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...

Hello, I support people with learning disabilities and some of whom show challenging behaviours. Today I was pulling out a chair for one of my service users and as I was pulling it out, she punched me in the wrist with all of her force. I filled out a behavioural form as I was told too by my senior, and then left work 6 hours before my shift was meant to end, to attend our local walk in centre. I am now in a splint with tendon damage (which is painful). I have been told that I will not be paid for the rest of today’s shift, and subsequently if I have any time off sick, I will get SSP.
Earlier on in the day, before this happened, I was kicked by the same service user, in front of my manager and her deputy and was told that this is ok as it part of her behaviours etc.

I understand that a part of my job is to support people with challenging behaviours, but I have never had any training in my care job that teaches me how to deal with violence due to their condition, we are told to just accept it as it part of there condition and is written in their support plans that they may display this type of behaviour at some point.

My question is, should I lose the pay for the rest of my shift today? We are not usually paid for being off sick (apart from SSP), but not sure where I stand as this was an accident that happened at work?

Ian Morris

Sadly, your employer is acting legally in withholding pay for any unworked hours or for any future missed work. Clearly, they are not acting in a moral way, but they are within their rights.

My initial view is that your employer has been negligent in their failure to provide you with adequate training to minimise the risks of injury posed by the people you work with. Your employer has an obligation to ensure that you are given guidance in handling aggressive or violent service users so that you can reduce the risk of injury.

This is certainly a claim we would be happy to help you pursue. Our specialist Solicitors have assisted numerous support workers injured when employers have failed to provide training or risk assessments and you could recover compensation for the injury to your wrist and any lost income caused by the injury if successful.

Reply

Hi
I was working at a care home through an agency, an elderly client who was very unstable on their feet continuously pulled on my arm to keep themselves from falling which ended up with me hurting my back. At that moment I thought I had just pulled a muscle and I did not think much about it. My manual handling training had expired nearly two months ago and as a part-time worker I felt a bit out of depth. I had notified some staff on call about my training but kept getting phone calls for shifts and placed in different places.I now have constant trouble with my lower back and my GP has referred me to physio. My back now hurts almost all the time and I now get cramps and tired easily.
Do I have grounds for a claim?

Ian Morris

As you had advised that your training was out of date, there are grounds to pursue a claim for compensation.

Reply

I was assisting a resident back to his room, he walks with a Zimmer frame with one carer. As he was turning to turn into his room, he fell and knocked me over and landed on top of me. I have been to a walk in centre who have said pulled ligaments in my back and I have had an X-ray On my knee. They think it is broken but need a second opinion so am awaiting confirmed results. I don’t know how long I will be off work for and will be losing money. I am also in a lot of pain. Am I entitled to anything?

Ian Morris

Clearly, the cause of your injury was an unfortunate accident and is not the fault of the resident who fell on to you. However, if the employer has not adequately risk assessed this resident or if you have not had the appropriate training or supervision in assisting them, you could have a right to seek compensation for the injuries and associated loss of income.

We would be happy to discuss your situation with you so that we can find out whether or not we can pursue a claim for compensation.

Reply

I’m a Certified Nursing Assistant. The other aide that was there to help me get everyone dressed and ready for the day etc was laid off, so I’ve been doing it alone – even the heavy lifting every morning.

All of us aides are saying the workload is a lot, I worked Thursday and Friday and I woke up Saturday morning and couldn’t turn my head to the right and had horrible pain on my right shoulder and side of my neck. It’s now Sunday night and it’s still painful. Could this be from my job?

Ian Morris

There is every likelihood that the muscle/soft tissue injury causing you the pain and limited range of movement in your neck and shoulder is related to your workload and the heavy lifting you are doing.

Our advice at this stage would be two things. Firstly, seek medical attention for the injury and have it noted on your medical records. You should also speak with your Doctor and state what work you do and how the pain has developed after much heavy lifting at work. Secondly, it is important that your injury is recorded with the employer in their incident reporting system. You should record the injury as work related and make note of the lack of help given the reduction in staff.

We would like to help you further with a possible claim for compensation as a result of the injury to your neck/shoulder. If you would like to take this further, please call us on 01225430285.

Reply

I work in a care home for a charity. One particular client has dementia and often hits and grabs staff. I have multiple cuts from his nails and bruises from him hitting. We are not MVP trained and haven’t received any training on how to deal with clients having dementia.

Ian Morris

The lack of training from your employer is certainly a potential area of negligence. Your job presents obvious risks of injury given the vulnerable and confused state of those people you provide care for. Therefore, it is foreseeable that you may sustain injury and as such, the employer is obliged to ensure that you are appropriately trained and guided in minimising those risks.

We would like to investigate your claim further.

Reply

Hiya I have fractured a toe and got soft tissue damage to my foot after attempting to hoist a resident where he pulled on bar dragging the bar over top of my foot causing the injury I now have to wear a boot for 6 weeks do I have a claim?

Ian Morris

There is a possibility that you could succeed with a claim for work-related soft tissue injury compensation. Please call us on 01225430285 so that we can find out a little more and then get some advice from our specialist Solicitors for you.

Reply

Hello,

I work as a carer and injured my back and shoulder whilst doing manual lifting and moving on my previous shift. I have been at this job for 10 months and the family initially trained me how to handle and manoeuvre. My injury occurred when I told them I was in pain but they requested that I continue my duties and a further injury was sustained. After my injury I was in severe pain and unable to complete the last day of my working shift – we then had training by a recognised body and they confirmed that it was clear how I had sustained an injury as the training I had been given was not adequate to safeguard me from injury. The trainers suggested ways that would make the handling safe for both me and the person I was taking care of. My employers said that they did things differently and that I should not change how I do the care even if I am shown differently by the trainers.

I was in pain for my 3 weeks off shift, visited the Doctor who sent me to physio, then I was given a sick note as my back was not healed enough to return to work. I have no work contract so I received only statutory sick pay. Now I have returned to work, it is clear that none of the practices suggested by the trainers have been put in place and my employer expects me to continue as normal. I am still in pain with my back and I don’t know what to do. If I leave I will lose money and will not be able to get a new job until my back is healed. Also I am concerned that I would not get a good reference for future jobs, even though I have done nothing wrong. This is my first care job. I appreciate your advice.

Your faithfully,

Ian Morris

Pursuing a claim for personal injury compensation is a legal right that is afforded to every worker injured in a non-fault incident at work within the UK. If you were to make a claim, your employer could not legally discriminate against you or provide a poor reference for doing so.

Given the apparent failings of the employer to provide adequate and correct training and then requesting that you ignore the training that you have subsequently been given, it would appear that you have valid grounds to pursue a claim against your employer for your back injury. If you would like to look further in to this and attempt to pursue your claim, please call us on 01225430285.

Reply

Hi I was in work today, I’m a care worker and I’ve hurt my back and I’ve now had to go to a&e because I’m in severe pain, this was with lifting a patient with another colleague, it’s hurting to walk and hurting to even sit, hurts more to sit.
Just wondering how I can go about a claim?

Ian Morris

Has your employer provided manual handling training and an environment that enables you to follow such training? It could be the case that a hoist or lifting aid should have been provided and there is a potential to make a claim for personal injury compensation.

Please call us on 01225430285 so that we can find out more and present your claim to our specialist Solicitors.

Reply

I started a new job in caring for the elderly in their own homes, an elderly client who was very unstable on their feet continuously pulled on my arm to keep themselves from falling which ended up with me at A&E and signed off work. I now have constant trouble with this arm and have been referred to physio. My boss harassed me so much I ended up handing in my notice whilst on the sick. I also had no moving and handling training. Can I make a claim?

Ian Morris

As you were not given moving and handling (manual handling) training, your employer could have been negligent. As such, so long as your injury was documented with the employer (recorded in an accident book or injury reporting system), you should pursue a claim for compensation. Please call us on 01225430285 to get further help.

Reply

I work in a care home with several residents all who have challenging behaviours and autism, I was attacked by one resident going through a behaviour and was alone while monitoring him. I was struck around the back and side of my head and felt fine initially, accident book was filled out and the next day I feel a non stop pulsing headache (nhs direct suspected a concussion, confirmed by paramedic who called me back) I went to the doctor on Monday who also confirmed this and signed me off for the next 2 weeks. The headache is still there after 2 weeks and my employer has given me ssp of £140 while deducting nearly £500 from my pay for something that was not my fault.

Ian Morris

Sadly, your employer is within their rights to not pay you – even though you are off work through no fault of your own. Legally, employers are not obliged to pay sick pay and may place an unwell or injured employee on to Statutory Sick Pay (SSP) if they cannot work. Whether or not you receive your usual salary whilst off work depends on the employer and the contract that they afford their staff.

In your case, the only way you could recover your lost income would be by succeeding with a claim for personal injury compensation as a result of the incident at work. You could only succeed if you can demonstrate that the employer was negligent and failed to prevent an incident that may have been avoided if they had taken the appropriate steps. In this case, did the employer properly risk assess the resident that injured you and the risks that they posed to you? Were the correct policies being followed when you were with the resident? Had you been properly trained? Were the correct staff members on duty etc?

Reply

I am a nurse working night shifts at a care home. I sustained a back injury due to assisting a resident who had a fall during my shift. There was a shortage of staff and I only had one agency carer with me who didn’t know any residents or routines. In my unit, we are contracted to have two nurses at night and must have three carers supporting us. However the Manager neglected the needs and left us exposed to the risk of working without the right amount of staff. I feel that I was put under so much pressure and when my resident had a fall in the middle of medication with no staff to assist and I was the only nurse on duty and one agency carer who had no clue what to do. This put a risk to my PIN number, my profession and also caused me to suffer the back injury. I informed my Manager about the injury being caused and that I was massively understaffed, yet she messaged me to continue working as I was! She proceeded to tell me to continue to do the manual work, even though I was in excruciating pain (to the extent that I had to go to A&E).

This injury has traumatised me and put at risk not only my profession and well-being, but also to my 30 residents who were all my responsibility. I am a single mother and this job is important to me. I am now afraid that I will have to limit myself at work as I can’t bend and I am in constant discomfort. My manager knew we were understaffed in a unit that has demanding residents and is always busy. However she neglected this issue and me as an employee. Am I able to make a claim?

Ian Morris

Whether or not having the correct amount of staff on duty would have made a difference and prevented you from being injured is a matter that would need to be considered. However, if you are right in saying that the unit is contracted to have at least two nurses supported by 3 carers, then there is a right to make a claim.

We would be happy to speak with you and obtain some further initial information and present your claim to our Solicitors for detailed consideration.

Reply

I work in a supported living house with a service user who has autism and challenging behaviour. I sustained a back injury from him jumping on my back. (This happened to another staff member before but no new risk assessment was done). My colleague that was on duty has received no training so could not assist. The premises are not suitable for the service user, there is only one exit and that is not accessible when he is showing behaviours. Our protocol is to lock ourselves away but because the premises are so small there is not time to do that.
I informed management, went to a&e and have had numerous gp appointments because I’m getting a lot of pain and am now on lots of painkillers, waiting for an appointment for physio also. Have been off for almost 6 weeks.
Management have been awful, haven’t had hardly any communication with them and they are not paying me full pay so now I’m in financial difficulty.
I have handed my notice in as I feel so let down by them and disgusted by the way they’ve shown no support to me.
Do you think I’ve got a case?

Ian Morris

There is certainly a claim to be investigated here. The relevant criteria to warrant further investigation are met in that the incident was recorded, you have sought medical attention and interestingly, as this had happened previously, the employer could well have failed to take appropriate action and provide risk assessments.

Reply

Hi I’m a care assistant and just over a week ago comin out of a clients house it was dark and raining alot of moss on footpath and hole in the path all of which contributed to me slipping and falling, I attended hospital have sprained my ankle and some bone has broken off my knee cap, I’m Waiting for mri scan to see exactly what’s going on. My boss admitted it happened at wk, can I make a claim? thank you.

Ian Morris

Do you have any photographs of the cause of your slip (the algae/moss)? It would be very helpful to have such evidence to provide support to any possible claim.

There is certainly a claim to be investigated, but it will need the evidence of negligence proving that the path is slippery and needs attention in order to help get this moving.

Reply

A lady who has behaviour that challenges broke my finger whilst I was supporting her, my employer has given me all training available, is:team teach, positive behaviour support, etc. I also follow her care plan that states she needs 1 to 1 support that I was also following, she has not got capacity and has profound learning disabilities, as I feel everything was in place am I entitled to compensation??

Ian Morris

If your employer has undertaken all that could reasonably be expected of them in terms of training, risk assessments, provision of a care plan and you were correctly qualified or trained to work in such a scenario, it is unlikely that you could pursue a claim as your employer has not been negligent.

Reply

I work in care and last night my neck has been injured by a client who wrapped his arms around it and pulled me closer to him to give me a hug as I was helping him to get undressed ready for a bath. I have informed my manager and was going to fill the accident form this afternoon but I was unable to go to work. I haven’t seen a doctor yet as they’re fully booked today but will try tomorrow. What else can I do please?

Ian Morris

It is important to ensure that a written report of your injury suffered at work is made with or by the employer. If you have not already done so, put the details of the injury and incident in writing and ensure that your employer has a copy. You should also seek medical advice to ensure that the nature of the injury is assessed and appropriately noted on your medical records.

Once this is done, you should allow a period of 7-10 days to pass whilst you see how serious or otherwise your injury is.

Reply

Hi I was working in a care home on a unit of 17 people with either mobility issues or dementia on my own at night. It was so busy with bells going off all night and I could not cope with all the work on my own. I had to walk at a hurried pace during the night to get to all bell calls as i was worried a resident may have had a fall or ill. I do not know how but i ended up with what i thought was a sprained ankle. i went home, went back to work, was in agony, turns out i had a stress fracture and 3 tendons damaged. I have been off work 11 weeks and still in agony, i will not be able to go back to this job due to the damage of my foot. I will be off work for another 8 weeks until i go back to hospital, do you think i may be able to make a claim against the care home for my injury as i was working on my own and clearly needed another carer with me?

Ian Morris

The likely problem you will face with such a claim is one of proving a causal link (causation) between the fact that you were busy at work and the injury sustained and that the injury would have been avoided if another staff member had been on duty.

That said, it would be prudent to present the scenario you have described to our specialist Solicitors in order that they could consider whether or not there is any merit in pursuing your employers for compensation. If you would like to seek their advice on this matter, please get in touch and we’ll obtain advice for you.

Reply

I’m a home carer and had a fall in the clients premises. I was hanging washing out but had to climb through a disable ramp as there is no other access to the washing line and fell while doing this and broke my foot. I’ve raised concerns with my employer and so has other staff as we’re doing things in there that has not been checked, and the response we get is that we have to keep the customers happy. I documented my accident in the care notes but haven’t not filled no accident report out at the office and haven’t been ask to I attend a&e and was put in cast for 3 weeks with non-weight bearing and now I’m in a boot and using crutches for a further 4 weeks until my next trip to fracture clinic to see what the next step is. I’m in a lot of pain and are unable to drive or work so I’m on sick. I was wondering have I got a case to claim compensation against my employer for loss of earning and my injury?

Ian Morris

For us to be able to offer a realistic insight in to whether or not you can make a claim for compensation, we would like to see some photographs of the area where you fell and look at whether or not the nature of the exit to the outside area is inherently dangerous. If so, it may be possible to pursue a claim against your employer.

Reply

Can I sue my private home care employer for getting hurt with a broke foot?

Ian Morris

Please explain the nature of your work, how you were injured and where. We can then advise you as to whether or not the situation is something that would warrant further detailed discussion with our specialist Solicitors.

Reply

Hi, I had a fall in a clients house there is a drop step that leads from hallway into kitchen. I’ve only been in this house once before, am a carer in the community. I let myself into this house and walked from hallway heading into the kitchen, before I knew it I was on the floor. I fell off the drop step which isn’t visible. I have a chipped bone in my left foot, pulled my rotator cuff on my left shoulder, badly bruised my right leg. I have photos of my injuries. I also went to a and e who confirmed my injuries plus my drs. I did fill in an accident form. I don’t have photos of the drop step as my main priority was to go to a and e as i was in agony and am still suffering now. The accident happened friday 2nd august. I left the company I worked for on 7th August as I was meant to start my job 8th August 2019, am currently on crutches and awaiting appointment to go back to the hospital, can you help me please?

Ruth

I’m a care assistant in the community, when leaving a client’s house I fell down the uneven steps outside and broke my foot, this was in October last year, I’m still not able to drive and so my job as it’s still broken and waiting now for a MRI scan after already having a CT scan. My employers are now bullying me to get back to work and drive even though my dr has stated not to. I’ve now been diagnosed with depression. I have not got a photo of the step as after I passed out I was more interested on getting to A and E. I am still in considerable pain and still injured 5 months after. Would I have a case at all??

Ian Morris

In the scenario you describe, it is most likely that any claim would be against the clients house, rather than the employer. The employer would not be liable unless a colleague had previously reported that the steps were dangerous or if the employer failed to risk assess the clients house.

You do have up to 3 years to pursue a claim for personal injury compensation, but given the nature of your accident it is likely to be the case that photographs of the steps will be needed. If you can return to the site and obtain some photographs of the steps and email them to us along with your contact number and a brief description of what happened (why you fell, whether it was dark etc), we can then give you our opinion.

Ian Morris

The employer you were working for should have risk assessed this ‘hidden’ drop in floor heights and warned all staff. As long as your accident was reported to the employer, you could look in to making a claim against them with our help.

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Hello I was working in a care home i injured my knee on a metal bar that is used for weight lifting in the middle of the night. I told my employer who simply ignored me days later i’m still in pain and my leg is swollen. Is this employer liable?

Ian Morris

Depending on where this metal bar is situated and whether or not it is an obstruction in a walk-way or other unsuitable area, will depend on whether or not you can make a claim against your employer.

For us to consider your claim further, we’ll need some more information and to discuss the accident you have had at work with you. If you have not already done so, it would be sensible to make a report of your accident at work in the accident book.

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