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

By Ian Morris | Updated November 2nd, 2024

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Quick Answer: When Can NHS Workers Make an Injury Claim?

NHS workers can make a compensation claim when they’ve suffered an injury at work due to employer negligence within the last three years. This includes physical injuries from accidents, psychological injuries from workplace stress, and occupational diseases developed due to working conditions. You must be able to prove that your employer failed in their duty of care and that this failure directly caused your injury. Agency workers, permanent staff, and most contractors are eligible to claim, though different rules may apply to different employment categories.

Key Takeaways

Report the incident immediately through NHS channels
Document all evidence and expenses
Contact our specialist solicitors early
Claims operate on a No Win No Fee basis
Most cases settle without court proceedings
Average settlement time is 12-18 months
NHS Resolution handles claims, not your direct employer

Remember, making a legitimate claim is your legal right and shouldn’t affect your NHS career. Early action and proper documentation significantly increase your chances of a successful claim.

Understanding NHS Worker Injury Claims

Working for the National Health Service comes with unique challenges and risks. While the NHS strives to maintain high safety standards, accidents and injuries can still occur in this demanding healthcare environment. As an NHS employee, you have the legal right to seek compensation if you’ve suffered an injury at work due to negligence or unsafe practices.

Who Can Make a Claim?

A wide range of NHS employees can pursue compensation claims, including:

Nurses and midwives
Doctors and consultants
Healthcare assistants
Porters and maintenance staff
Administrative personnel
Cleaning and catering staff
Paramedics and ambulance crews

Types of Injuries You Can Claim For

NHS workers can experience various workplace injuries that may warrant compensation claims. Understanding these different types of injuries is helpful for recognising when you might have a valid claim.

Physical Injuries

Physical injuries in NHS settings often result from the demanding nature of healthcare work. Common incidents include needlestick injuries, physical attacks by patients and back injuries from patient handling. Slips, trips, and falls remain a significant concern, particularly in busy hospital environments where wet floors or obstacles can create hazards.

Psychological Injuries

Mental health impacts are increasingly recognised as legitimate grounds for psychological damage compensation claims. The high-pressure environment of healthcare work, particularly evident during recent health crises, can lead to:

Work-related stress and anxiety
Post-traumatic stress disorder (PTSD)
Depression from workplace pressures
Burnout from excessive workload

Occupational Diseases

Healthcare workers may also develop conditions directly related to their work environment, including:

Skin conditions from frequent hand washing
Respiratory issues from exposure to harmful substances
Musculoskeletal disorders from repetitive movements
Infectious diseases contracted during patient care

These injuries and conditions can significantly impact both your professional and personal life, potentially leading to lost income, medical expenses, and reduced quality of life. Understanding your rights and the available compensation options is essential for protecting your interests and ensuring proper support during recovery.

NHS Injury Allowance vs Compensation Claims

The NHS offers two distinct paths for injured workers seeking financial support, each serving different purposes and providing varying levels of coverage.

NHS Injury Allowance

The NHS Injury Allowance (IA) is an employer-based scheme designed to provide short-term support. While valuable, it has several limitations:

Coverage tops up earnings to only 85% during sick leave periods
Maximum payment duration is 12 months
Excludes agency workers, GP staff, and dental practitioners
Doesn’t compensate for long-term impacts or additional expenses

Personal Injury Claims

A personal injury claim offers more comprehensive compensation, covering:

Full loss of earnings, both past and future
Medical treatment and rehabilitation costs
Travel expenses related to medical care
Compensation for pain and suffering
Long-term care needs
Impact on pension and future earnings

Unlike the Injury Allowance, a compensation claim can provide support well beyond the initial recovery period, making it particularly valuable for those with serious or long-term injuries.

Making a Successful NHS Worker Claim

Successfully pursuing an NHS workplace injury claim requires careful attention to detail and proper documentation from the outset. Understanding the key requirements and following essential steps can significantly improve your chances of a successful outcome.

Essential Requirements

To establish a valid claim, you must demonstrate:

The incident occurred within the last three years
Your employer failed to meet their duty of care
This failure directly resulted in your injury
You suffered measurable losses or damages

Critical Steps for Success

Immediate Actions
- Report the incident through official NHS channels
- Ensure it’s recorded in the accident book
- Take photographs of the accident scene if possible
- Gather contact details of any witnesses
Medical Documentation
- Seek prompt medical attention
- Keep detailed records of all treatments
- Document any referrals or specialist consultations
- Maintain a diary of symptoms and their impact
Evidence Collection
- Save all relevant emails or communications
- Keep receipts for any injury-related expenses
- Document lost working hours and overtime
- Record any impact on daily activities
Professional Support
- Consult with our specialist personal injury solicitors
- Consider joining a relevant union if not already a member
- Maintain communication with occupational health
- Keep your line manager informed of your progress

Following these guidelines while maintaining detailed records of your injury and its impacts will create a strong foundation for your claim. Remember, the goal is not just to secure compensation but to ensure you receive appropriate support for your recovery and any ongoing needs.

Common Grounds for NHS Claims

The NHS, like any employer, has specific legal obligations to protect its workforce, and responsibilities following accidents. When these obligations aren’t met, it creates grounds for compensation claims.

Employer’s Legal Duties

The NHS must provide:

Safe and properly maintained equipment
Adequate training for all tasks
Appropriate personal protective equipment (PPE)
Regular risk assessments
Sufficient staffing levels
Safe working systems and procedures

Common Breaches Leading to Claims

Several recurring situations often form the basis of successful claims:

Inadequate manual handling training for patient transfers
Insufficient staff numbers leading to excessive workload
Faulty or poorly maintained medical equipment
Lack of proper PPE during infectious disease exposure
Unsafe workplace conditions (wet floors, poor lighting)
Failure to implement proper safety protocols

These breaches become particularly significant when they result in preventable injuries. For example, a nurse suffering a back injury due to inadequate lifting equipment or insufficient manual handling training has strong grounds for a claim.

No Win No Fee Legal Process and Support

The legal journey for NHS workplace injury claims follows a structured process designed to protect both employees and the healthcare system.

No Win No Fee Arrangements

Most NHS injury claims operate under Conditional Fee Agreements (No Win No Fee):

No upfront legal costs required
Legal fees only paid if the claim succeeds
Success fee capped at 25% of compensation
Insurance protection against defendant’s costs

The Claims Process Timeline

Initial Consultation
- Free case evaluation
- Assessment of claim validity
- Explanation of funding options
- Discussion of potential compensation
Case Building
- Gathering medical evidence
- Collecting witness statements
- Obtaining occupational health records
- Documenting financial losses
Claim Submission
- Formal letter of claim to NHS Resolution
- Three-month response period
- Negotiation phase begins
- Settlement discussions
Resolution
- Most cases settle without court proceedings
- Average resolution time: 12-18 months
- Option for court hearing if necessary
- Compensation payment arrangements

Support During the Process

Throughout your claim, you’ll receive regular case updates, guidance on medical assessments, support with paperwork and documentation, and access to rehabilitation services when needed.

This structured approach ensures your claim progresses efficiently while maximising your chances of a fair settlement. Remember, the process is designed to be as stress-free as possible, allowing you to focus on recovery while legal professionals handle your case.

Claim Statistics and Success Rates

Understanding the statistical landscape of NHS workplace injury claims provides valuable context for those considering legal action. Recent data reveals important trends and patterns in claim outcomes.

Latest NHS Claims Data

The 2023/34 NHS Resolution annual report shows:

Total number of employer liability claims: 13,784 in 2023/24
Average settlement value: £28,000 for non-clinical claims
Resolution timeframe: 81% settled within 18 months
Court proceedings: Only 19% require formal litigation

Common claim categories – the distribution of workplace injury claims:

Manual handling injuries: 40%
Slip and trip accidents: 25%
Equipment-related injuries: 15%
Needlestick injuries: 10%
Stress-related claims: 10%

These statistics demonstrate that while workplace injuries remain a concern, the claims process is well-established with a high rate of successful resolutions through negotiation rather than court proceedings.

Protecting Your Employment Rights

Many NHS employees worry about the potential impact of making a claim on their career. Understanding your employment rights is essential for making an informed decision about pursuing compensation.

Legal Protection

The law provides clear safeguards:

Protection against unfair dismissal
Right to pursue legitimate claims
Protection against discrimination
Right to union representation

Professional Considerations

To maintain professional standards during your claim:

Continue following workplace protocols
Maintain professional communication
Document any concerns about treatment
Keep union representatives informed

Remember, making a legitimate claim is your legal right, and exercising this right should not negatively impact your NHS career. The process is designed to ensure fair compensation while protecting your professional standing within the organisation.

Compensation Amounts and Calculations

Understanding how compensation is calculated helps set realistic expectations for your NHS workplace injury claim. Awards typically combine both general and special damages to ensure comprehensive coverage of all losses.

General Damages

These cover pain, suffering, and loss of amenity:

Minor back injuries: £7,410 to £11,730
Moderate psychiatric damage: £5,500 to £17,900
Serious shoulder injuries: £11,980 to £18,020
Carpal tunnel syndrome: £20,560 to £21,700
Complex PTSD: £56,180 to £94,470

Special Damages

Compensation for financial losses includes:

Lost earnings and overtime
Medical treatment costs
Travel expenses
Care and assistance
Future loss of earnings
Pension impact
Rehabilitation costs

The final compensation amount depends on various factors, including injury severity, recovery time, and long-term impact on your ability to work and quality of life.

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.

Frequently Asked Questions

239 questions have been answered on this subject - ask us your question

Comments & 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.