fact, the opposite is true.
All employers have a legal duty of care for the safety of their employees. They have a responsibility to assess any potential risks you might face, to keep you informed of them, and to take all reasonable steps to meet any required safety standards.
They also need to make sure you have the training to deal adequately with the people you’re helping. In some support work roles, this would be expected to include Management of Actual or Potential Aggression (MAPA) or Managing Violence & Aggression (MVA) training.
Employers should also ensure that the individuals you’re supporting have up-to-date care plans and risk assessments, as well as informing you if they have any potential risky behavioural traits.
If your injury has been sustained as a result of a lapse in your employer’s duty of care, or due to the negligence of one of your colleagues, you could well be eligible to make a claim. If, for example, your employer was aware – or should have been aware – that an individual had a history of violence and aggression, but had neglected to inform you, this could strengthen your case.
What to Do If You’re Injured by a Patient
- Report the incident immediately to your employer
- Ensure it’s recorded in the accident book
- Seek medical attention, even for seemingly minor injuries
- Gather contact details of any witnesses
- Take photographs of any visible injuries or hazards
- Keep a record of any expenses incurred due to the injury
All injuries sustained, either in a regular workplace or while undertaking support work, should be reported to your employer at the earliest opportunity.
Employers should have official accident and injury books for you to fill in, but in other situations you may have to make a report independently. Try to include as much specific detail as you can, covering where, when and how the injury occurred. You should also highlight any possible areas that would show employer negligence.
Care work often involves solo, one-on-one support, so in the absence of other witnesses, making an accurate incident report can be key. If other people did witness the incident, however, it would be very useful for your claim to keep a record of their details.
If you’ve been unable to report the injury, or your employer prevented you from making an official record, don’t panic – we can help you to do so.
Remember, you have legal rights after a work injury, for example, being able to request lighter duties while you recover. So make sure you understand them.
Keep a record of all treatment you receive and any medication you’re prescribed. If your case is successful, medical evidence will be one of the things that’s used to work out the compensation you’re due.
Types of Compensation You Can Claim
Settlement values are comprised of what are known as general and special damages:
- General Damages: For pain, suffering, and loss of amenity
- Special Damages: For financial losses, including:
- Lost earnings
- Medical expenses
- Travel costs
- Care costs
- Damaged personal property
Compensation Amounts
How much compensation you receive will largely be determined by the severity of your injury and the impact it has had on your life.
The general damages portion of a claim compensates you for the pain and suffering you’ve endured, and also includes loss of amenity, which covers your overall enjoyment of life.
The special damages portion looks at the impact your injury has had on your life. In the case of a valid claim, you would likely be in a position to recover the loss of income (including future income) caused by your injuries, as well as any other expenses you’ve incurred as a result.
It’s important that you can prove these expenses, so you should always keep receipts for any taxi fares, hospital car parking, petrol costs, massage therapies, prescription costs or physio treatments.
Each incident is different, of course, but if your case is successful, our long experience in claims work means we’ll be able to ensure you receive the sum you’re fairly due.
Understanding the claims process can help you navigate your case more effectively and set realistic expectations. Here’s a detailed look at each step:
1. Initial Consultation
The process begins with a free consultation with one of our specialised solicitors. During this meeting, you’ll discuss the details of the incident, including how it occurred, the injuries you sustained, and how they’ve affected your life and work. The solicitor will assess the viability of your claim, explain the legal process, and discuss the No Win No Fee agreement. This is your opportunity to ask questions and decide if you want to proceed. The solicitor will also advise you on any immediate steps you should take, such as gathering specific evidence or seeking further medical attention.
2. Gathering Evidence
This crucial step involves collecting all relevant documentation to support your claim. Your solicitor will help you gather:
- Medical records detailing your injuries and treatments
- Accident reports from your workplace
- Witness statements from colleagues who saw the incident
- Photographs of any visible injuries or hazards
- Employment records showing lost wages
- Any correspondence with your employer about the incident or safety concerns
- Copies of relevant workplace policies and procedures
This evidence forms the foundation of your claim, demonstrating both liability and the extent of your injuries. Your solicitor may also request additional documents from your employer, such as risk assessments or training records.
3. Notification of Claim
Your solicitor will prepare and submit a formal Letter of Claim to your employer or their insurer. This document outlines the circumstances of the incident, the injuries you’ve sustained, and why you believe your employer is liable. It also includes an initial valuation of your claim. The employer/insurer then has a set period (typically 21 days) to acknowledge receipt and a further three months to investigate and provide a formal response, either accepting or denying liability.
4. Medical Assessment
You’ll undergo an independent medical examination with a specialist appropriate to your injuries. This could be a physical or psychological assessment, depending on the nature of your injuries. The medical expert will review your medical records, examine you, and provide a detailed report. This report is crucial evidence, detailing:
- The nature and severity of your injuries
- Your prognosis and expected recovery time
- Any long-term or permanent effects
- Recommendations for future treatment or support
This independent assessment helps ensure that your claim accurately reflects the full impact of your injuries.
5. Negotiation
Once liability is established and the full extent of your injuries is known, your solicitor will enter into negotiations with the employer’s insurers to reach a fair settlement. This process involves:
- Presenting all the evidence gathered to support your claim
- Arguing for appropriate compensation based on your injuries and losses
- Responding to any counter-arguments or offers from the insurer
- Advising you on the fairness of any settlement offers
This stage may involve several rounds of offers and counter-offers. Your solicitor will keep you informed throughout and advise you on whether to accept or reject offers, but the final decision always rests with you.
6. Settlement or Court
Most support worker injury claims are settled out of court through negotiation. However, if an agreement can’t be reached, or if the employer denies liability, your case may proceed to court. Even if court proceedings are initiated, negotiations often continue, and many cases settle before the trial date. If your case does go to court:
- Your solicitor will prepare your case for presentation to a judge
- You may need to give evidence in person
- Expert witnesses (such as medical professionals) may be called to testify
- The judge will make a final decision on liability and compensation
Throughout this process, your solicitor will guide you, handle the majority of the paperwork and communication, and work to ensure you receive fair compensation for your injuries. They’ll keep you informed at each stage and be available to answer any questions you may have.
Remember, while this outlines the typical process, each case is unique and may involve additional steps or variations depending on the specific circumstances of your injury or assault.
Protecting Your Employment Rights
Making a compensation claim should not negatively impact your employment. It’s illegal for an employer to dismiss you or treat you unfairly for making a legitimate claim. If you face any retaliation, you may have grounds for an additional claim of unfair dismissal or discrimination.
No Win No Fee Claims
Most support worker injury claims can be handled on a No Win No Fee basis. Also known as a Conditional Fee Agreement (CFA), No Win No Fee means that if your compensation claim is unsuccessful, you won’t have to pay any legal fees to your solicitor. In summary:
- No win no fee agreements eliminate upfront legal costs for claimants
- No fees to pay if your claim is unsuccessful
- If the claim is successful, the claimant pays a success fee from their compensation
- The success fee is capped at 25% of the compensation awarded
- Claimants are protected from paying the defendant’s legal costs in most cases
- No win no fee agreements increase access to justice for all
Let Us Help
While support work can be challenging and sometimes risky, you have the right to a safe working environment. If you’ve been injured or assaulted at work due to your employer’s negligence, you may be entitled to compensation. This can help cover your losses, support your recovery, and potentially improve safety standards for your colleagues.
You’re in safe hands with Direct2Compensation. Our claims process is transparent and effective, and you’ll have the peace of mind that comes with our no-win, no-fee approach.
To find out more, or to start your claim today, call us 01225 430285. If you prefer, we can call you back. After just a few minutes on the phone, we’ll have enough information to allow our solicitors to get your claim started.
Frequently Asked Questions
Yes, especially if your employer failed to warn you or provide adequate training/support.
While immediate reporting is ideal, you can still claim if you report it later. However, prompt reporting strengthens your case.
Yes, claims can be made for psychological injuries resulting from workplace incidents.
It shouldn’t. It’s illegal for employers to discriminate against you for making a legitimate claim.
Generally, you have 3 years from the date of the incident to start a claim.
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