Care Worker Injury Compensation – See If You Can Claim

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Quick Answer: Care workers in the UK who suffer injuries while fulfilling their care work duties may be able to make a compensation claim against their employer – if the employer was negligent in failing to uphold their duty to provide a safe working environment. Common injuries sustained by care workers include musculoskeletal or soft tissue injuries from lifting/moving patients, fractures or soft tissue injuries from slips/trips/falls, exposure to hazardous substances, needlestick injuries, burns/scalds, and lacerations, bruising or worse as a result of violence or assaults from patients with challenging behaviours.

Key Takeaways

  • Report Injuries Promptly: Report any work-related injury or incident to your employer immediately and ensure it is officially recorded in the accident book or reporting system. This creates an official record.
  • Seek Medical Attention: Get your injuries evaluated and obtain medical treatment, even if they seem minor initially. Medical records are crucial evidence for your claim.
  • Gather Evidence: Collect additional evidence like photographs, witness statements, accident reports, and risk assessment documents to support proving your employer’s negligence.
  • Be Aware of Time Limits: There are strict time limits for making a claim, typically 3 years from the date of injury in the UK. Act promptly to avoid missing the statutory deadline.
  • Consider Legal Representation: Work with a Solicitor specialising in care worker injury claims who can guide you through the process and pursue a no win no fee agreement to reduce financial risk.

By following these key steps, you can protect your rights and improve your chances of receiving fair compensation for injuries sustained due to your employer’s negligence in providing a safe working environment.

Care work is a noble and demanding profession. However, this vital role also exposes care workers to various risks that can lead to injuries being suffered whilst at work, both physical and psychological. From musculoskeletal disorders caused through the lifting and moving of patients & service users, exposure to hazardous substances and the potential for violence or assault, the challenges and risks faced by care workers are numerous.

For those injured whilst undertaking care work, the impact of these injuries can be far-reaching. Not only on the care worker’s physical well-being, but also their ability to work and maintain their quality of life. We understand that problems other than just injuries or pain such as financial burdens can quickly mount after an accident at work, often as a result of injury related expenses and lost wages during any absence from the workplace.

Claiming compensation if you have been injured whilst undertaking care work can really help with these issues and here we look at what makes a valid care work injury claim and how you can navigate the process of claiming with confidence.

Are You Eligible to Make a Claim?

The first question to consider is whether you’re able to pursue a claim for the injuries that you have sustained. With this in mind, injured care workers have to meet several criteria to be eligible for compensation:

  1. Employer Negligence: There must be evidence that the employer breached their duty of care. This could be by failing to provide a safe working environment, implement appropriate safety measures, undertake adequate risk assessments, update care plans or adequately train and support care workers.
  2. Causation: The injury sustained by the care worker must be directly linked to the employer’s negligence or the unsafe working conditions that they have allowed.
  3. Time limit: It is crucial to adhere to the time limits for making a claim, which is typically three years from the date of the injury in the UK.

Common Injuries for Care Workers

Care workers in the UK face a range of potential injuries due to the physically demanding and sometimes hazardous nature of their work. Some of the most common injuries include:

  1. Musculoskeletal Disorders: These injuries, such as back pain, sprains and strains are often caused by the repetitive lifting, transferring, and repositioning of patients needing care, as well as prolonged periods of standing or awkward postures whilst undertaking care work duties.
  2. Slips, Trips, and Falls: Care workers may experience these accidents due to cluttered work environments, wet or slippery floors, or poor lighting conditions in care facilities.
  3. Exposure to Hazardous Substances: Care workers may come into contact with various hazardous substances, such as cleaning chemicals, bodily fluids, or medical waste, which can lead to skin irritations, respiratory issues, or other health problems.
  4. Needlestick Injuries: Accidental needlestick injuries can occur during the administration of medication or other medical procedures, potentially exposing care workers to bloodborne pathogens.
  5. Burns and Scalds: Care workers may suffer burns or scalds from hot surfaces, liquids, or equipment used in the care setting.
  6. Violence and Assaults: Caring for patients with challenging behaviors, such as those with dementia or mental health conditions, can sometimes result in care workers being subjected to physical or verbal assaults.

Employers are legally bound to minimise the risk of such injuries occurring. They can be held liable to compensate injured staff if they have been negligent in doing so.

Employer Responsibilities to Prevent Care Worker Injuries

In the United Kingdom, several key pieces of legislation govern the legal framework surrounding workplace health and safety, including:

  1. The Health and Safety at Work etc. Act 1974: This act sets out the fundamental duties of employers to ensure the health, safety, and welfare of their employees and those affected by their work activities.
  2. The Management of Health and Safety at Work Regulations 1999: These regulations require employers to conduct risk assessments, implement appropriate safety measures, provide necessary training and equipment to employees, and establish emergency procedures.
  3. The Manual Handling Operations Regulations 1992: These regulations specifically address the risks associated with manual handling tasks, such as lifting and moving patients, and require employers to take appropriate steps to reduce the risk of injury.
  4. The Control of Substances Hazardous to Health Regulations 2002 (COSHH): These regulations aim to protect employees from exposure to hazardous substances, including chemicals, biological agents, and other harmful materials.

The Employer’s Duty of Care

Under these legal frameworks, employers of care workers have a duty of care to provide a safe working environment and take reasonable steps to protect their employees from foreseeable risks. This includes:

  • Conducting comprehensive risk assessments to identify potential hazards in the workplace.
  • Updating care plans to include specific risks posed by individual service users so that staff can be aware of possible dangers
  • Implementing appropriate safety protocols, such as safe lifting techniques, proper handling of hazardous substances, and measures to prevent slips, trips, and falls.
  • Providing adequate training to care workers on safety procedures, the use of personal protective equipment (PPE), and how to handle challenging situations or behaviours.
  • Ensuring sufficient staffing levels to prevent overexertion and burnout among care workers.
  • Maintaining a safe and well-organised work environment, free from clutter and hazards.
  • Providing appropriate equipment, such as hoists or lifting aids, to minimise the risk of musculoskeletal injuries.

If an employer fails to meet these legal obligations and you suffer an injury as a result, you may have grounds to pursue a compensation claim for negligence.

What Compensation Covers For Injured Care Workers

If a care worker’s claim is successful, the compensation settlement that they will receive will cover the severity of their injuries, how those injuries impact on their life and recovery of any lost income or costs incurred because of their injuries. The specific components of the compensation may include:

Medical Expenses

  • Expenses for ongoing rehabilitation, such as physiotherapy or occupational therapy.
  • Projected costs for future medical care or treatment related to the injury.

Lost Wages and Earnings

  • Compensation for wages lost due to time off work for recovery or medical appointments.
  • Potential loss of future earning capacity if the injury limits their ability to work.

Pain and Suffering

  • Compensation for the physical pain and discomfort endured as a result of the injury.
  • Acknowledgment of the psychological impact, such as anxiety, depression, or post-traumatic stress disorder (PTSD), stemming from the injury or the circumstances surrounding it.

Loss of Amenity

  • Compensation for the inability to engage in hobbies, social activities, or other aspects of life that were previously enjoyed due to the limitations imposed by the injury.

Care and Assistance

  • Costs associated with hiring professional caregivers or obtaining assistance with daily living activities if the injury has resulted in a significant loss of independence.

Home or Vehicle Modifications

  • Expenses for making necessary modifications to the care worker’s home or vehicle to accommodate any disabilities or limitations resulting from the injury, such as installing ramps, grab bars, or specialised equipment.

Legal Fees and Expenses

  • When a care worker pursues their claim on the basis of a no-win, no-fee agreement with a Solicitor, they are protected from the potential of legal costs if they do not win their claim. If they are successful, the majority of their legal costs will be met by the defendant insurers. However, up to 25% of the claimants compensation settlement may be deducted to cover the fact that defendant insurers do not have to pay 100% of a claimants legal fees and expenses associated with the case even if the claimant is successful.

It is important to work with an experienced Solicitor with proven expertise in care work claims. We are proud to be able to offer the services of such specialists who will handle your claim with expertise and will accurately assess the full extent of your injuries and the impact that they have had on you. Our Solicitors will ensure that all relevant aspects are considered when calculating the appropriate compensation amount for your claim.

Making a Claim on a No Win No Fee basis

The prospect of paying expensive legal fees would be a major barrier to most people seeking compensation after an accident or injury sustained whilst at work. This is where making a claim on a no win, no fee agreement basis provide a trusted accessible path to justice.

What is a No Win No Fee Agreement?

A no win, no fee agreement, or Conditional Fee Agreement (CFA), is a contract between you and your Solicitor. It stipulates that you will not be required to pay any legal fees if your injury claim is unsuccessful. This arrangement essentially transfers the financial risk of legal costs from you to your Solicitor.

Tips for a Successful Claim

Pursuing a compensation claim for a workplace injury as a care worker may seem a complex and challenging process. However, with our expertise and the brilliance of our specialist Solicitors, we can guide you through the claims process without any need for stress or anxiety. However, there are several tips that can increase the chances of a successful outcome:

  1. Prompt Reporting and Documentation: Reporting the details of your injury and the incident in which you were injured at work to your employer immediately or at the earliest opportunity is really important. Ensuring that your injury is officially recorded in the employers accident book or reporting system is vital. If you haven’t already reported the injury, or your employer won’t let you record it in the accident book, don’t worry, we can help you to do so. You should also seek medical attention promptly which will ensure that the details of any injury are officially noted. We can then obtain detailed medical records documenting the nature and extent of your injuries to support your claim at the appropriate time.
  2. Evidence Collection: Gather as much evidence as possible to support your claim of employer negligence. This may include photographs of the accident scene, witness statements, accident reports, risk assessment documents, and any other relevant documentation.
  3. Choose the Right Solicitor: Work with a Solicitor who specialises in care worker injury claims and has a track record of success. An experienced Solicitor will provide valuable guidance and ensure that you navigate the legal complexities of the claims process. They will also effectively present your case to give you the best possible chances of success with your claim.
  4. Be Patient and Cooperative: The claims process can be lengthy and negotiations may take time. Remaining patient and cooperating with your Solicitor, providing any additional information or documentation requested promptly will minimise any delays and greatly assist your Solicitor in the handling of your claim.
  5. Document Financial Losses: Keep detailed records of all financial losses incurred as a result of your injury. Include lost wages, medical expenses, and any other costs associated with your recovery or elsewhere in order that our Solicitor can seek to recoup the maximum possible special damages for you.
  6. Seek Support: The process of pursuing a compensation claim can be emotionally and mentally taxing. Seeking support from family, friends, or professional counselling services if needed to help manage the stress and emotional impact caused by your injuries and the incident in which you were hurt.

Care Worker Injury Claim Case Studies

The following real-life examples of successful care worker injury claims provide valuable insights if you are considering making a claim.

These case studies highlight the importance of promptly reporting incidents, gathering evidence, and working with experienced Solicitors who can effectively present the case and establish the employer’s negligence. By following proper procedures and seeking legal representation, you will increase your chances of receiving fair and appropriate compensation for any workplace injuries and financial losses caused to you.

How Direct2Compensation can help you

At Direct2Compensation we have an expert understanding of your rights after an injury at work. We work with specialist Solicitors who have a proven track record of success with claims for care workers. Our Solicitors will ensure that any agreed settlement will appropriately compensate you for the level of injury or loss that you have sustained.

If you’re wondering about your situation, call us on 01225 430285, or if you prefer, we can call you back. We’ll only need a few minutes of your time to let you know if you have a valid claim.

Frequently Asked Questions

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Comments & Questions

Read on for questions and advice about claiming, plus care worker injury claim examples...

I work as a home care worker. In June myself and a colleague went to a call where the lady has trouble standing and I did report this. The lady has a sofa that was very low down. When I was talking to the lady trying to help her, she suddenly pulled back, causing my back to be hurt.

I reported this to the office to be told there were no complaints before. Sadly, my back just kept getting worse and I went to the Doctors. The GP gave me medication but even then the pain got worse. I have now been to the hospital and had an MRI scan which has shown that my L4 and L5 have started to bulge. This injury is causing so much pain in my back hip and all the way down my leg. I can only describe this pain as worse than having a baby. I can’t sleep at night through pain and I have trouble in the morning getting out of bed to stand on the leg. Also going to the toilet or getting in the bath is really problematic and painful.

After complaints the lady’s sofa has now been raised. There is a hoist in her house, but the office have said that we’re not to use it as she doesn’t like it! There is also a profile bed, but this is in a corner not even made up?

Ian Morris

The injury you have sustained is clearly serious and the pain and discomfort that you mention is typical with such injuries. As such, investigating the potential pursuit of a claim for personal injury compensation is a reasonable and sensible move.

Given your description of the cause of your injury, it would seem that there are questions to be asked of the employers in terms of whether they could have prevented the injury. Employers have a duty of care to ensure that their staff can work safely and in a job like yours, that can include them having to visit service users homes to properly risk assess the situation. In this case, the fact that you were not allowed to use the hoist and the sofa being unduly low indicates that there may be an angle upon which to pursue a claim successfully.

Please call us on 01225430285 or provide further details on our website form so that we can look further in to this matter for you with a view to pursuing a No Win No Fee claim for personal injury compensation.

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I am a care worker who had to transport a resident to hospital via ambulance transport. As I tried to get in, I have torn a ligament in the back and front of my knee and may need surgery. Do I have grounds to make a claim?

Ian Morris

There is potential to make a claim and our Solicitors can review this for you.

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I work as a care worker in the community, I entered someone’s property that I have never been to before. I asked my client what she would like for breakfast and got on with it, I saw a cupboard with a fridge in and entered there wasn’t any lights around in the cupboard so I wasn’t aware of my surroundings I turned around to walk out and fell down the stairs at the side of me. I wasn’t told by my employer that there wasn’t a light in there or even stairs to see I have hurt my back and sprained my ankle will I be able to claim?

Ian Morris

Is it a case that there was a light that didn’t work or simply no light at all? Do you know if your employer had previously visited the residence and conducted a risk assessment? If so, they should have informed you of the issues present.

It could be the case that you can claim compensation for your injuries and any costs and I feel that we should obtain some further details from you so that our specialist Solicitors can advise you in more detail.

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Hi, I’m a carer working in supported living. Last week I was walking behind a lady in her flat that is prone to falls when she suddenly fell on top of me. My right arm and right side was injured. I filled in a incident report and reported it to my team leader and manager. I carried on with my job as the fall put me behind with my duties. I was back the following day and had pain in my side still but took my time doing my duties. The next two days I had off so I just rested, I still had the pain but it wasn’t that bad but by Saturday when I was due back on my way there the pain in my side started shooting across my back. I carried on to work anyway hoping it wouldn’t be too bad but by the end of my shift my legs and knees where aching, my ankles were swollen, I could barely walk. During the shift I was pushing hoists and other heavy equipment, even sliding people up the bed all while my whole body was aching and I couldn’t go home early because there wasn’t anyone to cover the shift so I had to force myself to get though the shift. I called in sick the next 3 days but now I won’t get sick pay. I also saw my gp who advised me to take time off. Would I be able to claim my wages as I was off due to the lady falling on me?

Ian Morris

To be able to recover your lost wages, you would have to demonstrate that the employer could and should have done something to prevent the accident happening. In this case, that would be if the employer had failed to carry out a proper risk assessment or if it was known that this individual fell regularly and more than one care staff member should be on duty with them at any one time.

We would be very happy to get you an opinion from our specialist Solicitors as we have done a considerable amount of successful work for care and support staff injured in the way you have been.

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I am a nurse in a community based hospital. I attended for my shift – day 5 in a row of 07:30-20:00. I suffered an acute bout of back pain causing incontinence, immobilisation, significant on-going pain and brief loss of sensation to one leg.
I had recently returned to work following an unknown infection. Upon my return I was told I would have to pick up extra shifts due to an increase in patient numbers. I have emails to back this up.
The last 18 months have been similar. Lots of extra shifts. The day previous to my injury I had to pay slide 3 patients.
I associate my injury with perhaps the patient slides, extra shifts and stress.
I am due to start a new job (promotion) but it is in the balance now due to my injury.
Do I have a claim?

Ian Morris

To be able to make a claim, you would have to be able to identify employer negligence as the cause of your injury at work. In your case, your work is clearly physical and very demanding. However, those issues alone would not enable you to establish a causal link between your injury and employer negligence. We therefore need to consider whether you have been given the appropriate training, appropriate equipment and sufficient assistance with moving of patients where relevant.

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I work in a care home and have been off work for a while now due to severe back pain/sciatica. I made my employer aware of this but was still expected to carry on pushing hoists and other equipment around on carpets etc which has made my condition worse. I was also expected to work alone. I technically still work there but have been signed off by my doctor for the time being as I can’t physically do my job in this amount of pain. Can I make a claim for compensation?

Ian Morris

If your symptoms developed within the past 3 years, you may well succeed with a claim for personal injury compensation against your employer.

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I was taking an adult with autism out I’m employed to look after him. As we got to some steps outside I was trying to make him come down the steps and he pulled back letting me go.
I lost my balance and fell forward down the steps grazing both my legs very badly and cuts to both.
I went to see my doctor and was prescribed strong pain medication aswell as antibiotics because one leg got infected.
Do I have a claim for injuries at work?
I look forward to your help.
Thank you

Ian Morris

You can only pursue a claim if you can attribute your accident and injury to employer negligence. In this case, we therefore need to consider whether you were appropriately trained to work with the individual in question and whether the employer had failed to ensure that you were aware of the risks posed to your safety when working with the individual in question.

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I was a support worker for some agencies in the last few years gave up in October 2019. I seem to be suffering from painful hands and loss of grip and some times delicate elbows. From repetitive use of arms from working. Would you consider my case?
Thank you

Ian Morris

We will gladly consider your case.

The prospects of you succeeding with a claim will be strengthened considerably if you ever reported any symptoms to your employer or made complaints about the work and risk of injury. Further, if you have attended your GP and the GP has linked your symptoms to the work you were doing, that will greatly help you too.

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I fell down the stairs at work whilst carrying a tray. I am a live in Carer. I’m still waiting for attention from NHS 3 weeks later. I know I’ve damaged my knee seriously, but am having to work through it in order to get enough funds to fly to SA to get to my orthopaedic surgeon as not getting help here! Too boot they deducted £40.00 off my salary to get some help in the next morning to flannel bath my client. I only earn £770.00 as a 24 hour live in Carer!!!
Not only am I in pain, it’s affected my hip and my back very badly as I’m not a youngster myself at the age of 61.
Very disappointed to think I’m good enough to look after someone’s ailing mother, but when I’m injured, I’m not good enough to be looked after!

Ian Morris

In terms of a claim for personal injury compensation, we need to look at what caused you to fall and whether negligence can be attributed to a 3rd party (whether that be the employer or another organisation).

You mention falling down the stairs. Was this because you misplaced your footing or hadn’t seen the steps or was it due to some other reason?

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Hi I have been off work now for 6 months with a bulging disc and sciatica down one leg which as made my life change over night,I had pain in my leg first and then woke up in excruciating pain in my back and not been same since,I work in a care home and I know its the reason for my injury but I didn’t record this as I haven’t been back to work since it happened although I’ve been in care for 15 years and know what I’m doing I never had any manual handling training through this job, not sure what to do?

Ian Morris

As you’ve not been given manual handling training by your employer, the employer has been negligent towards you as a care worker where physical lifting and moving is a vital part of the workload. As long as your first episode of symptoms (or when you ought to have known that your symptoms may be more than just a minor strain and work related) is within the last 3 years, you have a right to seek to pursue a claim against your employer.

Please call us on 01225430285 or use the ‘start your claim‘ page of our website to get further help from us. Once we’ve got a little more information, we’ll have our specialist Solicitors discuss your situation with you and pursue a claim for compensation and loss on a No Win No Fee basis.

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Hi am wondering what to do as I am a team leader in a care home for disabled young adults, I work nights and I have been seriously injured at work through behaviour incident that happened more then once! I have reported it in the accident book and I also emailed managers to ask for extra staff to be put on due to lack of staff, I am now awaiting surgery to my neck due to this incident! Work have been paying me a wage of sick pay since I went off in March and are now refusing to pay me my full wage and are referring me for ssp which I can not live on and shouldn’t have to as this injury is through no fault of my own!

Ian Morris

This is a matter that should be put in the hands of our specialist Solicitors for detailed consideration at the earliest opportunity as there are clear questions to be asked as to why the employer failed to act on your concerns and make an effort to do anything to reduce the risk of injury.

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I’ve worked in the care system for 30 years, working in residential homes which we didn’t have equipment like what we have now. Was trained lifting technics Australian lift. We used to lift people visit many who were very heavy. I’m now having trouble with my back and leg. I have been referred to a spinal consultant as my MRI scan showed inflammation around the he spine. Would I be able to put a claim in?

Ian Morris

There are two potential hurdles in the way of you being able to pursue a claim for compensation against your employers successfully. Firstly, we need to consider whether you will be deemed to be outside of the 3 year claim limitation period. You must pursue a claim within 3 years of the date at which you became aware, or should have been aware that your pain and discomfort was work related. Therefore, you need to consider when you first felt the symptoms and when you first attended your GP regarding the same.

Secondly, there is the issue of causation. Establishing causation is a requirement to succeed with a claim for personal injury compensation and in this case in simple terms, it means proving a causal link between the lifting and moving of residents at work and the back injury. In your case, establishing causation will depend on whether your Doctor lists the findings of the MRI scan as age related degeneration or repetitive trauma as a result of your work.

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I work for a stroke victim in her home and her sister pays us in cash. I hurt my back lifting my patient out of her recliner to put her on the potty chair. Do I have a viable claim?

Ian Morris

If the employer has not provided the appropriate manual handling & patient movement training, you would have a valid claim for compensation. If you haven’t already done so, you should record the injury in writing with the employer.

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I am a Support Manager in a house of 6 individuals with learning disabilities. We had a service user move into the house just over a year ago. It was not told to us at the time about this service users behaviours and the extent they can get to. I only became the Acting Support Manager 5 months ago. The physical and agressive behaviour started soon after I became manager. I was not given much support from senior management even though I had been reporting numerous incidents. After dealing with an incident just before Christmas I turned to walk away from the service user as he was now calm. As I turned I heard my 5th metatarsal break in my right foot. I was in a boot for 6 weeks. Towards the end of this time I went to deal with another incident to prevent property damage and a large music keyboard was thrown and landed on my right foot. This in turn broke my bone further and caused bruising. I was PROACT SCIP trained but have not had a refresher in about 2 years. We have never been trained on how to sufficiently deal with agressive and challenging behaviours. I have been scratched, bitten and pinched by the same service user. I have pictures of these injuries. Please can you advise.

Ian Morris

We have specialist Solicitors that can advise you in such matters and potentially pursue a claim for compensation and recovery of losses caused by the injuries you have sustained at work. There are clearly questions to be asked of the employer in terms of training, support and reducing the risk of injury in the workplace. As such, we would recommend that you make further contact with us. We can then have our specialist Solicitors consider your situation and offer initial advice to you with a view to pursuing a claim should you wish to do so and if it is viable to do so.

We offer a no-obligation and No Win No Fee service so you are able to explore your options without feeling pressured or concerned about costs.

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I was involved in an incident at work which resulted in me being bitten and a trip to the hospital to be bandaged and requiring a tetanus shot. At my work there should be 3 staff to 1 service user as the service user is deemed as being quite challenging. Due to understaffing It is quite common for there to be only 2 members of staff and this was the case during the incident. Do I have grounds for compensation?

Ian Morris

Our specialist Solicitors will consider your situation in detail as there would appear to be questions to ask of the employer in terms of their failures to have the required staffing levels in place. As such, this could be seen as a failure on the employer to ensure your safety at work and a claim may succeed.

Please call us on 01225430285 so that we can help you and have this matter considered for you.

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I started work as a care assistant in August 2020 visiting people in their home.

On two separate incidents within a few days of each other my clients fell and whilst helping them get up I aggravated an existing problem with my back. I did not receive any manual handling training until December, after these events took place. I am currently off work due to back problems and am not being paid.

Ian Morris

Did your employer ensure that you were properly trained in the moving and handling of service users and that you were made aware of the specific needs/risks posed in caring for the service users in question?

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I work as a support worker in the community and fell down a service users front steps, which were in a state of disrepair, i went to a&e, had an xray and had a small fracture in my ankle, can i claim compensation from my employer?

Ian Morris

Was your employer aware that the steps were in disrepair? If so you could potentially pursue a claim against your employer for negligence in that they failed to take action to keep you safe whilst at work.

The alternative option is to make a claim against the service user directly. However, as you can imagine, such action is less than certain and it may be the case that they are either uninsured or do not have sufficient wealth to face any claim.

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I was doing a night shift in the community. It was a 10 hour shift and my 4th shift in this particular clients home. Early hours in the morning I went upstairs to use the bathroom and went coming back down I fell down the stairs because all the lights were off and I couldn’t see where I was going. As I was in someone else’s house doing nights I didn’t want to turn any lights on to disturb anyone and the wife of the client had informed me on the second shift that the client likes all lights to be off because it disturbs him. I now had a closed navicular fracture in my left foot and am scheduled to be off for 6 weeks. No risk assessments were made of this clients home by my employer prior to the care package starting. I’ve been told by another company I don’t have a valid reason for a claim but I just wanted a second opinion.

Ian Morris

Unfortunately, I don’t foresee a successful claim in this scenario. Whilst I can understand that the cause of your accident could have been avoided if lights were on, there was nothing in terms of the employer from stopping you putting the lights on. The courts would likely see this incident as being your own fault.

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Hello,

I am unsure if I can claim but I am a carer and I have injured my neck, shoulder and back. I have worked many more hours than originally advised with no compensation, I worked alone a few times and I had asked for the right equipment or an easier way to go about things as I was fresh from training with no experience but I feel neglected. I have tried to only claim for the Chiropractor appointments I needed to have but no one is getting back to me and my funds are now exhausted, trying to live on the minimal Sick pay is stressing me out and really affecting my mental health. Please can someone help me.

Ian Morris

Our staff would like to speak with you on the phone to find out more about your injuries and how they came to be sustained so that we can advise you further and if appropriate, pursue a claim for personal injury compensation for you. If successful with a claim, our Solicitors will recover compensation for the pain and discomfort caused by the injuries, recover any lost income and the expenses for the chiropractic treatment you have had.

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My husband fell through a chair provided by his care home employers for break time use. It was very old and left outside, the fabric ripped as he sat down and sent him straight through to the floor. He was taken to urgent care who confirmed muscle damage, he also was passing blood in his urine so damaged his kidneys too. a few days later he started to get sick but we just thought it was the flu, it turned out that he had pneumonia (the pain from the accident was masking the pain caused by the pneumonia) and is currently in hospital with a chest tube in his chest cavity to drain the pus and fluid between his lung and ribcage. The respiratory specialist has said that pneumonia can be caused by trauma. Work have refused to pay company sick pay (he will be eligible for it in January however!), only SSP, we have had no contact from the HSE regarding an investigation into the incident (it’s been almost 3 weeks now) and we are positive the chair he fell through (which is in our possession now) has not ever been risk assessed or inspected. He is now looking at another 4 weeks minimum off work with only SSP to support our family as I am partially disabled.

Is there anything we can do?

Ian Morris

We can help your Husband to make a claim on a No Win No Fee basis for compensation against the employers insurance and seek to recover compensation for the pain and distress caused by the injuries sustained with a view to including the onset of pneumonia in to the head of claim if a causal link can be established (which would seem possible given the comments of the respiratory specialist) and also any loss of income or other incurred costs caused by the incident.

Your Husband has 3 years to make a claim (although it is always wise to avoid delay and act sooner rather than later with any claim). To start the claim, please either call us on 01225430285 or you can use our ‘start your claim for compensation’ here if you prefer.

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