NHS Work Injury Claims – How To Claim Compensation From The NHS

By Ian Morris | Updated September 6th, 2023

239 questions have been answered on this subject, why not ask your own?

If you have been injured working for the NHS you may be able to pursue compensation via a No Win No Fee work accident claim. There is no difference between working in the NHS to that of any other employer. In the UK, all face the same duty of care regarding employer negligence and their responsibilities towards the health and safety of all staff. A lack of training, inadequate health and safety risk assessment, or any other area of negligence can lead to claims against the NHS.

NHS Injury Allowance

Separate to compensation claims, the NHS Injury Allowance provides support to staff who sustain an injury, disease or other health condition which is attributable to their employment. However, many NHS staff are not eligible for the scheme – including GP and dental practice staff, and agency staff. Plus, not all injuries are covered and the allowance only tops up sick pay, or earnings when on a phased return up to 85% of pay.

As such, the NHS Injury Allowance may not provide enough assistance to you, and claiming compensation becomes the only option in many cases.

Who can make an NHS injury compensation claim?

The right to make a work injury claim exists for all employees, including those who are temporary staff or working through an agency.

When we consider those working within the NHS, we immediately think of nursing staff, doctors and other medical professionals. However, there are many different roles in such a huge organisation, with people employed in offices, facilities departments, maintenance, engineering and more. As such, there are a variety of accidents at work that can be claimed for.

N|H|S staff can easily be exposed to the risk of injury through a lack of adequate training, faulty machines or inadequate protective equipment. The NHS can also be a very stressful environment, leading to claims for psychological as well as physical injuries.

Common NHS work acccidents

There is no single typical accident type that affects workers within the NHS, but common ones include:

Slips, trips or falls at work because of wet floors and items left in the way within busy wards and corridors
Manual handling injuries to the back from lifting and moving patients or equipment without adequate training
Injuries caused by faulty equipment that has not been repaired or removed from service
Needlestick injuries

What to do if you get injured working for the NHS

As with any injury at work, it is vital that you make a report of the cause and type of injury with the employer at the earliest opportunity.

Most workplaces will have an accident book or accident reporting system. You should use that to make a report, listing the injuries sustained and any possible areas you can identify that would show employer negligence.

At Direct2Compensation we have successfully assisted a number of NHS employees and other care workers and support workers with claims for compensations after accidents at work.

You can call our friendly and helpful staff on 01225 430285 or get your claim started online today. We take pride in making sure that you feel understood and look forward to helping you make your claim.

239 questions have been answered on this subject, why not ask your own?

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Questions

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

I work for nhs and had an injury at work due to faulty equipment, can I put a claim and how do I go about it?

We can help you to make a claim for personal injury compensation. The fact that you sustained injury due to faulty or inadequate equipment is likely to indicate employer negligence and you may therefore succeed with your claim.

If you would like to make a claim, please call us on 01225430285.

I am a Staff Nurse and was doing my allotted duty and escorting a patient to his home address. On leaving the premises I tripped on an uneven driveway and sustained a fracture to my left wrist. It was operated on and a plate inserted. I now have permanent pain and loss of full use of my wrist and cannot do the duty I was elected to do. I have been off sick for 5 months and returned to a reallocated job. The NHS resolution dept refuse compensation stating it is the patients fault not maintaining his driveway. I asked before starting this work if I was insured and informed that I was. A Director of the Trust has told me that I must not approach or sue the patient. That they accepted full responsibility because I was carrying out my job. Where do I go from here? A tort of negligence against the Trust as it’s servant instructed me to carry the job out?

We have met with this exact problem on a number of occasions. Although you were at work, the employer is not responsible for the maintenance of the property of the service user you were helping and it is most likely that any claim would need to be against them, rather than the employer.

Hi I was physically hurt by a patient with dementia and as a result have got a trapped nerve in my spine. I have been referred to a spinal surgeon. I have been told that I would have to seek compensation from the patient but as he has dementia I can’t. Surely the trust is liable? Would I have a potential claim?

As you were injured whilst at work, you may have a right to pursue a claim against your employer. However, you will only succeed with a claim if it can be shown that the employer failed to take every appropriate step to minimise the risk of injury. Clearly, working with patients with dementia does pose some inherent risks, but employers do have a duty of care to ensure that the risks to workers safety are minimised. With this in mind, the employer needs to ensure that all staff are appropriately trained, that the patients care plan and notes are updated regarding any known risks of aggression and that staffing levels and care plans are maintained properly.

We have specialist Solicitors who have successful assisted numerous medical care staff in similar circumstances and we would like to further investigate your potential claim too.

I am a Scientist at my local hospital. Some glassware broke in my hand and cut my finger. I needed two trips to A&E, an operation to repair a damaged nerve, physio and I still have not recovered feeling in my middle finger (this also comes with pain, cold sensitivity etc). Local department investigation shows a lack of risk assessment for use of glass and that the glass was likely old and weak. Do I have grounds to claim? What’s the average payout for nerve damage to middle finger?

It would appear that there could be grounds for a claim and it would be prudent to make further enquiries with us to see if our Solicitors can make a claim for compensation for you.

As for the potential value, it is impossible to put a figure on that at this stage. However, nerve damage to a main digit like the middle finger can see substantial settlement values due to the impact on dexterity and grip strength. The value of your claim would increase further if the injury affects your work and future employment prospects.

I work for NHS I fell at work and broke my wrist. The chair was a vinyl operator chair on wheels and as I went to sit on it the chair rolled backwards across the other side of the room so I ended up on floor. The flooring was clinical area hard flooring and although in tact it is supposed to be non slip. Another member of staff had same accident 3 days after me and the chairs were removed but these chairs are still used across other hospital sites.

It would be fair and reasonable to pursue a claim against the employers mandatory insurance cover given the cause of your injury and the subsequent removal of the chairs in question from your workplace. There are clearly questions to ask as to whether the chairs in question were suitable for the workplace environment and of the employer and whether they had risk assessed the chairs and floor surface. Of course, we don’t know if employers insurance can mount a robust defence as that is yet to be seen. However our No Win No Fee service affords you the opportunity to make a claim for personal injury compensation without you needing to worry about the costs of the process. If your claim were to be unsuccessful, you would pay no costs whatsoever. Further, your employment is not jeopardised by pursuit of a legitimate and honest claim such as yours.

Hi I had a fall at work and it bought on premature arthritis, is there anything I can do I work with the nhs?

If your fall happened within the last 3 years and the cause of your fall can be attributed to negligence (that could be a damaged or disrepaired floor surface or due to a spillage or item obstructing a walkway etc), you can make a claim for personal injury compensation.

During the claims process, our specialist Solicitors would instruct a medical expert to interview you with sight of your medical records and any scans relevant to the injury in order that a proper summary of your injury and the accelerated onset of arthritis in order that an appropriate value could be assigned to your claim.

Hi
I work for the NHS and was recently punched in the face by a patient on the ward I work on I’m currently off work and wait for counseling as i have started having panic attacks and feel very unsafe when outside my house

You may be able to make a claim for personal injury compensation – either against your employers insurance or via the Criminal Injuries Compensation Authority (CICA) scheme. We know your rights and can help you. It is important that a full record of the incident and any injuries has been made with your employer (the NHS is usually pretty good at incident reporting) and you should ensure that you speak with your Doctor regarding the physical and psychological injuries that you have sustained.

Hello I was wondering if you can help me please. I am a Healthcare Assistant and I was injured by a patient on the 17th October 2021, the patient tried to sit on someone else bed, they were very poorly and the patient kept pushing his body back to sit on the bed and my arm got caught and stuck between them and the bed rails. On numerous occasions ask to stand forward but was pushing back more and had to make the decision to move my arm out the way before it broke. On doing so I sustained a nasty shoulder injury which I am still having weekly treatment on. So under the shoulder surgeons, hydrotherapy and physiotherapy. Waiting for more scan and if this all fails then I will need surgery. I lost money due to my sickness, travelling to different hospital appointment, the stress it has caused me as I was training to be a nurse and at university which I have had to give all that up as my shoulder is too weak now and can’t do moving and handling anymore. I also had to leave the ward I loved to move to an area where no moving and handling was involved and taken a cut in my wages do to this. Can I make a claim? Many thanks.

Our specialist Solicitors will gladly consider the merits of your potential claim in detail. We have successfully assisted many health care assistants and ward staff who have sustained often serious injuries such as yours in very similar circumstances and there is a good prospect that we can do the same for you.

I sustained a tendon and ligament injury from a patient in work on 08/03/2022, I was sent down to a&e during my shift and had X-rays done which were clear, there is visible damage and I have been given a splint to wear. I wasn’t going to claim, but everyone around me is saying I should and that they would! The staffing was short and the injury could have been avoidable, but the NHS do not value their staff at all and generally do not care about our health and well-being. Maybe this would be a wake up call to start looking after their employees?

There are many reasons that motivate someone to pursue a claim for personal injury compensation. Whether it be that they have been caused a loss of income as a result of their injury, that they have been caused severe avoidable pain and distress, or because they are frustrated that an employer has been short sighted in their approach to the well-being of their staff and that this has then led to the person suffering an injury that was otherwise avoidable.

Our Solicitors have acted successfully for numerous NHS staff who have been injured whilst performing their duties. Generally speaking, people who work in the Health Service, carers or support staff feel anxious about claiming compensation – professionals like you do your jobs because you have a passion for caring and helping those less fortunate and it is common that such people feel guilty about making a claim. However, whilst this moral point of view is laudable, such employees have a legal right to make a claim for personal injury compensation. In your case, you cite steps that the employer could have taken to ensure that you were not injured in the way that you were and you have clearly suffered a very painful injury that will impact your professional and personal life. This is employer negligence and as such, you have both a legal and moral right to make a work injury claim for compensation.

We would love to help you make your claim and will ensure that your claim is placed with the right specialist Solicitor with experience of pursuing this kind of claim. To take advantage of our excellent No Win No Fee service, please call us on 01225430285.

I work as a bank HCA and was placed in the ED department for a night shift on the 28th of Feb (Monday). A dementia patient was wondering and as she stumbled my instinct was to support her and stop her falling which I did. In doing so I have injured my lower back and have rested it all week but see a physio tomorrow for assessment. I am due back at work but know I can’t fulfil my duties pain free. What steps can/should I take?

I suspect poor staffing may be to blame and that the patient should have been on enhanced care.

I haven’t reported the incident yet as I simply thought the injury would heal quickly and not affect my ability to work.

The shift was ‘virtual’ which means it’s paid at an enhanced rate. You opt in and are allocated shortly before the shift starts to the wards that need staffing. I wouldn’t choose to work in ED it doesn’t feel a safe ward for staff not trained to work there specifically. If you decline a virtual shift you are barred from booking anymore.

There are several incidents that have happened unrelated to injury such as, shortening the hours of virtual shifts to a length (5.25 hours) that makes the amount paid comparable to regular shifts (7.5 hours). This is not advertised when booking.

I have also had shifts in wards cancelled when raising concerns. These have been investigated internally and found lacking evidence.

You should certainly ensure that a full report of the incident and your injuries is made with the employer at the earliest opportunity. If you have concerns about the way the needs of the patient in question had been assessed, you should make reference to the same in your report.

Our Solicitors will consider the merits of a potential claim in this case and if they deem it viable to pursue the matter, they would do so on a No Win No Fee basis.

I would like some advice, I left a position with the NHS last month due to childcare needs, but also as it was mentally very stressful making my mental health deteriorate. I’ve tried speak to people about it – like human resources, but nobody seems bothered.

I don’t know whether I can make a claim against them or not?

Much will depend on whether you reported any issues in writing prior to your resignation? Also, on your resignation, did you cite any issues of stress and that the role was impossible to complete? Our specialist Solicitors can advise you further. If you had been with the employer for more than 2 years at the date of resignation, we can also seek employment law advice for you with regards to whether or not your resignation could be seen as constructive dismissal.

I’m a healthcare assistant on a ward in a hospital and injured my back when I was working on my own and had to move a patient up the bed. I have been signed off sick ever since as I damaged my discs which caused nerve pain and weakness in my legs. Could I claim compensation?

Please contact us on 01225430285 so that we can see if you can make a claim for compensation. Your employer needs to ensure that you are appropriately trained, supported and provided with the correct equipment to enable you to lift and move patients safely. If we can identify any aspect where your employer has failed to uphold their obligations towards your health and safety, our Solicitors will be able to act for you on a No Win No Fee basis.

Hi
When I trained as a nurse (starting in 1988) there were very few hoists and manual handling aids so moving patients involved a lot of heavy lifting and a variety of different lifting techniques. I injured my back on two occasions and have had problems ever since. All the lifting techniques we were taught have now been banned because of the risk to both the staff and patients. Is there any way I can make a claim for my injuries in light of the fact that the lifting techniques have subsequently been banned because they were high risk? Thanks

Whether or not the previous techniques have been abandoned is sadly irrelevant as the key issue here is the personal injury statute of limitation which requires all claimants to act within 3 years of the date of an injury. Having read your comment, it would sadly seem that you would be out of limitation and unable to now take any action against your employer.

Thanks so much for your reply. I thought that would probably be the case. It a real shame because it has affected pretty much every aspect of my life and made me very bitter about being a nurse (which I no longer am).

You are welcome. Limitation rules are very strictly applied and for any claimant to be granted a right to make a claim outside of the limitation period is sadly very rare.

Hello.
I am a community nurse. I fell on stairs whilst visiting my patient and sustained an ankle injury. Visited a & e and was told that I sustained a soft tissue injuries. I am back to work. But my ankle still felt pain from time to time. Will I be able to claim?
Thank you.

You would be able to make a claim if there was a hazard on the stairs or some disrepair that caused you to fall. However, the claim would most likely be against the individual homeowner rather than the employer.

hi Ian i am a healthcare assistant have been since the 80s and have sustained numerous injuries throughout the years.I do have longstanding back problems due to an injury at work in the 80s. Hence i am always on medication and self physio by swimming and gentle exercise, from time to time my back does trigger off by my work. In october i was on duty my back was causing me pain at that time, but as i approached a patient he kicked me in the stomach. i was thrown to the other side of the room i shook me up and really hurt my back. I was given pain relief by staff in charge but was in constant pain during the rest of my shift. After then i went to A an E and was told it was nerve damage. I have been in a lot of pain since find it difficult to sit or walk far and dress i have also ben off work since the accident. I don’t like to claim because of a patient but have been told by colleagues i should try.What do you think?

We have specialist Solicitors who have completed successful claims for a number of health care professionals who have been injured through acts of violence by patients.

If you would like their advice regarding a potential No Win No Fee claim for compensation, please provide further information via the ‘start your claim‘ page of our website.

Last June I had an accident at work, I work on the bank for the NHS. I sat on a hospital chair and it collapsed under me & I ended up having to take 3 and a half months off on statuary sick pay.

I am back to work now, but have had to change where I work and constantly have to take pain killers. I have contacted HR about my loss of earnings as I’m struggling and they say I’m not entitled to anything as I’m bank staff. No one has said my back problem is due to this fall but I know it is. I will have this forever & I’m feeling now that I can’t exercise or anything.

Your employer is correct in their view on your entitlement to sick pay above SSP, but you could still recover the lost income by succeeding with a claim for personal injury compensation. As the accident appears to have been caused through no fault of your own and due to a faulty or broken chair at work, there are prospects of succeeding with such action.

If you reported the accident at the time (or shortly thereafter) in an accident book system, your claim for personal injury would be strengthened. Also, if you informed your GP or Doctor that you had fallen and sustained injury, that evidence would also help.

I was assaulted by a patient whilst working (NHS) and have been informed that I will need a knee replacement in the future. The incident occurred 12 years ago and I have had ongoing problems since. I did not make a claim at this time but it was recorded using the appropriate documentation at the time. Am I able to make a claim?

You are unfortunately now barred from making a claim for compensation. Personal Injury claimants within the UK must pursue their claim within 3 years of the date of their injury.

I was exposed to TB in 2018, unknowingly in my workplace of A&E as a nurse. For the last 6 months I have suffered and been misdiagnosed numerous times, I have now been diagnosed with TB and genetic testing shows it came from the patient in 2018 and has been latent in me for 3 years and active for the last 6 months. I have been off work with loss of earnings, a collapsed lung and a major lifestyle change since this happened, not to mention the mental health aspects having unknowingly also infected 3 members of my family. Is this something I can claim for?

Your enquiry is a very unusual one and is something that only one of our specialist Solicitors would be able to advise on in detail after speaking with you. Certainly, if it can be shown that your employer failed to provide adequate protection (vaccination, PPE, care plan and warning), you may well have grounds to take action.

If you would like to speak with our Solicitors, please feel free to call us on 01225430285 and we’ll be able to get you the advice you need.

I slipped on a wet floor with no wet floor sign on a ward that I worked on 2 years ago which caused soft tissue injury to my lower back. Since then I am still having problems with my lower back which has resulted in me paying out for chiropractor sessions.

Even though two years have passed since your accident at work, you can still make a claim for personal injury compensation and we’d love to help you to do so on a No Win No Fee basis.

You have a right to seek compensation for the pain and discomfort caused to you, to recover the costs of the chiropractor sessions you have paid for and also any lost income you have incurred.

Am a district nurse. Had a fall whilst visiting a patient. Resulted in total loss of hearing in one ear. Have had cochlear implant surgery. It was dark. Can I claim?

For us to advise on whether you have rights to pursue a claim, we need to find out what caused you to fall. Please advise further.

Hi I am a Paramedic for the London Ambulance service and I fractured my left ankle whilst at work, am I able to claim compensation?

I am not able to work the overtime I had confirmed this week so have lost significant earnings.

This injury occurred when getting out of the ambulance at the ambulance bay which does not have flat ground due to ambulance weight over an amount of time.

Please let me know if I can claim.

Many thanks.

It would seem that there is a potential to attribute your injury to negligence in that the condition of the ground surface in the ambulance bay was uneven and dangerous. As such, the employer could have and should have been aware of this and undertaken work to ensure that the risk of injury was minimised.

Of course, it would be helpful if you have some photographs of the uneven ground where you fell, but if not, please make sure that an accident report is logged with the employer and that reference to the ground surface being damaged by vehicle use is made.

We would certainly like to further investigate and attempt to pursue your claim on a No Win No Fee basis. If successful, our Solicitors would recover compensation for the ankle injury sustained and recover any lost income – including overtime payments you may lose.

Hi there,
I work in a hospital and have to wear heavy lead aprons. I now have lower back pain and work have admitted that is what may have caused my pain. Also although they have said I’m not to work in theatres for the time being I’m still being rota for this.

The weight of the items that you mention could, after time, cause musculoskeletal problems. Whether or not it would be possible to establish employer negligence is as yet, unclear, but our specialist Solicitors have suggested that it is worth seeking further information from you in order that they can properly consider your situation and advise you accordingly.

Please email your name and contact details to me directly (ian@direct2compensation.co.uk) and I will call you to run through some information ahead of having our Solicitors advise you further.

Can i be compensated by the NHS for being injured by a mental health patient at work?

If your employer has failed to ensure that you were appropriately trained or provided with the correct risk assessment information, care plan details and staffing ratios, we will be able to establish that the employer has been negligent and seek compensation for any injuries from the assault.

Please use the ‘start your claim‘ form on our website to provide further information about the incident, your experience and whether you feel that your employer has been negligent so that we can advise you further.

I had an injury today at work where an open stitch remover blade was left in a bowl in my linen trolley and it cut my hand. I had to go to A&E for treatment.

Given the cause of your injury, you can certainly pursue a claim for compensation for both the physical laceration injury you have suffered and also for any emotional anxiety or upset that is caused if you suffer such a problem. As you have had immediate medical treatment, there will be strong evidence to support your claim but if you have not already done so, make sure that an accident report is completed at the workplace to describe what happened.

I managed to jam my hand in a swinging door within the ward resulting in me having to attend A&E . Hairline fracture was evident from X-ray. I was told that night by a member of staff that the door in question had already been reported. Where do I stand with compensation as I am now taking time of work due to the injury .

As your employer had already received a report of an issue with the door, the fact that there was no warning sign on the door or repair made indicates that you are likely to succeed with a claim.

I received an Injury at work in January and I have been on sick leave for a month due to awaiting X-rays. I have had to leave NHS due to the injury so my wage has received a cut however this is not my fault as I sustained an injury at work.

How did you sustain your injury? What work were you doing and what injury did you receive? Please let us know more so that we can further advise you as to whether or not you can pursue a claim for compensation.

I slipped on the pavement due to an icy patch at my NHS work car park. Can I claim directly from my trust or do I need to claim through an agency? I was given paid sick leave and my manager was great even though it wasn’t in her area. I ended up with a broken tail bone and 3-4 months on still having quite bad pain when sitting for too long or when driving.

Am I allowed to claim despite being given paid sick leave? The employer has a video of it, however I was told this accidentally by another member of the estate team and not sure I will be able to get a copy of this.

The fact that you received sick pay is great, but that is irrelevant as to whether or not you can claim compensation. As you slipped on ice at the employers car park, there may be a prospect of succeeding with a claim for compensation.

You can attempt to deal with the employer and their insurance directly or you can opt to instruct a specialist Solicitor – such as those who represent our clients – to act for you on a No Win No Fee basis in pursuit of compensation for the pain and discomfort caused by your injury.

I developed dermatitis from glove wearing may 2020, it developed when all the ppe supply’s changed. Its almost a year on and my hands are still suffering. I am on a potent medication which comes with all its side effects as well.

Since your employer changed their PPE provision and provided new safety gloves that caused your dermatitis, have you reported the dermatitis issue to your employer at all? If you have, but the employer has simply refused to consider obtaining specific gloves for you, you may well have a valid claim for occupational dermatitis compensation.

I work for the NHS. A Peritoneal Dialysis machine was on something it shouldn’t have been and has fallen on my foot. I had to go to a&e, i have painkillers and crutches. Its massively swollen and i cant stand on it.

Please call us on 01225430285. Our Solicitors would be happy to pursue your claim on a No Win No Fee basis.

I fell over a wheelchair that was left directly outside a door in my department and landed on the floor, i sustained cuts and bruises and was very painful, i struggled to walk on my leg for the 2 days after the accident but then i went off for 2weeks so by the time i returned to work i was able to walk on my leg, i didnt fill a datix in at the time although i have witnesses, for a year i have suffered with shooting pains and weakness on the same leg and and foot and recently i have been told my doctors i have nerve damage from the accident a year ago and may need surgery. A datix since has been filled out.

It is unclear as to whether a claim would succeed in this scenario due to the nature of the hazard that caused you to fall. However, given the ongoing injuries, the fact that you have a witness and have made a proper report of the incident, it is valid to now pursue a claim further.

I have worked with the nhs for almost 30 years. I have written and signed evidence that I was lifting wrong but it was the way it was done then. I am still working part time for the nhs but struggling every day with back problems. I have have a lower spinal fusion and have been told I could claim?

To be able to make a claim, you’ll have to act within 3 years of the onset of your symptoms or 3 years from the date at which you should have been aware that any symptoms were related to your work and employer negligence.

I was working on a ward and slipped on something on the floor and fractured my wrist (dominant hand) I was told to have it looked at after the shift and did a datix.
I am not sure if there were any witnesses as I was in shock after it happened and didn’t ask and have been off work since.

The witness issue is not a problem. As there has been a report made of the accident, there is evidence to support that you have sustained the injury at work. The key issue we need to address is the cause of your slip and whether you can identify why you fell. To succeed with a claim for slipping accident compensation, the injured party needs to be able to identify why they slipped – such as identifying that the floor was wet or that there was a piece of plastic or some other item discarded on the floor.

If you are able to identify why you slipped, please call us on 01225430285 or use our website to start your claim and we will have our specialist Solicitors seek compensation for your fractured wrist and any associated costs or losses that you have incurred.

Refurbishment work was taking place whilst our surgery was still operational. This meant that we had to use a reroute around the outside of the facility to access the basic amenities. During minus temperatures and as mentioned by a co-worker, I used the detour(no advise was given not to). On return to the office I used a fire door to enter, which snapped back fracturing my finger. I believe a full risk assessment has not taken place and as a result I incurred a nasty injury. Please advise whether I can claim against the practice?

We would like to investigate this matter for you and believe that you may have a valid claim.

My wife is employed as a manager in a local city hospital. She recently suffered a dislocated ankle and broken fibia having fallen coming down stairs (at the bottom step). She is unclear of the circumstances, but knows that the landing where she fell is prone to wet patches. The stairs were at a car park within the hospital grounds, would she have any right to a claim?

There is certainly a right to make a claim, but the claim would not succeed if she cannot be certain what caused her to slip. At the moment, we have an assumption – which may be correct, but cannot be proven should the matter go to court.

If your wife can recall why she fell – such as slipping on a wet area with no hazard sign or due to some other sort of unmarked hazard or defect with the stairs, she would be able to pursue a claim.

I am an NHS staff member, working in Hospital services.

In November 2020 I had an accident at work whilst lifting something very heavy. Ever since that time I have had really bad back pain and I have not been able to work. I have taken medication but this has not helped me. I’ve had an MRI scan but that didn’t identify anything and the pain is still the same.

Can I make a No Win No Fee claim?

If your employer has not provided manual handling training or if you were expected to lift an item exceeding the safe lifting limit (more than 25kgs) without having had appropriate help or the working environment makes it impossible to work safely, we can help you make a No Win No Fee work back injury claim for the pain and discomfort caused by your injury and also recover any loss of income or other incurred costs.

I am an agency worker, currently supporting my local hospitals portering team.
On 1/1/2021 an employee I was working with ran into the back of my foot with a linen cage and has broken my foot. I know as I am agency that I will not get sick pay and am not entitled to other NHS benefits, however I am now unable to work, drive or look after my horse.
I have asked them to find me an alternative position so that I can still work, if I can get someone to drop me off to work.
I wondered if I am able to make a claim?
The employee I was working with was, in my opinion, messing around at the time of the accident and was pulling the linen cage directly behind me as I walked down the corridor. This accident could have been avoided and I am very concerned about my inability to attend work.
Thanks in advance for any advice.

We would be very happy to investigate this for you – our No Win No Fee service guarantees that you’ll pay no costs if we are not able to succeed with your claim. As such, you have nothing to lose and you have every right to seek damages in the circumstances.

Hi I was assaulted by a patient from behind with a stick during a nightshift. I was not aware of any aggressiveness in a patient or I wouldn’t of had my back to him. He then hit a patient and smashed at the phone/computer on the ward. Myself and 2 members of staff had to hide in a side room of a poorly patient whilst he was storming the ward as security took a while. I went to A&E for them to look at my back which is quite badly marked/bruised now and was sent home. We were not given a proper handover to inform us what was wrong with anyone and a safety brief did not alert us to any aggressive patients. I have taken pictures of the injury inflicted to my back. Do I have a case?

The failure of colleagues to provide a proper handover with advice as to the risks posed by various patients could open the door to a successful claim. Given the circumstances, I would suggest that we look in to this further. Our No Win No Fee service guarantees that you’ll pay no costs should this matter not proceed successfully, so there is nothing to lose in having our specialist Solicitors consider this for you.

Hello.
My mother works for NHS. She had a bad accident at work today. She is working on car wash house and when she is working on it there are steps needed to be used so she fall off these steps on her back and have several buzzes. She hit her head and there was lot of blood. Also she hit her tailbone. She was taken from work to A&E. Is there any possibility to get any compensation?

Please call us on 01225430285 so that we can help your Mother make a claim for personal injury compensation and recovery any loss of wages or other costs.

I work as a hca, I was physically assaulted by a patient, resulting in severe rib pain, making work difficult and extremely painful and a massive black eye which I still have 2 weeks on. I had to have multiple xrays on both injuries. The result being soft tissue damage, where can I go from here?

We deal with a large number of health care professionals, support workers and carers who are injured by service users and patients whilst they perform their working duties. We would like to further assist you and investigate your situation with a view to recovering compensation for the physical and emotional injuries you have sustained (you can also recover loss of income if you succeed with a claim). If you haven’t already done so, the incident should be reported within the employers accident/injury reporting system to ensure that appropriate evidence is available in the future.

Please call us on 01225430285 when you are ready to take this further – whether you want to ask questions and find out your rights or indeed commence a claim.

Hi, I would like some advise for my husbands situation we both work as auxiliary nurses in An acute medical admissions unit Nhs Scotland, he works mostly in mhdu. In August he had a V&A patient kicking off punching and threatened nurses to the extent they had to press alarms for security and the police, during a violent struggle with said patient my husband hurt his neck. The event was datix and the other nurses were witnesses. He has been off work since middle of August with pain in his neck and shoulder and nerve problems in his arm recent mri results have diagnosed prolapse C6 &7 discs in his neck. He has been paid for being off but has only short time left before his sick pay will cease. He has to have surgery to repair his discs at a different hospital if they can do this. We feel support from NHS occupational health has been minimal and are now left with no help or advice. Can he claim any compensation? Or financial help if he is not fit to return to his previous job? Thanks any advise appreciated.

In the scenario you describe, there is the potential to pursue a claim for compensation. Whether that be against his employer or via a criminal injuries assault claim is as yet unclear.

Hi I am working as HCSW with learning disability and mental health employed by nhs. Through many years I have injured my neck and shoulder and after seeing couple of consultants they told me that they can’t do that much about it because of age 63 and it being a very risky operation. They have given me a letter that explains my injury and advice about managing the condition, which states I shouldn’t do heavy duty hospital work. I also have a letter from the Occupational Health people and Human Resources which have agreed with that.

Unfortunately, nearly a year ago one of my patients passed away and the employer put me in a new position where I am working now. I have been injured a few times by these patients – like my shoulder – by patients pulling me on the ground, I have been kicked by patients on my shin which has been infected for nearly a month and finally I have also been kicked with a full leg strike on my genital area about 3 weeks ago and at moment I am off from work because of extreme pain swollen and bruises and from sense that area is not functional and I don’t know how long recovery will take.

Will I be entitled for any compensation?

The work you do is clearly challenging and the patients that you work with obviously present inherent risks due to their vulnerable Statement Drafting Services. You can make a claim for the injuries sustained, if you believe that any element of the injuries can be attributed to employer negligence. The questions to consider are whether your employer has ensured that you are appropriately trained and sufficiently experienced to work in the environment and whether the employer has correctly risk assessed the patients you are caring for. Also, are the appropriate care plans in place for these individuals.

Dear Ian , thank you so much for your reply and very useful advice, that patient who I have been injured from of course has care plan but nothing official regarding his aggression and probability of his attacks, I am also suffering from the manager unjustified behaviour by undermining anything I do so obvious that sometimes my colleagues have noticed as well and always after she pulled me up she found with herself no question to answer and always was she just thought. I have passed more than 5 months of uncertainty sense they replaced me at this new place, I never had any induction whatsoever and everything I picked up and learned on my own, some of nurses told me that she is just jealous about my background academic qualifications because I am retired private advanced physio but I don’t think that is case. I am always suffering from stress and thinking what she find today to pull me up. What she okays to anyone never does to me. I am sorry that I have long story which I can’t publish all. Many thanks. Paulo

As you were never given a formal induction at this workplace, it could be possible to pursue a claim as there is a possibility that a formal induction would have helped you to avoid such an incident.

Hi
I was working with operating equipment in the underground deliveries department of a hospital. I was reallocated to work right next to the deliveries door, that is supposed to be transparent but hasn’t been maintained so can’t see through anymore. Someone came bursting through the doors and crashed into me and the over excessive amounts of crates he was pushing fell on top of me. I hurt my shoulder and back in the incident and wasn’t my fault, causing me to have time off that is still ongoing. Is this eligible for compensation?

There may well be a valid claim for personal injury compensation in this matter if we can establish that the employer should have ensured that the doors remained transparent and that their failure to do so, directly lead to your sustaining injuries at work.

This is certainly a matter we should be presenting to our specialist Solicitors.

I have significant wear and tear to my knee joint and need a full knee replacement, this is caused by working as a district nurse for ten years and doing a lot of work on my knees such as leg bandaging bloods etc. Am I eligible?

In attempting to hold your employer liable for your injuries you will face difficulties in establishing that the employer was negligent and that there is a causal link between the work you were doing and the employer being negligent. Therefore being able to make a claim successfully would appear to be unlikely.

Hello
I worked as a nurse in the NHS for many years.
I now have arthritis in my hip and knee. I think this was caused by lifting people.
Would i be able to claim any compensation?
Thank you
Janice.

You would have to pursue a claim within 3 years from the date at which any symptoms first presented as that would be the ‘date of knowledge’ which is the start of your 3 year limitation period.

I work as an HCA but I haven’t been provided with any moving and handling training by my employer. I moved a patient at work and hurt my back. I was off work since April and returned but I still haven’t been given training! Can I do anything and make a claim?

Yes, you can make a claim and we can help you do this. Please call us on 01225430285 so that we can further discuss this matter and explain the process to you.

Employers have a duty of care to ensure that the risk of injury in the workplace is minimised. In roles such as the one you perform, moving and lifting is an essential part of the job and for an employer to fail to provide you with the required training to help you lift and move safely is negligent.

Our specialist Solicitors can seek to recover compensation for the injury to your back and also recover any loss of income or other incurred costs relating to your injury.

I work in the community as a healthcare assistant for NHS visiting patients at home. This week I visited a patient and I was attacked by her dog it bit my left calf It had bleeding, broken the skin and it is painful. I suffered a terrible attack and I needed to leave the patients house and go straight to the a&e I was very upset and waited their for up to 2hours. I needed tetanus vaccine and I am on antibiotics for one week. I will need to take at least 1 week off from work and I am in pain and suffering from medication side effects. I had done a datex and reported it to the police. Is there a claim , as the nhs should provide a safe environment?

This is certainly a matter that we can ask our Solicitors to discuss with you as there is the potential to pursue a claim.

If you would like to make contact with me directly via email (ian@direct2compensation.co.uk) we can have this looked in to for you.

In March 2020 I went into our store room to get a visor before commencing the needling of our dialysis patients. In order to get the visors in needed to stand on the stool as the visors were on the top shelf. Turning around to come of the foot stool I tripped and fell on my left side breaking my left wrist and hurting or spraining my foot ( the foot was not xrayed) I had 6 weeks off. Both my foot and arm still hurting should I make a claim?

It is likely that the employer should have provided a safer piece of equipment for you to obtain required items that were stored at height and that may well be seen as negligence on the part of the employer and enable you to recover compensation for your injuries, the pain caused and any loss of income or incurred costs.

I began working for the Swindon hospital NHS July 2019 in biochemistry. A certain piece of equipment was broken when I joined however all staff were still using it and therefore so did I. This machine was a centrifuge- (heavy metal box to spin bloods) the lid is unstable and whilst cleaning it fell on my hand and I may have a possible fractured scaphoid, I have to go to fracture clinic in a few days and I’m currently in a splint. Everyone knows the manager knew but naturally he’s playing dumb and blaming the servicing company as the label says services on 12/03/20 – which staff members over heard him saying to the company leave that and concentrate on the rest- If you have time come back to that one.
I don’t really know who’s at fault, however I would like an answer.
I also never had competency training when I started. I’m not sure if that makes a difference as I knew what I was doing in terms of using equipment.

Employers have an obligation to ensure that the workplace is as safe as it can be. This requires them to ensure adequate training, regular maintenance of equipment or tools and the removal from use of any machine/tool that is broken or unsafe. As this has not happened in your case, there is certainly a prospect of succeeding with a claim.

Making a claim would not impact on your right to continue with your work and would not give the employer an opportunity to dismiss you or weaken your working rights in anyway.

Whether it is your employer or the 3rd party servicing company at fault, one thing is certain… You were not at fault and you have a valid claim for personal injury compensation. The fact that the machine in question was broken and known to be broken, yet it was allowed to remain in use is negligence. Also your employers failure to ensure that they had undertaken appropriate training with you is also negligence and you now have a nasty injury to your hand. Our specialist Solicitors would be very happy to pursue your claim and seek compensation for the painful injury sustained and any associated costs or losses.

I am a domestic for the NHS. From October, I was put on deep cleans doing buffing and carpet cleans. I complained that I was in pain with both my arms, wrists and that my right hand was worse. Then on 16th of December 2019 my manager referred me to physiotherapy, where they thought it was tendonitis and I was recommended not to do as many deep cleans – which was told to my employer. However, this didn’t happen & I was asked to go on the wards where I was having to carry hoovers up 2 flights of stairs, before deep cleaning. My right arm was that sore that I made an appointment with my GP who said I had carpal tunnel syndrome and gave me a sick note for 8 weeks of leave. I have been informed today that I wont be receiving any pay this month at all.

You have a right to make a claim against the employers insurance for carpal tunnel syndrome compensation, which if successful would see you recover compensation for the pain and discomfort caused by the injury and importantly, enable you to recover any lost income or other incurred expenses. We can help you make your claim on a No Win No Fee basis with our specialist Solicitors ready to investigate your case and work to recover your losses.

Your employer may be liable in your case if they have not correctly risk assessed the nature of the work that they are expecting you to perform, or provided you with adequate equipment and training to enable you to work safely. Given the weight of the vacuum that you had to carry up flights of stairs, it could be that the employer has been negligent. Employers that task staff with physical work of a repetitive nature and use heavy or vibratory equipment must also ensure that appropriate job rotation and breaks are provided to minimise the risk of an industrial injury such as carpal tunnel syndrome.

I am a staff nurse in the NHS. I was putting a bag into the large sin bucket in our sluice and unbeknownst to me the domestics had put two bags of paper on top of the lid. The bags were hidden behind empty boxes. As I lifted the lid the weight of the paper bags caused the lid to jerk down causing me to jerk my arm. This has resulted in me having a rotator cuff tear which has been diagnosed following an ultrasound.

Injuries to the rotator cuff are known to be extremely uncomfortable and cause numerous difficulties with independence. Simple tasks such as putting a jumper on or reaching up to a kitchen cupboard become very painful and dexterity may be impacted. As such, successful claimants in cases for rotator cuff injury compensation can seek damages for the pain and discomfort caused by the initial injury, the impact on their day-to-day life and for any loss of income or other associated losses caused by the injury.

In your case, we feel that you have a valid claim with good prospects of success. We would like to help you with your claim so please call us on 01225430285 so that our team can discuss this with you and help you start your claim.

When assisting a patient (using correct equipement/procedure) the patient collapsed and as I was already holding him to assist to stand, I took all his weight and then had to lower him to the floor (amongst equipment) in order to be able to call emergency bell for help. I now have chronic back pain and have been off work for 4 months now with no end in sight. No diagnosis yet as awaiting imaging. Had a meeting with HR and now feel pressured into returning quickly as my pay will be halved and they want monthly meetings.

Your employer cannot force you to return to work if that goes against the advice of your Doctor and their view on your fitness to work. However, the employer is correct to want to discuss the situation with you regularly and indeed, may well be acting in your best interests in working out how they can help you to return to work safely.

If you would like to discuss your back injury with our specialist Solicitors with a view to seeing if there is any possibility of making a claim for your injury and the ongoing pain you are suffering, please call us on 01225430285. We’re still available to help and support you during the current situation. We’re all working remotely and still able to advise and help claimants make their claim for personal injury compensation.

Whilst transporting patients I got out of the ambulance at Bexhill hospital, I stepped in a puddle which turned out to be a pot hole, I twisted my left knee, it was so painful I could not weight bear and have missed 3 weeks at work. My knee is still not fully recovered

Please call our team on 01225430285 so that we can help you pursue a claim for compensation for the injury to your knee.

A week ago whilst trying to roll a large bariatric patient in bed , the patient became very aggressive and slung herself back on her back and then grabbed my shoulder launching me forward. I’ve had extreme pain in my neck, shoulder and arm since with nerve type pain shooting down my arm. My doctor has given me strong pain meds and I’ve had two xrays done. No bone injury however my doctor has said theres severe soft tissue damage to my shoulder and neck muscles and wants me to be referred to Occupational health through my employer to receive physiotherapy. The xray on my neck shows osteoarthritis to my thoracic area and I believe this injury may have made issues worse. The pain is currently intense and I’m not managing it very well. I’ve been off work for a week so far and although keen to return I’m struggling to use my Right arm. My work is very physical.
Am I eligible to make a claim as a patient inflicted this injury on to me?

Although your work is physical and the injury was inflicted by the patient, there may still be the potential to pursue a claim for soft tissue injury compensation. Our specialist Solicitors will need to consider whether the employer could have or should have taken any further steps to reduce the prospect of this happening to you. If they feel that the employer has missed something, they will pursue a claim for you.

We work on a No Win No Fee basis, so making a further enquiry is a no brainer. You have already sustained the painful injury and there is no risk to you letting us find out from our Solicitors as to whether or not you can make a claim.

I’m a hospital porter, whilst collecting clinical waste. a bag was not sealed, as I lifted it high into the bin a catheter bag emptied over my head. Going into my eyes and mouth. I had to drive home and clean up, come in during leave for blood tests and am waiting for further tests. Where do I stand?

There is a potential claim for personal injury compensation in this matter. Not withstanding the distressing nature of the incident, the stress and anxiety of having to await the outcome of tests for contamination would be something that you would be entitled to make a claim for.

The failure of the bag to have NOT been secured and tied is likely to be seen as negligence and we feel a claim is worthy in this scenario.

I’m a health care support worker within the nhs, the trust is having some building work done, there was a cable in the road and on the footpath. I tripped over this cable and I hurt my knee. I haven’t sought medical advice as yet as I could still walk, but have a little pain. Am I able to make a claim?

If the cable you mention was across the pavement due to the building work being undertaken, the cable should have been secured under a rubber ramp and marked with hazard warning markers. You could pursue a claim if the cable was not secured or marked, but the accident would need to be on record with the accident site – in this case your employer within their accident book.

The other issue to consider is whether or not your injury is sufficiently severe to warrant making a claim. You mention a lack of medical attention – which is fine. However, if the injury is something that you recover from within a few weeks and there is no medical evidence available, you won’t be able to demonstrate that your injury is sufficiently serious. If you are limping and have leg pain or a back injury, you really should get the incident noted on your medical records and ideally take some photographs of the cable.

I am an ambulance technician and have suffered a back injury due to a student paramedic who I was working with being unable to hold the weight of the carry chair and dropped it forcing my lower back to pop and the sciatic nerve is now trapped causing severe pain. The student had said she was trained in manual handling but was just too weak to lift. I now have severe lower back pain, sciatica and reduced sensation in my left shin and foot. I have been put on strong pain relief and am hoping to get back to work on a phased return, but it would be office duties which I can’t stan, rather than responding in an emergency ambulance. I have been given the time frame of approx 12 weeks to recover. It’s affecting my mental health too. I was wondering if it is worth claiming for compensation due to lack of overtime earnings and reduced pay if I’m off too long. I have also been told the sciatica could be lifelong. What compensation is usual for these kind of claims, what evidence do I need and will it get me in trouble with my employers? Many thanks

It is not possible to state at this stage as to what value your claim would have. The value of compensation would only be known at a later date when time has passed and treatments have been provided so that the extent of your recovery can be properly understood. Obviously, the less you recover and the longer you suffer symptoms for, the higher the value of the injury element of your claim.

If you were to claim successfully, you could recover any lost income – including usual overtime payments – along with any other out of pocket expenditure to ensure that your losses are recovered.

Finally, you would not face disciplinary procedures or risk losing your work through exercising a legal right to make a claim for compensation.

I tripped over a cable 2 days ago and fractured my head of radium (elbow) at work as a nurse for NHS. Now on sick until it heals. What are my rights?

If the cable was at work and was lying in a working area or walkway, you have every right to pursue a claim against the employers insurance cover for the pain and discomfort of the injury and the impact it may have on your working and social life. Employers have a duty of care to ensure that the working area is free of tripping hazards and as such, all cables and similarly potential hazards should be secured to prevent them from causing tripping accidents.

I work on a psychiatric intensive care unit, I fell whilst in pursuit of a patient last February. I injured my arm and subsequently frozen shoulder, i have been off work since as i am unable to engage breakaway techniques, am I able to claim anything ?

You would be able to make a claim if you can apportion the blame of or cause for your fall on negligence. In this scenario, if you tripped over something that was blocking a walkway or floor space, or if you slipped on an unmarked hazard (such as a spillage), you may be able to succeed with a claim.

If you simply slipped or fell due to misfortune and their was nothing your employer could have done to prevent the accident happening, you will not be able to claim.

Please contact our team if you would like to discuss the incident in more depth and get a better understanding as to whether or not you can make a claim.

Hi, I am a diabetic and have already had a toe amputated, my employers made no attempt to adapt my work on return, a few months ago my foot started hurting at work and I told my boss that walking so far was causing me problems he said I had to get on with it as the checks needed doing. I have since developed another toe wound and am at risk of losing it, my consultant agrees it has been caused by pressure during walking at work. Do I have a right to claim?

Your employer is not obliged to make alterations to your working role if the changes that you would need would make it impossible to do the job for which you were employed to do. However, if you have informed the employer in writing of your desire to alter your working role, they are obliged to look in to whether or not it is practical to do so and if not, to provide you with a detailed report as to why.

I work as a housekeeper on a patient ward I had a fall due to no signage saying the floor was wet. I did a datex report to my Manager to ensure that the accident was reported properly. I fell heavily on my knee and the doctor has signed me off work for 4 weeks in total. I still get discomfort and can’t kneel on my knee back. At work I have had good support from managers and I am worried about making a claim as I have a good relationship within my trust and love my job.

Firstly, we feel you have every right to make a claim for compensation as your injury was caused by negligence. Our initial view is that you have good prospects of succeeding with a claim against the insurers of the employer should you pursue such action. The failure of staff to erect a hazard warning sign has exposed you to the risk of injury that may well have been avoided if you had seen a sign and known it was slippery in the area where you fell.

Your concerns about pursuing a claim are commonly aired with us by people who enjoy their job and get on well with their colleagues and senior managers. It is important that you consider your own situation and your well-being ahead of any other party when it comes to making a claim. Making a claim against an employer is not directly a claim against the employer or individuals within the workplace, but against insurance cover that the employer is obliged to have to cover for such situations. Any claim would be made in confidence and would not be a matter that your wider colleagues or fellow employees would be aware of.

I was told to move pallets with a broken pump truck. I struggled pulling and pumping and have hurt my back and pain across my lower abdomen.
The pump truck was reported 2 weeks ago but still left for me to use, when I said it’s not working properly they said it’s been reported but no one can come out to it until we get an asset code. I work for nhs hospital.

You have a valid claim for personal injury compensation. Please call us on 01225430285 so that our team can help you.

The employer should have immediately removed the faulty pump truck the moment it was reported to them and their failure to do so renders them liable for your injuries in our view.

Today I while on duty with a palliative patient in their home I was bitten by their jack Russell. I was informed about a dog being present but also told it was harmless. After the incident the patient’s wife informed me that the dog has done this previous to other carer staff. The hospice I work for did not have this safe guarding issue on file.
Am I allowed to make a claim on my employer? I doubt that the patient or his family have insurance and it would be very traumatic especially as husband is on end-stage life. I was bitten on my right hand and the skin is broken and a tear, which will leave scar?

You should certainly seek medical attention and ensure that an accident report is made with your employer. We would be happy to take some further information from you and present your claim to our specialist Solicitors so that they could consider whether or not you can claim against the employer.

Hello, I work in the NHS as a healthcare support worker and on 25/11/2019 a patient had a cardiac arrest whilst I was walking him to the toilet. We needed to get him straight to the floor and whilst doing this I have done damage to my back. I’ve had bad back in the past but this is something else what action should I take? I’m struggling with picking my 2 year old up and it’s hurting me even by mobilising. What action can I take?

Has your employer provided you with the required manual handling training for lifting and moving of patients? If not, you could pursue a claim against them for your injured back.

I work as a ward housekeeper and was injured by a supervisor trapping my index finger in a metal bed frame whilst doing an assessment of source bed cleaning. I didn’t report it in the incident book as don’t like making a fuss and thought it would wear off but the pain is still there over a year later and my fingers still bent, and if knocked causes tremendous pain. I did show colleagues straight away what had happened.

It is still possible to make a claim, but as you may imagine, given the lack of a report being made at the time it will be very hard to prove that any injury was caused at work – even though you did verbally discuss it with colleagues.

Did you seek medical attention for the injury immediately (or very soon) after the incident? If not, the prospects of succeeding with a claim are extremely slim as it will be very easy for the employers insurance to defend the claim as there is no evidence to support any allegation against the employer.

An accident book report is an important element of evidence in a claim for personal injury compensation. An entry in an accident book after an accident at work confirmed that an injury was sustained at work and will explain how and when it happened. As you don’t have that evidence, unless you attended a Doctor pretty much immediately and they have noted on your medical records that you were injured at work, you are unfortunately going to struggle to take any action.

I fell at work getting up from my desk . My leg was entwined in a telephone cable . I was catapulted forward and I landed on my face and knees. Black eyes and laceration to my nose; the latter is still healing one month latter and may be fractured. my knees had preexisting pain awaiting Ortho referral. I am a specialist nurse.

If the risk of injury was foreseeable, the person who then sustains injury may well be in a strong position to make a claim for compensation. Wires & cables are obvious tripping hazards and as such, if they are allowed to be an entangled mess or if they are not secured it is foreseeable that someone could be caused to fall if they caught their foot in them.

In your case, it would seem that you have every right to pursue a claim for compensation given your injuries. Please make sure that an accident report is completed at work.

I am a community nurse and have fallen down a step in a patients house in September, as a result I have fractured my left scaphiod and have some tendon damage, as well as a bump to the head. I’m still undergoing treatment and not due to see my consultant until mid Dec. This resulting in at least 12 weeks + off work, I am not able to drive or to do my job currently as my left arm is immobilised in a thumb spica splint. Could I claim?

If the step in question was damaged or hazardous and the employer knew this (if a colleague had previously reported it), but failed to warn you of the risk, you could make a claim against the employer.

If the employer was not aware (nobody had ever reported the faulty step), you could possibly make a claim directly against the homeowner. Such a claim would require the home owner to have sufficient personal assets to cover the costs of defending a claim or adequate insurance (home insurance) cover.

I am NHS bank staff in bcpft mental health and learning disabilities. Lot of times at work patients hit staff, sometimes very serious injuries, but permanent staff they are entitled for 6 months full pay even if minor injuries, but bank staff got no choice even if they got major injuries. They are not entitled for any single penny.

Whilst the bank staff may not qualify for some of the benefits afforded to permanent contracted staff, as a bank staff member, you are afforded the exact same rights as permanent staff when it comes to health and safety at work, access to training and support, therefore if you sustain injury that can be in anyway attributed to employer negligence whilst performing your working duties, you have a right to make a claim for personal injury compensation.

Morning I work for the NHS and have done for 40 years now. When I first started there was no lifting aid. Working with other person we were standing and lifting patients and at one point whilst trying to stand a patient, my back went. I couldn’t move. An Ambulance was called and took me to Frenchay Hosiptal where I had x-rays and was told of the damage to my back.

Ever since then I’ve had lots of problems – more in the winter than other times, but I am really worried that I may not able to work for long and I dion’t know what to do. I have had 3 attacks where the pain has been so bad that I have had to go to Hospital and have morphine tablets. Can you help?

Having read your description of the situation in which you find yourself, we are not sure that we can assist you. It would appear that your injury was caused more than 3 years ago. If so, despite your ongoing issue and long term concerns about your back, you are statute barred as you needed to have made your claim within 3 years of the date of the injury.

If we are wrong and less than 3 years has passed since your back was injured at work, please call our team for further help.

I am a ‘CSW’ in a dementia and orthopaedic ward. We were going to take a patient to the toilet. We were both concerned that she was not stable to stand and that she could well wobble and fall if we allowed her to walk.

However, we did try the frame and she did stand with our help. I had my hand on her back and my colleague was holding her shoulders and head. She sat on the toilet but after few minutes she started falling over, so we tried to hold her up. In trying to keep her up, my hand end up under her bottom and I twisted my thumb and my shoulders. My colleague held her head.

We had both done a manual handling course and we don’t think we’ve done anything wrong in terms of procedure. We safely lowered her down to the floor so that she would not get hurt, as per our training. But as my hand was already under her bottom it was difficult position. As a result, I was injured. Due to the pain, I did and up in A&E and had X-Rays of the thumb and was told I had suffered a sprain injury to my thumb. The Doctor gave me 3 days off and I had also injured my back and shoulders, with my arm and hand still swollen and painful.

I am a new staff member, so I do not qualify for much sick pay – just 1 month full pay. I would like to know if I can make a claim? I will be going to see the physio for the first time on 07/11/2019. Currently, I am in pain every day and off work due to the injury.

You can certainly make a claim in this matter. That is not to say that you would definitely win your claim, but given the injury and cause there is sufficient in this matter to warrant having this claim considered by our specialist Solicitor partners. They would then be able to advise you as to the appropriate course of action, including pursuing a claim for compensation.

So my situation is that I have been employed with an NHS Trust since February 2019. This isn’t my first employment in the NHS. On 20th June 2019, I was heating agarose gel in the microwave and the flask slipped and the solution was boiling and it fell on my right hand, however I was wearing an nitrile glove so the solution didn’t get any direct contact onto my skin. I’ve had pins and needles, burning sensation and tingling/ numbness since the accident and have not been able to go back to work. The rubber mitt to handle the flask had holes however I have no photos and my employers have removed it and have declined my temporary injury allowance application. Do I have an claim against my employer and would I be likely to win?

Whether or not you would be likely to succeed with a claim in this matter is impossible to state at this stage, but it could well be that there is a valid claim to be pursued. Did you report the details of the incident within the employers accident book or incident reporting system?

We would need to know how the flask tipped over and whether the employer could have or should have provided alternative equipment to prevent such an incident and injury.

Hi,
My wife, an ODP of 30 years experience, has suffered a partial disc prolapse whilst moving a very heavy dead patient. As she works nights there were not enough staff to move the patient, nor had the right equipment been used when setting the patient up to make lifting easier. She has had manual handling training. She is on a surgical referral list for a potential discectomy. I’m assuming she needs to make an injury claim to top up her pay whilst she is sick, but we are concerned she may never be able to do this job again. Any suggestions?!.

It depends on who your wife is employed by as to whether or not she receives full pay whilst she is off work. UK law does not oblige employers to pay usual salaries to those off work through illness or injury – even if the injury was caused at work. Most people therefore receive only Statutory Sick Pay (SSP) and are left heavily out of pocket. If so, the only way to recover lost income is in pursuing a claim for personal injury compensation, which if successful will enable the claimant to also recover any loss of pay and incurred costs.

As your wife works for the NHS (we assume), she is likely to be in a position where she will be entitled to a lengthy period of sick pay. Of course, she should refer to her contract or speak with her employer to discuss her exact entitlement.

The cause of her injury is something that could form the basis of a claim for personal injury compensation – regardless of whether or not she receives pay whilst off work. The lack of sufficient staff members on duty and the failure of the employer to provide the correct equipment is certainly something that a specialist Solicitor would be interested in discussing further with her should she wish to look in to making a claim.

I am a health care support working for learning disabilities and mental health, while on shift a patient became unsettled and began to target me, while trying to increase personal space (a technique provided by the nhs) I sprained my ankle as the patient was hitting out at me. I am now off work due to this and in a support boot and crutches for the foreseeable future, unable to drive or participate in activities such as the gym due to my ankle being injured. The patient is known to target myself and has done throughout the admission. After the injury to my ankle I had to carry on with techniques provided until the area was safe also finishing my shift while unable to walk properly. As a staffing team we have requested different techniques to work with the individual as their behaviours are increasing. Is there a case to pursue?

The information you have given certainly indicates that there is a matter to investigate and look in to with regards to whether or not your employer has been negligent in failing to provide updated instructions and techniques to you and colleagues to ensure that you are as safe as possible when working.

You have clearly suffered a painful injury at work and as you say, this is preventing you from taking part in your usual activities, both at work and privately and is also impairing your independence. As such, you do have a right to make a claim and we would like to help you in this process.

I work as a community nurse and was attacked and bitten by a patient’s dog . This had happened before to another colleague at the same address and my managers are aware I attended Urgent care and did a datix. Do I have a claim and who do I claim against?

It is possible to pursue a claim for compensation as a result of injuries sustained in a dog bite. In this case, it is most likely that the claim would be made against the dog owner and against their insurance (home insurance public liability cover). There is a small possibility that the employer could be claimed against – but in the circumstances you describe, our initial view is that this would not be the first point of action in such a claim.

If you would like to take this further and look in to making your claim, please call us or as us to call you.

My Mother worked for the NHS for 30 years and has got a shoulder problem where she can not lift it now due to lifting patients. Could she be eligible for compensation?

There is a possibility that your Mother could make a claim against her former employer for her shoulder injury.

However, the claim would not be able to proceed if more than 3 years have passed since the onset of any symptoms. If less than 3 years has passes since she began to notice the discomfort she could then look at making a claim. If the employer failed to adequately train her to perform her duties safely and didn’t properly manage her workload, she could succeed with a claim.

I had an accident at work on Friday 2 August. I work in a hospital and fell over a box of patient notes left on the floor. I have broken my left shoulder (I am left handed). I cannot drive or barely do anything for myself. Can I make a claim?

You can certainly make a claim. Walkways and areas where staff are expected to be moving or busy should be kept free of tripping hazards and the employer is responsible for ensuring that this is the case. As the box of notes has been left on the floor, you could pursue a claim for compensation for the serious injury you have sustained and the implications caused to both your professional and personal life.

I work as a cleaner and when I moved the needle box there was a needle that she used for stitching with thread not disposed of properly and it stuck in my finger, it bled very heavy and there was one doctor still in surgery and she advised me on what to do and disposed of the needle. I have had one blood test done and still have two more before I know if I’m in the clear, since that incident all yellow needle boxes have been attached to the wall so underneath can be seen. Fast forward two weeks and in the same room they still hadn’t disposed of needles properly. I emailed my boss and sent her photos, I no longer clean the boxes since what happened but plain negligence and they have no regard for my health and safety. Have I a claim for my Needlestick injury?

Yes, you have a valid claim for the stress and anxiety caused to you by the needlestick injury you have sustained.

I am a housekeeper working on a busy medical ward.
Early one morning a patient was taking a shower. As had happened before, water started seeping under the door into the corridor quite quickly, as I was free I went to assist the nurse who was dealing with the incident, we were quickly trying to stem the flow of water down the corridor, we had a wet floor sign out to alert any other members of staff or the public, unfortunately during the incident I slipped and fell injurying my left wrist.
Following a visit to A&E the X Ray showed a bad fracture with wrist displacement, I had to have the wrist manipulated in A&E and am currently in plaster.
The accident was reported through the correct trust policy procedures.

As you were aware of the slip risk and were attempting to deal with it, it could be that you may struggle to hold your employer fully liable for the injuries you sustained. However, as it would seem that the design of the showers makes it possible for water to leak out and as this has happened on previous occasions, there is a valid reason to make a claim for compensation against the employer. Clearly your injury is serious, so it would be sensible to make a claim with us.

I was injured in a restraint that 2 service users were fighting and me and a other member of staff responded, we used holds on the patient and the patient fell to the floor being myself and the other member of staff to fall to, I put my hand out and bent my thumb back, since then ive found out that I’ve fractured my thumb,

Can you advise me if I can claim?

There is a potential to make a claim for thumb injury compensation in this scenario. Whether or not your claim will succeed will depend on what training the employer has provided to you and whether that training was sufficient. The employer would also need to have conducted a risk assessment of the work you were tasked with too.

I was restraining a patient with a 2nd member of staff. On moving through a standard size doorway with the 3 of us in a row and the patient being physically resistive, she spread her feet out in front of me & I tripped over her foot, landing on & fracturing my right knee cap. The patient & the 2nd member of the team also fell and landed on top of me. Can I claim? It happened 2 weeks ago & I am currently in a full leg plaster cast with the view of it being in situ for 6-8 weeks.

Given the severity of your injury, it is only reasonable and fair that you are making enquiries as to whether or not you can make a claim for compensation.

Whether or not you can succeed with a claim will depend on whether or not the employer has taken the appropriate course of action in terms of staff training, equipment provision and risk assessments of the work you are asked to undertake. If the employer has failed in any of these areas, your claim for compensation could succeed. However, it will only be possible to find out by discussing your possible claim with our specialist Solicitors.

I am an agency nurse working on contract with a local NHS trust.
Yesterday, on walking from the car park into work to start my shift. It had been raining quite heavily the previous night.
I was walking on the pavement in trust grounds, and suddenly I slipped and both my legs went from underneath me. I subsequently fell straight down on my back.
My concern is the pain I’m feeling in my left lower back. When I put on weight on that side, I’m finding it difficult to walk correctly. If I have to take anymore time off work, due to my inability to stand on my feet for 10 hours during my shifts, would I be able to claim compensation for loss of earnings?

You will be able to claim compensation for your injuries and lost income if we can show that a slipping hazard was present and that the employer either knew it was present, or ought to have known it was present and had failed to do anything about it.

In your case, we don’t know why you slipped or what caused you to slip so it is hard to advise you at this time.

I had an injury when a patient in excess of 160kg, needed support to lie back on the bed following a procedure. The midwives had left leaving only the anaesthetist and myself to help her. She allowed her upper body to lie back on my arm causing me to feel a pop in my neck. I experienced mobility issues in my neck and left arm, and numbness and tingling.
I paid privately to see consultants and have an MRI scan which confirmed I have a C5/C6 protruding disk impinging on the nerve. I had to wait to get a cervical root nerve block, which didn’t work as hoped, and I have now been listed for surgery. I have been off work for 7 months as a result of this, and this week returned to work on adjusted duties and a phased return, to see how I manage, while I’m awaiting surgery.
My salary was being paid in full up until May when it was reduced to 50%. Human Resources told me that I was entitled to 85% of my salary, I questioned why it has been reduced on June 20, and I’m still waiting for answers. The trust appointed Occupational Health Doctor has twice stated that this injury is directly related to my injury at work. I’m now wondering if I would be entitled to put in a claim against the trust for this injury?

As long as your injury happened within the past 3 years, you certainly are entitled to make a claim. It would appear that there is a case to answer in that the patient was left alone with you and the Anaesthetist when it was obvious that additional support was required.

Yes it was within 3 years, is was sept. 2018. But would it need to be proven that the midwives that we’re supposed to be in the room had left?
Kind regards

As you are within the 3 year claim limitation period, you should pursue a claim. As you can make your claim on a no win no fee basis, you don’t need to worry about the process of the claim as the onus will be on the defendant to mount a robust defence to your claim.

I went in to a clinical room that is very small it had a trolley and 2 chairs in it, normally and realistically it should have only had one chair in order to be able to move around. When I turn around to leave i caught my foot in the second chair cause me to fall hurting my shoulder. Can I claim for money i lost not being able to work for a week?

If you have had an accident at work because a working area has been left in a hazardous state with too many items in it and potential tripping hazards, you have a right to claim compensation for your injuries and loss of income.

I work as a theatre nurse doing anaesthetics. On this occasion, I went to wash my hands, turned around, and someone had put a drip stand on wheels behind me, which resulted in me falling on my cocyx and suffering severe pain.
Consequently I had to be off work for several weeks and am now looking at retirement as a result of this fall.

Clearly the injuries you have sustained in the accident you had at work were not caused through your own fault. Whether or not there is a strong defence that can be made by your employers insurers should you pursue a claim, will only be known once a claim is made. Given the severity of the injury you sustained and the impact it is having on your life, it would be reasonable and fair to further investigate this claim for you.

I work in hospital Kitchen. I had to go out to dispose of waste in the back yard waste area. It is surrounded by a big tall iron fence. To get to the disposal bins you have to get through the iron gates. I attempted to open iron gate and part of iron gate dropped onto my finger. Blood gushed everywhere and my finger went kind of black. I was told to go to accident and emergency, which I did. I had x rays but nothing is broken. So my finger though is bandaged up and I’m unable to use it. Also told not to get bandage wet. I was at work today in the hospital kitchen and told I can not work in the kitchen until my injury has healed. This is because you need to wear gloves in kitchen. Basically, can I claim anything?

There is a possible claim for accident at work injury compensation that you could pursue. To succeed, we’d need to demonstrate that the iron gate was hazardous to use given the work required and that it was negligent to expect you to open the gate whilst carrying kitchen waste.

We would be happy to look further in to this claim for you. It is important that you make sure an accident report is completed in your department and if possible, take a photograph of the gate in question. If you cannot work in the kitchen whilst you recover and have to wear the dressing, could you perhaps see if there are alternative duties you can perform elsewhere within the workplace?

Hi, I’m 27 and have been working for the NHS for nearly 10 years in admin (always full time and usually spend the majority of my day seated at a desk). I have been diagnosed with early degenerative disk disease (possibly due to continued seated positions etc.) I was off work sick for several months last year and returned to work Jan 2019 after going for an MRI, having MSK physio and seeing occupational health who advised on an ergonomic chair and possible sit-stand desk to relieve pressure on my back. However, several months later this STILL hasn’t been sorted and I am now off work sick AGAIN (practically bed bound and on more strong medication AGAIN i.e. tramadol etc. as I can only stand and lie down atm and cannot sit in a seated position for more then a few minutes without my back muscles tightening etc.) so am now in chronic pain and am now (from this month May) going into half sick pay. However, I don’t believe this is my fault as surely if the recommended measures were in place when I returned to work back in January, I may not have been off sick now so would not be going into half sick pay…?? Where do you think I stand with this and do you think its worth pursuing as thinking about it now my back problem may even have been the result of my job in admin and not having the right measures in place i.e. doing constant overtime, not having regular breaks, not having the right equipment such as chairs etc. Thanks in advance for your help and advice and I look forward to hearing from you soon.

You describe an interesting and ‘unusual’ possible claim. In the interests of being fully honest, I do not know whether or not you would be able to succeed with such a claim in that you may not be able to prove that the back condition you are suffering with was fully caused by your employer. However, it seems that qualified people (Occ Health) have made recommendations that have not been acted upon by your employer. As such, it is perfectly reasonable for you to look further in to this and we would gladly assist with such investigations.

Please use the ‘start a claim’ page of our website to make further contact so that we can present further details of your situation to some of our expert specialist Solicitors and allow them to advise you further on this matter.

I had an accident at work involving a patient trolley running over my right foot yesterday. I informed my supervisor and was told to do an xray as I work in the imaging dept. Xray did not show any fracture and the radiologist told me that it was not necessary to go to the A+E doctor. I had some pain at the time over the foot , however the pain seemed to have moved to my ankle and hind foot instead. I did not goto work the next day as my foot was still sore. However there was no swelling or bruising but my shoe was broken due to to the accident. Kindly advise if I should take this up with my management. I have also booked an appointment to see my GP in the next week.

Having now spoken with you, our initial view is that your enquiry should be taken further as the space within the workplace and the equipment being used would appear to be an accident waiting to happen.

I have worked for the NHS for over 35 years and am now suffering long-term, severe back pain. I am awaiting my second orthopaedic back operation, to relieve the pain. I am on strong pain killers to enable me to function and I am convinced that it is due to years of lifting heavy patients etc, without the correct equipment being available!
How do I prove this and can I make a successful claim, as, financially, I cannot afford to stop working?

The issue you will face in any claim is proving the causal link between your work and your injury and then establishing that your employer has been negligent and caused the damage to your back through a lack of training or incorrect working practices/equipment.

The first thing to do is to speak with your Doctors to ask them whether they are of the view that your injury is work related and not age related wear and tear.

Hi my mother is working as a registered nurse at a hospital and she fell inside the work premises but just after she had knocked off. Could she be able to claim for work compensation to get her monthly wages as normal since she is not fit to go to work for 6 weeks that the doctor gave her to heal?

Whether or not your mother had finished duty or was still at work is irrelevant in this matter. What does matter is what caused her to fall and whether the cause of the fall can be attributed to negligence. If we can establish that she was tripped due to a hazard or item of disrepair then there is a strong possibility of claiming successfully for compensation for the injuries sustained and any incurred loss of income or costs.

My wife was injured at work in the NHS restraining a mentally ill patient. The restraint is part of the job, however during the restraint the other member of staff restraining the patient let go and refused to help out, meaning she was thrown about struggling to contain them. She was off work with shoulder damage, has returned to work but till in pain with the shoulder injury. The other member of staff admitted they had done this and said he would not do it again. No further action was taken against him, yet she has been left with an injury which affects her sleep patten, left her in pain and has stopped her doing her usual sports. Can the employer be held responsible for the the negligent act of its employee?

An employer has overall responsibility for the actions of employees and in this case, it would certainly make sense to pursue a claim for compensation against the employer.

I work in housekeeping at NHS. Last year December I slipped and fell, there was splatter of water on the floor unknown to me. I was taken to A&E and had 2 x-rays done. My foot was not broken but swollen, as they think I might have injured a tendon. I was given a boot to wear as support. I returned to work letting them know my foot was still hurting when long periods of time on it and been seen by an occupational health nurse who monitors me every 3 months. Unfortunately this Tuesday evening gone 16/04/19 I slipped and fell again on a wet floor while trying to assist a patient who needed help. The patient witnessed the fall and gave me his details if I need a witness. I was taken to A&E and had a scan done on the same foot and also my knee this time as my knee went down hard into the floor. No cracks or broken foot or knee but my knee is swollen and burning and I’m in lots of pain. I’ve been booked off but before I left my supervisor made it sound as if it was my fault because she said I should have anti-slip shoes. A bit upset to that statement as not even the patient could see the water on the floor. Do I have a valid claim?

Please use the ‘start a claim’ page of our website or call our team on 01225430285 as you do have valid claims in both matters you describe. We would be very happy to help you on a No Win No Fee basis to claim compensation for both the injuries you have suffered. Claiming compensation against your employers insurance will not affect your job or your right to continue to work at the same location.

I currently work for the nhs as a domestic. I was scalded on my hand through a broken tap that had been reported several times. Although it was not a serious scald, it still hurt a lot and has left a red mark on my hand and the skin to my hand feels different. I was seen in a&e where it was dressed and had to have a week off work, do i have a case?

You definitely have a valid claim against your employer. When a hazardous or item that poses a risk of injury is reported, an employer has an obligation under the Health and Safety at Work Act to take immediate steps to protect their staff and reduce the risk of injury. In this case, the tap should have been repaired or removed from use until repaired when first reported. The fact that it had been reported several times without any action being taken by the employer indicates employer negligence and I would expect you to succeed with a claim.

We would be very happy to assist you with a claim for this injury.

I’ve worked for the NHS for over 3 years. 7 weeks ago I was carrying something into a room I noticed the door was open but because my arms were full I didn’t notice the box on the floor propping the door open. I walked straight in and fell with some force over the box. My knees took the impact of the fall and are still suffering 7 weeks on. With pockets of fluid on them I am unable to kneel on them. And have lower back pain since the fall. Could I have a claim ?

My initial view is that you do have a valid claim to be made for the injuries you have sustained in your accident at work. The placement of a box within the doorway is a hazard and an obstruction of a walkway, therefore employer liability ought to attach.

Make sure that the details of your accident and injury are recorded with your employer in the accident book – which probably has already been done.

We would be very happy to help you with a claim and invite you to call us on 01225430285 to speak with our staff. Alternatively, if you prefer you can use our online ‘start a claim’ option and we’ll call you.

Hello,

I was wondering if I had any right to a claim. I was working bank staff for NHS and injured my arm while on duty. I was out of work for 6 months, had medical treatment for a few months and now I have had to find employment in another field as I cannot fully manage any heavy lifting or manual handling of patients.
My husband has insisted that I try to file a claim for compensation.

You have a right to claim whether you are bank staff or full time staff. Whether or not you have a valid claim will depend on the cause of your arm injury. We need to know how it happened, what you were doing and whether the employer could have foreseen this and taken action to reduce the risk of it occurring.

Our team will make contact with you to discuss your situation in more detail and help you identify whether or not you can pursue a claim in this matter.

Had a back injury at work in theatres just went in to help theatres to transfer patient. Very large patient unconscious. 2 people on my side and three on the other and to put slide sheet under the patient. I was rolling with my anaesthetist. I normally work in recovery as a Nurse. I am not sure not able to let go the patient after rolled towards me. I Hurt my back. Been off work for nearly five weeks now till get back better.

In the scenario you describe, you may have a valid claim for compensation against your employer for the injury to your back – if it can be demonstrated that you had not had the correct training or guidance in performing the work that caused you to sustain injury.

Given your description of the incident, my initial view is that we should further investigate this matter for you as you may well have a valid claim for accident at work compensation. Please call us on 01225430285 or use the ‘start a claim’ page of our website to make further contact regarding your accident at work.

I work as support staff for the nhs. On the ward I was working there were several confused patients to two staff members one attacked me and now my shoulder is damaged, can I claim?

You have a legal right to make a claim for compensation against your employer if you feel that your injury could have been avoided if the employer had taken appropriate action. In this case, there could be a failure on the employers part to provide the correct ratio of staff to patients and given the nature of the kind of issues the patients you are working with have, it may be that the employer has not acted correctly and placed you at a heightened risk of injury.

Of course, we need to know more before we can say either way for certain, but this scenario is something we have experienced and succeeded with previously. Why not use our ‘start a claim form’ or call us on 01225430285 so that we can look further in to this for you.

Hi I received a shoulder injury at work assisting a confused and aggressive patient. 15 months later I am still waiting for surgery. And now my trust wants to take me to tribunal to dismiss me as I have been off sick so long. Can they do this?

If an employee is unfit to work through illness or injury, an employer must afford them a reasonable time to recover and return to work. If the employee is unable to recover to a condition that enables them to work, the employer has the right to seek to terminate the employment – although they must adhere to the correct statutory due process, hence the tribunal.

Whilst this is upsetting for you, the law would deem it unreasonable for an employer to be forced to retain an employee who is unable to work due to ill health or injury.

With regards to the shoulder injury, have you attempted to make a claim for compensation against the employer for the injury and losses caused to you by the same? Of course, we do not know about the incident, your training, the employers actions etc so it is hard to advise you at this stage, but in theory, if you could succeed with a claim for compensation against the employer, you would be able to recover compensation for your injuries, lost income to date and importantly, recover future lost income if your injury is sufficiently serious that you are left unable to work.

I am an NHS employee, I have been in my post for two and a half years. For the last year I have suffered from pins and needles and a loss of use of my right arm. I noticed this when I was using my laptop and the laptop was broken to I had to sit at a strange angle to use it. I did report this and my two managers where aware of the pain I was experiencing. I eventually lost the use of my right arm completely and was sent for an MRI scan, the scan showed I have a bulging disc in my neck, C6, I am having regular physiotherapy and acupuncture to maintain the use of my arm and help with the pain. I am sure that this injury is a result of faulty equipment allocated to me and I wondered if I would be in a position to claim some compensation. I may end up having to have surgery on my neck to try and alleviate the pain.

It is important that you make sure that any suggestion of the injury being caused by faulty equipment that had previously been reported is noted with your employers. To that end, I would strongly recommend that you make contact with your HR department to make a formal report of this issue with them.

If an employer has failed to remove a risk of injury – including a faulty item such as a laptop – from use, they could be held liable should that item go on to cause an injury. In your case, you have clearly suffered a very nasty injury and if medical experts can agree that the cause is likely to rest with the faulty work equipment, you would have a very strong prospect of succeeding with a claim against your employer.

We are of the view that we should present a claim enquiry on your behalf to our specialist Solicitors in order that they can make a detailed evaluation as to whether or not you can further pursue a claim for compensation. Remember, we work on a fully No Win No Fee basis so it will not cost you a penny to further investigate your rights in this matter and given the extent of the injury you have sustained, making a claim would be a sensible and reasonable course of action.

Hi Ian,
Is it possible to claim for an injury caused by repetitive strain? I am a Mammographer and struggled for months positioning the ladies and felt my shoulders/ arms and hands getting weaker. I thought it would get better but it just got worse.
Then i was off work – for 11 months now as i have severe M.E and had a relapse. Most of that time i was bed ridden. The Sonographer said i was right about the repetitive strain injury but it was bursitis in both shoulders. She also said i shouldn’t go back to that job with those injuries.
I also explained about these injuries and the treatment plan to my supervisor in the monthly meetings i’ve had since i’ve been off work.
I’ve read online that you should report injuries at work with 30 days but tbh as it was an ongoing problem with the positioning of ladies when doing my job i knew there was nothing i could do about it so didn’t report it. I thought it would get better. But it hasn’t it’s just got worse.
I’m now in my second stage and due to have my final hearing where i will be losing my job on ill health because of my M.E and pain.
I have already set the balls in motion by applying for my pension due to ill health.
I’ve been on half pay since May. My last wage will be in November.

Is there anything i can do? Can i claim any compensation in this situation? Or any advice please?

Given the extent of your symptoms and the consequences of the situation (you losing your job), I think your situation would be of interest to our specialist Solicitors.

Your employer does have a duty of care to ensure that you are adequately trained and supported to reduce and minimise the risk of injury at work. It is hard to say at this stage as to whether or not you would succeed with a claim, but I do think we should put this to our Solicitors for you.

I am a community nurse, when on a planned visit I parked my car in the drive area, when I stepped out of the car and headed to the house I slipped and twisted and felt something give in my back. I looked on the ground and noticed I slipped on mud or chicken faeces as the house was located on a chicken farm.
I carried on with the Home visit, and returned to the hospital, I completed an incident form as I was experiencing pain in my right buttock.
A couple of days later the pain had increased in severity, radiating from my right buttock down to my foot. I went to the gp, who felt it was probably muscular damage caused by the slip and twist, and gave me three weeks off.
I returned to work and usual duties as a community nurse, then suddenly approximately two months later the pain returned to the right buttock, radiating down my right leg, causing difficulty in mobilising, I went to the gp, who felt this was not muscular, and MRI has revealed a large slipped disc, which is compressing the nerve. I have been seen by the neuro consultant who has advised to try steroid injection into the spine area causing the problem, but he thinks this may not be successful, and I may need spinal surgery.
I have not been able to return to work, due to severe pain, and poor mobility.
I am concerned I may not be able to return to my job as a community nurse, specialist practitioner.
Can you please advise me regarding making a claim if I am no longer able to work?

You have done the right things so far in ensuring that an incident report was completed with the employer and also seeking medical attention. Therefore, important evidence will be in place to verify the injuries and that they were caused in an accident whilst you were at work.

Whilst your claim is unusual in that the accident happened at a 3rd party site that you were sent to by your employer, we feel that it is worthy of further investigation and we would like to speak with you in order to take a little more information and then get our specialist Solicitors to speak with you and offer expert advice about going forward with your claim for compensation.

Clearly, the injury you have sustained is a serious matter that leaves you facing a long rehabilitation period, possible surgery and even the awful possibility of being unable to return to your profession.

If you would like us to investigate this matter further for you, please call our office on 01225430285. We would initially take some basic information before passing the matter to the right specialist Solicitor with adequate expertise and experience.

I am a nurse and suffered on and off with my back. During a shift 4 weeks ago I was assisting a patient to stand and he collapsed, I instinctively caught him to prevent him banging his head on the sink that was in front on him. I took his whole weight and was immediately in pain. Three days later I was in theatre having my disc removed.

In order to be able to advise you as to whether or not you can make a claim for compensation, we would need to speak with you about your work, what training you have had and find out a little more about your previous back complaint.

We have certainly succeeded with similar claims in the past and would like to see what we can do for you.

I am a nurse that sustained a back injury. I have ongoing problems with this but I am frightened to claim as I can not afford to lose my job. What protection will I have?

Under UK law, any person who believes that their injury was caused due to the negligence of an employer is free to seek to pursue a claim for compensation from their employer without if having any impact on their right to retain their employed position. Simply put, you cannot be dismissed simply for making a claim for compensation as long as you are not acting fraudulently.

In the UK, if an employer were to dismiss an employee for making a claim for compensation the employee would have the right to take further legal action against their employer for unfair dismissal.

If you would like to discuss your back injury and the possibilities of making a claim for compensation with us, please call us on 01225430285.

Hi I work at the NHS and nearly 2 years ago they had contractors in building a new unit . There was a rush it seems to get the job finished and a very large wall unit was put on a stud wall with 4 wall plugs and it fell off the wall and landed on my face.
I have been talking through a claim with the RCN so I have lots of documents but they are saying the contractors will not pay my sick leave as they know I get sick leave from my work. So I have been offered 1600.
It’s not the money that’s so annoying, it’s the fact that if that had landed any where else on my head I could of been killed instantly. And I’ve never had a sorry from anyone. And I’ve worked there 17 years with an excellent record of service.
I am annoyed, I rushed back to work. But then again I am a nurse, that’s what we do.
I have reports to say they had made the mistake with putting a large cabinet on a stud wall and no cage was in place, but I feel annoyed my face was smashed up. I have the photos. And no one ever said sorry .

It sounds as if you have not had a specialist independent personal injury Solicitor – such as those with whom we work at Direct2Compensation – managing your claim for you.

We would strongly suggest that you speak with one of our experts regarding your claim and the current situation, as it may well be that having the right Solicitor acting for you would see you receive a better outcome.

I’m a paramedic and whilst moving a patient with a broken leg down a flight of stairs using a tracked carry chair I placed my weight on my right knee and caused a torn medial meniscus. I had an arthroscopy which I paid for privately to repair the damage as the waiting list is in excess of 12 months. I have been off work for 6 months and I am on reduced pay and undertaking physio. I hope to return to work shortly.

If there is any element of employer negligence that can be attached to how you sustained your injury at work, you will be able to recover your loss of income by way of making a claim for accident at work compensation. If your claim were to succeed, you would be able to recover compensation for the injuries sustained and also a special damages settlement to include any lost income and costs incurred.

We would very much like to get some more information from you so that we can get our specialist Solicitors to contact you to discuss your situation in greater depth.

Hi, I work for the NHS, slipped on wet floor, no sign there, and torn muscle in my knee, they have put me straight on sick, is that correct I went into work fit and healthy now I can’t walk?

If you are not fit to work because of an injury in an accident at work and you are unsafe to be at work or your injury would be worsened by your work then your employer is correct in giving you absence from work. There is also no obligation on the employer to pay you your usual income whilst you are away from work due to injury – even if the injury was sustained at work as is the case for you.

However, as your injuries were sustained through slipping on a wet floor at your place of work where there was no hazard warning sign erected, it would appear that you have a good claim to be made for compensation against your employer. If successful with a claim for slipping accident compensation you would be able to claim compensation for the muscle injury and pain to your knee as well as recover any lost income or costs that you incur because of this injury.

Hi, I work for the NHS and injured my back when a patient we took on a home visit fell against me and I had no option but to take his weight as no room to assist him to the floor. This happened in April 2017 and I am still on a graded return to work due to the pain. I have had a MRI and awaiting results.

If your employer has not properly risk assessed the nature of the work required to take this patient on a home visit, or failed to provide the adequate level of assistance or equipment, you are likely to have good prospects of succeeding with a claim for personal injury compensation.

Any such claim would, if successful, enable you to claim compensation for the severity of the back injury sustained, but also enable you to recover any lost income or costs incurred as a result of your accident at work.

We are here to help and would like to discuss your accident with you further as you may well have a viable claim.

I recently had a fall at work, I fell down down a couple of concrete steps that were poorly lit and was knocked unconscious for between 5 and 10 minutes leaving me concussed for about an hour before I could start recalling memories after the incident. The incident has left me in pain and discomfort for a few days with the need to take pain killers. I was moved to hospital for treatment, scans and x-Ray’s and administered pain relief. I do not work for the NHS but am based from NHS property. The area where my accident occurred is not maintained or very well lit, and from what people have said the condition of the area where I fell has been an ongoing issue for some time.

You mention that people have told you that the area where you fell has been a known issue for some time and also that it is not well maintained. This makes us think that there is worth in pursuing this matter further.

At the moment you have anecdotal evidence from colleagues that could offer your claim strong support if that evidence could become more ‘substantiated’ by way of getting witness statements about any previous reporting of a hazard or lack of maintenance etc.

We would like to talk with you to find out more and offer assistance – we’ve had success with very similar sounding enquiries before and I think we should pursue this further.

I had an accident at work due to a box being left in a dangerous hazardous place. I fell over the box onto my wrist. I was in a cast for three weeks, after an MRI found out that there was no break but a bad tendon injury. The problem has almost resolved but I still get pain which effects my work. I was off work for a total of 26 days but did receive pay. I have all evidence – incident report , occupational health reports, A&E ,orthopaedic consultant reports and physiotherapist reports. I am planning on leaving my place of employment, will this be a problem when claiming? I don’t want to have to go back there again! I have all the relevant paperwork. Is it possible to ask the average pay out for this type of injury?

What I can say is that if you were to pursue a claim for compensation as a result of the injury you sustained when tripping over the box at work, I believe that you would have a good prospect of succeeding. If an item is to be left, it is not ok for an employer or colleague to leave it blocking a walk way or in an area that is a thoroughfare. If this does happen and a worker then trips as a result of the box/item, they have viable grounds to pursue a claim for compensation.

What I am not able to say is what kind of settlement figure you would be looking at getting as the way a claim is valued depends greatly on the severity of an injury, the length of time that the injury is present and whether or not there is a full or limited recovery. However, given the fact that you were forced to take 26 days away from work, wearing a cast for much of that and no doubt very limited with dexterity and use of the arm, you should expect a minimum settlement figure of £2,000 – probably much higher. You would also be entitled to claim back any lost income and other costs.

The fact that you are leaving this work is irrelevant to the claim, all you need to do is ensure that the details of the accident and cause of your fall (a box being left in a dangerous and hazardous place) is recorded within the employers accident book.

This is a claim we would love to pursue for you.

Hi i work as a support worker HCA on a very busy ward in a hospital, in December last year a patient came out of a toilet with a walking frame, the patient’s leg gave way and the patient pulled my arm to save her and i fell to the floor pulling my back. I was in a lot of pain and went to A/E they informed me I damaged the soft tissue in the bottom of my back. I was only off 2 Days but I am suffering daily in my job, I am on shorts shifts now instead of 13 hour shifts, could I make a claim?
Thank you

I am very sorry to hear about your injury.

Given the extent of the damage done to you and your earning capabilities, I suggest that we get one of our specialist solicitors to pursue this matter for you. If you would like us to take this further, call us on 01225430285.

Hi, I work in the NHS, I went to a next section to get something for one of the patient I’m looking after, on the way back i went through a different exit where i slipped on the the floor only to realise that the floor was had been wiped by the domestic person but there was no yellow hazard sign to indicate the floor was wet, I injured my back, groin and the back of my leg, it’s all been recorded. Can I make a claim? I told one of my colleague what had happened and she told me I won’t get any compensation because I wasn’t wearing the correct shoe, is that true? Because those are the only shoe I feel comfortable in due to bunions on my feet and i do really long hours.
I went to the Accident and Emergency the same day and I couldn’t finish my shift for the day, I also went to my GP the following morning because I’m in so much pain, I got 2 weeks off from work.
Please let me know what my chances are if i put a claim in.
Thank you.

Karen

Hi, as you know we have spoken and I am pleased to confirm that our Solicitors wish to run your claim for you. Therefore, it is fair to say that you have very realistic prospects of succeeding with your claim after this accident.

Yours sincerely

Ian

Hello. I work for nhs in London, staff nurse with permanent contract, I had a fall while I was working. The floor was wet, I don’t know why or how, I slept on it, ended with a kneecap fracture. Now I’m at the hospital, the same one where I use to work. I had surgery yesterday. Is there a case for a claim and if yes, how should I proceed? Thanks.

Viviana

Hi, I am pleased that you commented on this article as well as making a contact enquiry on our website. This has enabled us to speak with you to get your claim started and to arrange for one of our specialist solicitors to contact you.

We believe that you certainly have grounds for a claim to be investigated and we wish you the speediest of recoveries and the best of luck with your claim going forward.

Yours sincerely

Ian Morris

I work for nhs, I recently slipped on a wet floor which lead me to A&E, there was a wet sign caution but was quite far from where I slipped. initially been suffering from back pain which has been improving since that incident. I couldn’t go to work and been referRed to hospital for a scan after have explained my worries to my GP. Does this claim sounds progressive at all?

Although there was a hazard warning sign erected when you slipped on a wet floor, this does not mean that you cannot pursue a claim for compensation.
You state that the sign was far from where you slipped and with this in mind, it could be argued that the sign was not relevant or not clearly visible. We would be more than happy to investigate your claim for you and pass this to one of our specialist solicitors with a view to claiming compensation to cover the injury you have sustained and any losses you have incurred.

I worked for nhs as cleaner until I became a supervisor, when I worked has a cleaner I had a accident on the ward I was a signed to. I was ask to clean some spill up in a very small cupboard where they kept dialysis equipment, one of them had been leaking very badly, i ask the nurses 3 times what it was has. I had liquid in my water, they told me it was just water so I start to clean it up I then realised it wasn’t just water. I couldn’t breathe, my eyes was running with water. I was coughing and couldn’t stop plus sneezing. I went to hospital and my stats was well below what it should of been. It went in the accident book on the ward and also in the riddor book. I had a week off work, now I have breathing problems which I did not have before then. We were not given mask or googles for this kind of thing, we did not have them for any liquids at all. I do know about c.o.s.h, this happen a few years ago, please could you tell me if I’m entitled to anything?

I believe that you have a very viable claim for personal injury compensation as it would seem clear that your employer (the NHS) has been negligent towards your health and safety by failing to advise you of a substance that would be hazardous to health. I would be of the view that your employer has breached the COSHH responsibilities and exposed you to a dangerous/toxic substance.

The most important issue that we need to confirm for now is that the incident happened within the last 3 years. If so, we would gladly pursue an accident at work compensation claim for you.

I am a young nurse and injured myself at work.
I was already complaining of back issues to my manager who referred me to occupational health as a result.
Meanwhile one day at work I was assisting an elderly patient on my own to the toilet. I immediately felt something was wrong. I struggled to walk home that day and after a few visits to occupational health and the physiotherapist. I was referred to have an MRI where it was discovered I had a rupture on my disc, the specialist consultant stated it was probably exacerbated due to work. I was unable to attend work for about 3 months due to pain, discomfort and struggling to walk. I was paid my normally salary for those 2 months however I was then told that they overpaid me and the HR department decided to take all the accrued annual leave I have for those 3 months to help to reduce the overpayment. I had a quick conversation with the HR department and my manager about the issue prior to the deduction, where I suggested not minding taking some of my annual leave to settle the debt but not all of it. This was a casual conversation, no paperwork or proper documentation was given to me in written at all. I am due to return to work and I have already been advised by mine physio that I may have to reduce my hours altogether. I was wondering if I have a strong claim on the grounds above, due to reduced hours of work and everything else mentioned above?

Given what you have said, it is certainly worth us making further investigations in to your situation and how your employer handled your back problem as there may well be a viable claim for accident at work and loss of income compensation. We certainly need further details and would be happy to help you with this claim.

I look forward to hearing from you.

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