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...

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.