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

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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

  1. 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
  2. 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
  3. 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
  4. 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:

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):

The Claims Process Timeline

  1. Initial Consultation
    • Free case evaluation
    • Assessment of claim validity
    • Explanation of funding options
    • Discussion of potential compensation
  2. Case Building
    • Gathering medical evidence
    • Collecting witness statements
    • Obtaining occupational health records
    • Documenting financial losses
  3. Claim Submission
    • Formal letter of claim to NHS Resolution
    • Three-month response period
    • Negotiation phase begins
    • Settlement discussions
  4. 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:

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

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Comments & Questions

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

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

Ian Morris

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

Reply

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

Ian Morris

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

Reply

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

Ian Morris

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

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

Ian Morris

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

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

Ian Morris

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

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

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

Ian Morris

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

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

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

Ian Morris

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

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

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

Ian Morris

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

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

Reply

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

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

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

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

Ian Morris

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

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

Ian Morris

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

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

Reply

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

Ian Morris

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

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

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

Reply

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

Ian Morris

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

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

Reply

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

Ian Morris

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

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

Reply

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

Ian Morris

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

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

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

Ian Morris

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

Reply

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

Ian Morris

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

Reply

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

Ian Morris

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

Reply

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

Can you advise me if I can claim?

Ian Morris

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

Reply

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

Ian Morris

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

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

Reply

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

Ian Morris

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

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

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

Ian Morris

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

Gill

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

Ian Morris

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

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