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 in an Early Learning Provision for young children with Autism. Last June a child climbed in my back, with their arms around my neck. A colleague helped me remove the child, as we were doing so the child’s finger nail scratched my eye. This resulted in a trip to Moorfields Hospital A&E department.
A procedure was carried out in A&E on my injured eye. Since then I am still under the care of Moorfields eye hospital, wearing a bandage, contact lens for many months & now there’s a high possibility that I will require laser eye surgery.

I applied to the government compensation board when you are hurt at work. They disabled me at 7%, however you need to be disabled 14% to be entitled to a claim. I’m not sure as to what to do next. My costs of monthly hospital visits/prescriptions is mounting.

If you could advise I’d be really grateful as this is 10 months of affecting my general well-being along with anxiety of when this nightmare will end.

Ian Morris

Injuries to the eye area are a serious matter and commonly cause much distress, anxiety and upset. Given how it is impacting on your well-being and day-to-day living, it is understandable that you are keen to investigate whether or not you can make a claim for accident at work compensation.

We think it would be a good idea for you to speak with us so that we can take some further details from you and present this to our specialist eye injury at work Solicitors. They would then be able to ascertain whether or not you can pursue a claim against your employer.

Why not send us your details and a description of your situation. We can then call you and help you further investigate your rights to a possible claim. Here’s an idea of compensation amounts for eye injuries.

Reply

I work in disabilities. I have hurt my back & shoulders and also now have sciatic sprains to the L4/L5 vertebrae in my lower back. I have been under alot stress due to lies that have been told from office persons and pressured. Do I have a case to claim?

Ian Morris

Whether or not you have a valid claim for compensation for the injuries to your back will depend on what exactly caused them. If you were injured because of a lack of training, a failure by your employer to provide you with the relevant support and equipment to work safely or because of an accident you would be able to make a claim against your employer on the grounds of employer negligence.

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I was working in a care home. Someone wedged a firedoor open with a fork…I tripped on fork and smashed head on door and it had a metal door code and lock on it. My head hit it with full force. I have post concussion syndrome will I be able to claim my loss of earnings from the company…..I lost my balance ..speach was slured for nearly 3 weeks I have severe headaches i have had scans and am now waiting on mri scan. Do I have a case?

Ian Morris

Yes, you have a valid claim for accident at work compensation and should be able to claim for lost earnings. We’d need to take a few initial details from you during our first call and then arrange for a specialist Solicitor to contact you to confirm things and explain the claims process before entering in to a No Win No Fee claim for compensation. If successful, you could claim compensation for the injuries you have sustained – physical and psychological, both of which are common after a head injury at work – as well as recovering any lost income and expenses.

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I sustained an injury at work whilst stabilising a patient (fall prevention) – I’m a health care support worker in a very busy and demanding ward that deals with stroke and dementia patients as well as others. The ward is one step down from ICU. The ward on this particular day was understaffed with just myself and one other hscw on the ward (who hadn’t completed their ‘skill to care’ framework, which is essential for hcsw in Wales as the health board are now taking a different approach to employment for hcsw’s here.

My injury happened at the latter end of the shift when there was mayhem going on all around, such as visitors being in the ward, patient turns being needed along with many other tasks. A patient decided that they were going to go for a walk and at this point I was the only hcsw on the ward and as the nurse’s were doing medication rounds and dealing with medication and patient’s families, they couldn’t help. This particular patient needed 2-1 support for walking with a zimmer frame. We were by the nursing station when the patient started to lose balance and would have fallen. I stabilised the patient and they then leaned into me almost sending us both to the floor, but I used my hand against the nursing station to prevent us from falling to the floor, but I felt a twinge in my lower. Although it hurt, I shrugged it off as I normally do and carried on finishing my work. By the end of the shift, I was in a great deal of pain and painkillers were not helping. I struggled to drive the 26 miles home that forms my daily commute.

Once home, I struggled to walk around and couldn’t get out of the bath without help. Since the injury I haven’t been able to walk without walking aids and I’m in a constant great deal of pain all the time I am on a great deal of medication to help but I haven’t been able to sleep properly it is affecting my mood as I’m snappy all the time. I have been referred for an urgent MRI of my lower spine as my GP thinks there is significant damage to my L5 as I have weakness to my right leg as well as numbness and my hip constantly feels like its going to pop out of place. What are my options? (Ps, I am not the only health care worker to sustain a back injury on this ward. Indeed, in recent months, I am now the 5th hcsw to get an injury on this ward.)

Ian Morris

It sounds as if there needs to be some changes made to your workplace given the number of HCSW’s to be injured in recent months. We think the details you have described here with regards to your back injury at work should be put to our specialist Solicitors for further expert consideration. We can’t of course, guarantee that we can pursue any claim to a successful conclusion, but we can and do guarantee that our No Win No Fee service enables you to pursue this matter with us, safe in the knowledge that if your claim does not succeed, that you do not have to pay any costs to any party whatsoever. In your case, the employer will have questions to answer about staffing numbers, what training you have had and whether the correct risk assessments were in place at the time of your injury.

Given the nature and severity of your injury, it would seem wise to further investigate the prospects of us making a claim for compensation for you.

Reply

Hi Ian,

I am a live-in carer and two years ago I herniated a disc in my lower back whilst reaching down for a plug on floor level. I took a month off work and received statutory sick pay for it. A few weeks ago I was helping my patient and once again hurt my back in the same place. I have been booked off again on sick leave.

The job is physically strenuous with a lot of bending and reaching, however the company I work for does put all the carers they employ through manual handling training.

I am worried about returning to work as my back is continuing to be problematic and painful so as a result I am not sure if I am capable of continuing with this job. Please could you advise if I should try to make a claim here.

Ian Morris

We would be happy to link you to one of our specialist Solicitors so that they could discuss your situation with you. It does appear on first view that your employer has fulfilled their statutory duties by providing manual handling training, but it could be that the nature of the work you are required to do and the working space provided makes it impossible or difficult for you to work in accordance with the training you were given. In such cases, a successful claim may follow. This is however, unusual and it may not be the case here.

That said, given the nature of your injuries and possible long term problems associated with them such as an inability to work for a period, we think it is worthwhile speaking with one of our Solicitors.

Reply

I ended up with Torticollis back in 2015 following an accident working in a care home. The home didn’t provide any training but also nothing was recorded in the accident book. Following this I was off of work for over 2 months but in total was 4 months until I was back at work with a new employer. Would the length of time and lack of accident reporting mean I would be unsuccessful?

Ian Morris

Whilst the lack of an accident book record with your former employer is not ideal, it should stop you from at least trying to pursue this matter further as it certainly sounds like your previous employer was negligent towards your health and safety by failing to provide you with the correct training. However, you are up against it with regards to the time that has elapsed between the accident and trying to claim as you have a maximum period of 3-years from the date of an injury in which you can make a claim. Therefore, you may well be running out of time to pursue this claim.

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I am working a dementia unit in a rest-home and tripped over residents foot. It caused me to fall down and I suffered a dislocated right shoulder. This was in May. Unfortunately, I remain in considerable pain and now have a ‘frozen shoulder’.

According to my Doctor and the Specialist I have seen, the injury will take time to come right, at least one to two years I am told. My employer is forcing me back to duties and warned me that if I can’t return to normal duties they are going to pay my full redundancy and cease my employment.

What can I do?

Ian Morris

Unfortunately, if you are injured and unable to work or fulfill the requirements of the role that you are employed to do, an employer is within their rights to terminate the contract of the employee. However, they must follow the correct statutory requirements and follow the correct procedures with the injured worker before they reach the termination of a position. This will apply even if the injury is sustained in an accident at the workplace. You should certainly check your contract of employment and employee handbook to ensure that your employer is treating your situation correctly and following employment law.

With regards to your accident, we cannot see how you would be able to hold your employer liable for the fall as you tripped over a residents foot – unless there was some sort of lack of training on the employers part that caused you to have this accident or some equipment/tools that should have been available were not.

Reply

Hi, I am currently a metal health worker, I started my new job on Monday 20/11/2017, they gave me some folders to read throughout the day. On Tuesday 21/11/2017 I told the team leader I still had a lot of folders left to read. At 8:30am I was shouted at to rush through to another room due to a resident displaying behaviours (technically I should still have been on induction). The staff and team leader asked me to restrain the residents leg and I explained that I had not had the relevant training to do this and that I had only been trained to remove a resident from holding me. Both the Team Leaders and staff told me it didn’t matter and that I should just hold her leg.

I attempted to hold her leg, but it resulted me being kicked very very hard in the shoulder and mouth. I told the team leader after the incident what had happened expecting some support and sympathy. I was shocked when all she said was “well, I’ve been bitten. It’s what we deal with”. The resident continued to display troubled behaviour throughout my shift and I was continually asked to hold her legs. On Wednesday 22/11/17 I went into work and was put straight with the same resident again. The resident displayed some behaviours and again I had to restrain her legs as I was left to work 2 to 1 with her, but with no support! I’m not going to my shift tomorrow as I’m in agony with my shoulder and need to see a Doctor. Do I have the right to make a claim for compensation in these circumstances?

Ian Morris

Your new employer has placed you at risk and caused you to be injured as a direct result of a lack of adequate training and supervision in the workplace. As such, our initial view would be that you meet the criteria needed to pursue a claim for accident at work compensation on the grounds of employer negligence.

Whilst you may well have concerns about pursuing a claim for compensation against your new employer at such an early stage of your work with them, if your injuries are deemed to be sufficiently serious to warrant a claim for compensation, you would have every right to make a claim in this circumstance.

You should make sure that your employer has recorded the details of your injury and how they were caused and you should, if possible, make sure that your lack of training in restraining dangerous residents is noted in any such accident book entry or report of the incident.

Reply

Hi,
I had a accident at work 9wks ago, where I broke my collarbone. I was cleaning and tidying a cupboard, while I was stacking boxes on top of each other, an air mattress fell on my leg which caused me to go off balance, and as I did so, I threw the box on top of the other with a force that caused my bone to break. I reported it to the nurse on shift, who advised me to get it checked out asap, I was doing a night shift at the time. I carried on my shift taking pain relief until 7am. I somehow managed to drive home in excruciating pain and as I got home my daughter phoned 999. I broke the same collar bone 6 years ago and 4 wks prior to breaking it again I had a plate taken out, as it was irritating me. The collar bone and arm was great, had full strength and full movement. I am still under the hospital and have just been signed off for a further 6 wks, as the bone has not healed. They will review it again after this period. When I took my sick note in one of the managers said that he thinks I should look for another job. I asked why, he said well you won’t be able to turn people, I work in a nursing home. His comment has caused me no end of stress. Can I ask my employer to transfer this year’s holidays over to next year, and do you think I can claim compensation.

Ian Morris

We can certainly look at pursuing a claim for accident at work compensation here for your injured collarbone. There is an employer negligence argument to be made about the fact that an air mattress had been left rested up against a wall and not secured properly and given the extent of your injury, making a claim against the employer is justified.

On the issue of transferring annual leave, that is something you will need to discuss with your employer. However, if you have already booked some leave and are deemed unfit to work during that period (you have a Doctors note for example), you can request that your employer switches that period of absence from annual leave to sickness leave instead. This would protect your annual leave for a future period when you would be able to properly enjoy time away from work. However, it may be that your employer does not pay your salary in full whilst you are signed off sick and instead place you on to Statutory Sick Pay (SSP). If this were the case for you, you would have to decide whether you would rather lose some annual leave and retain your income, or retain your annual leave and lose some income. Employers are allowed to move staff on to SSP as there is no obligation to continue to pay a full salary. You should remember though, that if you do lose income as a result of an accident at work, that you can seek to reclaim any lost income if you succeed with a claim.

Reply

I started work as a private carer 6 months ago. Now I developed a lump on my left wrist and this is causing me severe pain from my wrist down in to my thumb and fingers. As of yet, the pain will not go even though I have been to see my Doctor. They have prescribed me strong Ibuprofen gels to use and paracetamol to ease the pain, but it doesn’t seem to be helping.

At work, I have to push a 13 stone gentleman everyday in his manual wheelchair as well as help him move in to and out of the chair. I am now in constant agony, especially when at work as I need use of my left hand to care for him.

I don’t know what I can do as I can’t rest the injury as I have to work in order to pay my bills and the cost of living. I have never had any such trouble in my life before with my wrist and these symptoms have only developed since I started this job. I am so worried now thinking what to do as the pain it unbearable. For example, I can’t even hold my phone for long as doing so causes me to get a burning pain in my wrist. I worry that my ability to use my hand is reducing.

I love my job so much and I am so worried that I could lose the job if I make a claim. I do however know that this injury and the pain is 100% caused by this work.

Ian Morris

It certainly sounds as if your injury is that of a repetitive strain related nature. You have cited a possible cause as being the fact that you have to manually push the gentlemen that you provide care for in a manual wheelchair and this is certainly a possible reason for such symptoms.

You may be able to make a claim for compensation against your employer, but to succeed you will need to demonstrate that they have been negligent towards your health and safety by failing to provide adequate training, support and equipment to perform your duties safely. The lack of a powered chair could be one area where you could demonstrate such negligence. Have you ever asked your employer for assistance or for additional equipment that would reduce the strain on you physically and allow you to work safely?

I suggest that you should contact us so that we can have a chat about your working environment, your training and the employer. We would then be able to offer more specific advice as to whether or not you have a valid claim.

Reply

I work as an activity based care worker. We regularly take out children on various activities. One of my colleagues had to take 4 weeks off work after she was injured during one of these activities. The injury was purely an accident and no one was really to blame. The company paid her nothing but ssp which is a lot less than our normal wage. As the accident was done at work doing an activity she had been told to do, is she liable for compensation?

Ian Morris

Unfortunately, simply being injured in an accident at work or as a result of an incident whilst at work does not give the injured worker any right to claim compensation from their employer.

As with all claims for personal injury compensation, to succeed with a claim, the claimant must demonstrate that their employer has been negligent and failed their obligations towards their employees health and safety whilst at work. You mention that the incident in which your colleague was injured was purely an accident. If this was the case, then sadly it is unlikely that she will be able to make any claim for accident at work compensation.

It would be wise for your colleague to contact us directly in order that we can chat through the incident in which she was injured with her. We may find that on speaking with her and finding out more about what she was doing and how she was injured that there could be an area of negligence that we could identify that may enable her to pursue a claim for compensation.

Reply

I hurt my back at work whilst attending to a residents personal care. I did what I could on the bed, the bed was at a comfortable level for me. The resident managed to move a little and began lowering his legs off the bed. I knelt on the floor to help him put his trousers on when I felt a sudden pain and my back hurt. The nurse and a colleague helped me into a wheelchair as I couldn’t move properly and then the nurse put an ice pack on me but the pain was awful and unbearable.

The next day I was still in awful pain and attended the urgent care clinic. I was prescribed medication and advised that muscles in my back had gone into spasm. I was off work for 3 weeks because of the injury. I am now having to attend physiotherapy and continue to take medication because of this injury.

I have never had a return to work interview and now have to wear a support belt to help support my back whilst at work in a bid to make sure that this doesn’t happen again.

Do I have a claim?

Ian Morris

It is certainly worth us investigating this further for you and we recommend that you contact us via email (justice@direct2compensation.co.uk) or call us on 01225430285 to discuss your situation further.

In a brief chat with you we would be able to identify any areas of employer negligence that could allow you to pursue a claim for back injury at work compensation.

Reply

Hello
I am a live in carer to a severely overweight disabled elderly man and his wife. I have been at this job for almost 2 years. I have mainly been the sole employee and have been required to lift these people off of the floor, out of bed, into chairs etc without the correct equipment. I have never had any manual handling training and have recently felt immense pain in my back and legs. I have been denied help when I have asked for it, in terms of another carer and have simply had to get on with it. The fact that my home is tied accommodation makes things more difficult. I do not feel as though I can go on with this job and feel the damage and pain to my back is a direct result of the poor practise I have been expected to do. Do I have a claim?
Thank you

Ian Morris

In your circumstances, on the basis of your description of the situation, I would say that your employer has been negligent towards your health and safety whilst at work. It would seem that you have placed your employer on notice of issues such as a lack of training, support or equipment.

We often find that people working in the care sector suffer injuries to their backs as a result of the heavy manual work that they are required to do to fulfil their duties. I would argue that in your role, you should have lifting hoists in place and that the employers failure to provide the same could leave them liable for your injuries. With regards to the additional staffing request that was ignored or refused, whether or not the employer has made an error here would come down to the risk assessments that have been carried out ahead of your being appointed to the role.

I do appreciate your concerns about how any claim may effect your tied accommodation. In theory you have a legal right to make a claim for compensation without it having any impact on your job.

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Hi, I fell down the stairs at work due to a loose carpet gripper & jolted my back, been off work 3 days since then, manager has got maintenance to check & sort out all stair ways. I work in a care home where my residents are up & down the same stairs I slipped on.

Ian Morris

On the basis of your comment, I would say that you have a VERY STRONG claim for compensation. Stairs are a known hazard and as such, it is imperative that building owners, employers and occupiers of premises with stairs ensure that there are no hazards located on them.

A loose carpet on stairs is a definite danger and I would have every confidence that we would be able to successfully place your claim with one of our specialist solicitor partners.

Please call us on 01225430285 as we’d like to speak with you and help you get your claim up and running.

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I worked in the care sector 1984- 2003. Im now 48 and suffer with chronic lower back pain. Have i a claim?

Ian Morris

Bethan

My initial thoughts here are that you are likely to be outside of the claim limitation period. In the UK, the law allows someone injured a maximum period of 3-years from the date of their accident/injury in which they can make a claim for compensation. This applies to all adults over the age of 18 at the time of the accident. If you are under the age of 18 years at the date of an accident – the limitation period does not expire until the injured persons 21st birthday.

The only other thing to say is that in the case of an industrial illness/injury claim (or in the case of clinical negligence) the 3-year claim limitation period commences at the date when the injured person becomes aware that their injury/illness was work related. This applies to conditions that are not always immediate in their presenting symptoms. This could apply to you, but I have to be honest and say that it would be difficult to apply that in your case.

You can read more about personal injury compensation claim limitation periods here: https://direct2compensation.co.uk/faq/how-long-do-i-have-to-make-a-compensation-claim

If you would like to discuss this with me, please call 01225430285.

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Hi I was injured at work supporting a client threw a seizure as trained I was told to attend to a client promptly, closely monitor their breathing and observe and document all signs of seizure whilst loosening clothing putting protective head gear on if required, and giving the client plenty of reassurance. Placing a pillow under their head to support them from injury etc, client had a seizure I responded promptly and worked as trained I placed the clients cover back on as it had fallen off during seizure whilst reassuring my client that they would be ok.

The client came round and flung their arms around my neck causing me injury to my neck and shoulder. I filled accident book in and daily care plan had to have around 10 days off work on diazepam to relax my muscles. I have since had acupuncture physio and had time off work every so often when the injuries flare up, so put a claim against them. They have denied liability saying I should of sat on a chair that the client doesn’t have and spoke words of comfort. None of this was in my training they also said I should of had phonecon me to ring for second staff to assist who was sleeping upstairs, although I haven’t been supplied with a phone we only have portable house phone that is rarely charged. Also care plan states to reassure client 1-1 as to not overstimulate them and call for assistant if uncontrollable. They also say I had mva training I never did a full course only update as I made my manager aware also we are taught in epilepsy not to hold a seizuring client, and only breakaway techniques we were shown were if someone pulls your hair to hold it and shout for your team, also to redirect punches and clothing grabs. Not sure me shouting would of woke my colleague who is upstairs other side of building, sorry long message.

Ian Morris

On the basis of your comment, we would like to speak with you. It sounds as if your employer has only provided part of the required training and also failed to give you the tools you need to work safely (in this case a phone).

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I am a care worker I had to lift my client from chair into his bed between 6 to 8 times a day The client is 6 foot five and 14 stone and I am really struggling with my back, can I claim compensation?

Ian Morris

Christopher

Thank you for contacting us. I am sorry to hear that you are in pain and struggling at work.

The situation you refer to is one that we often hear about. With the number of people requiring ‘in home’ care support rising, the number of care workers that sustain injuries as a result of their work is also on the rise. Care workers commonly suffer from muscular strains and soft tissue injuries as a result of heavy lifting. Care companies that employ care workers are responsible for the health and safety of their workers and as result, must provide adequate training to all staff, risk assess all tasks that they expect carers to perform and provide all relevant equipment and tools that will enable a worker to minimise the risk of injury.

In terms of making a claim for compensation as a result of the injury/pain you have sustained whilst providing care worker duties, this is certainly something Direct2Compensation would be willing to help you with. Whether or not you will succeed will come down to the nature of the work you are doing, what risk assessments (if any) your employer has undertaken and whether you have been provided with the necessary training, support and equipment to carry out your work without risk of injury.

If you have not already done so, you should report your injuries/pain symptoms to your employer and you should ask that they record this officially. You should also see your GP to ensure that the details of your injuries are recorded on your medical records.

I hope that this information has been helpful to you and I look forward to hearing from you.

Yours sincerely

Ian Morris

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Hello,
I am a carer and work with elderly people, 5 weeks ago an elderly gentleman started to fall so I reached out and took his weight to stop him falling to the floor as he is very frail and would have seriously hurt himself. In consequence I damaged the muscles in my lower back and have been bed bound since doing so. Initially I was rushed to hospital and assessed and have been going to regular check ups with my GP. I am also about to start physiotherapy to try and ease the strain on my back. I’m 21 years old and this has devastated me, physically and psychologically. Is there anything I can do? Or any claim I can make?

Ian Morris

Hello

Thank you for your contribution to the comments on this article. I’m really sorry to hear about your accident and the injury to your lower back whilst at work.

Without doubt, you did the right thing in trying to help the elderly gentleman and prevent him from suffering a bad injury. After all, you are employed to care for and look after vulnerable people.

It is really unfortunate that you have suffered such a debilitating injury and I can sympathise with the feelings of distress and upset that you describe.

We would be more than happy to investigate your situation with a view to making a claim for accident at work compensation. Any claim would be made against your employers liability insurance cover, so it wouldn’t directly affect your employer or your relationship with them.

The most important thing you can do at this stage is to make sure that your accident and the injuries that you have suffered whilst at work have been recorded within your employers accident reporting system. This could be within an accident book or other similar record. Obviously, your medical records will reflect the extent of your injury and ongoing treatment. I would also add that you should make sure that your GP is aware that you are feeling depressed and low as well as physically being injured and in pain.

The prospects of succeeding with your claim will come down to the actions of your employer in minimising the risks you face in your role and doing all they can to prevent you from suffering injuries such as the one you have sustained. It will come down to the amount of training you have received, what support and equipment you are provided with and what risk assessments the employer has carried out in relation to the care needs of the elderly gentleman that fell and caused your injuries. Whilst we can never guarantee that we will win your claim, we can guarantee that it will cost you nothing if the claim fails.

An injury such as the one you describe may have long lasting consequences and one of the best things about claiming compensation after an injury is that it may open up access to specialist rehabilitation therapy that the NHS cannot provide or that you cannot afford. This may help you recover more quickly and get you back to normal life sooner.

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