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 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.

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.

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 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.

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.

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.

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.