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 - ask us your question

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 - 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.