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

  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...

Hi I work at the NHS and nearly 2 years ago they had contractors in building a new unit . There was a rush it seems to get the job finished and a very large wall unit was put on a stud wall with 4 wall plugs and it fell off the wall and landed on my face.
I have been talking through a claim with the RCN so I have lots of documents but they are saying the contractors will not pay my sick leave as they know I get sick leave from my work. So I have been offered 1600.
It’s not the money that’s so annoying, it’s the fact that if that had landed any where else on my head I could of been killed instantly. And I’ve never had a sorry from anyone. And I’ve worked there 17 years with an excellent record of service.
I am annoyed, I rushed back to work. But then again I am a nurse, that’s what we do.
I have reports to say they had made the mistake with putting a large cabinet on a stud wall and no cage was in place, but I feel annoyed my face was smashed up. I have the photos. And no one ever said sorry .

Ian Morris

It sounds as if you have not had a specialist independent personal injury Solicitor – such as those with whom we work at Direct2Compensation – managing your claim for you.

We would strongly suggest that you speak with one of our experts regarding your claim and the current situation, as it may well be that having the right Solicitor acting for you would see you receive a better outcome.

Reply

I’m a paramedic and whilst moving a patient with a broken leg down a flight of stairs using a tracked carry chair I placed my weight on my right knee and caused a torn medial meniscus. I had an arthroscopy which I paid for privately to repair the damage as the waiting list is in excess of 12 months. I have been off work for 6 months and I am on reduced pay and undertaking physio. I hope to return to work shortly.

Ian Morris

If there is any element of employer negligence that can be attached to how you sustained your injury at work, you will be able to recover your loss of income by way of making a claim for accident at work compensation. If your claim were to succeed, you would be able to recover compensation for the injuries sustained and also a special damages settlement to include any lost income and costs incurred.

We would very much like to get some more information from you so that we can get our specialist Solicitors to contact you to discuss your situation in greater depth.

Reply

Hi, I work for the NHS, slipped on wet floor, no sign there, and torn muscle in my knee, they have put me straight on sick, is that correct I went into work fit and healthy now I can’t walk?

Ian Morris

If you are not fit to work because of an injury in an accident at work and you are unsafe to be at work or your injury would be worsened by your work then your employer is correct in giving you absence from work. There is also no obligation on the employer to pay you your usual income whilst you are away from work due to injury – even if the injury was sustained at work as is the case for you.

However, as your injuries were sustained through slipping on a wet floor at your place of work where there was no hazard warning sign erected, it would appear that you have a good claim to be made for compensation against your employer. If successful with a claim for slipping accident compensation you would be able to claim compensation for the muscle injury and pain to your knee as well as recover any lost income or costs that you incur because of this injury.

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Hi, I work for the NHS and injured my back when a patient we took on a home visit fell against me and I had no option but to take his weight as no room to assist him to the floor. This happened in April 2017 and I am still on a graded return to work due to the pain. I have had a MRI and awaiting results.

Ian Morris

If your employer has not properly risk assessed the nature of the work required to take this patient on a home visit, or failed to provide the adequate level of assistance or equipment, you are likely to have good prospects of succeeding with a claim for personal injury compensation.

Any such claim would, if successful, enable you to claim compensation for the severity of the back injury sustained, but also enable you to recover any lost income or costs incurred as a result of your accident at work.

We are here to help and would like to discuss your accident with you further as you may well have a viable claim.

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I recently had a fall at work, I fell down down a couple of concrete steps that were poorly lit and was knocked unconscious for between 5 and 10 minutes leaving me concussed for about an hour before I could start recalling memories after the incident. The incident has left me in pain and discomfort for a few days with the need to take pain killers. I was moved to hospital for treatment, scans and x-Ray’s and administered pain relief. I do not work for the NHS but am based from NHS property. The area where my accident occurred is not maintained or very well lit, and from what people have said the condition of the area where I fell has been an ongoing issue for some time.

Ian Morris

You mention that people have told you that the area where you fell has been a known issue for some time and also that it is not well maintained. This makes us think that there is worth in pursuing this matter further.

At the moment you have anecdotal evidence from colleagues that could offer your claim strong support if that evidence could become more ‘substantiated’ by way of getting witness statements about any previous reporting of a hazard or lack of maintenance etc.

We would like to talk with you to find out more and offer assistance – we’ve had success with very similar sounding enquiries before and I think we should pursue this further.

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I had an accident at work due to a box being left in a dangerous hazardous place. I fell over the box onto my wrist. I was in a cast for three weeks, after an MRI found out that there was no break but a bad tendon injury. The problem has almost resolved but I still get pain which effects my work. I was off work for a total of 26 days but did receive pay. I have all evidence – incident report , occupational health reports, A&E ,orthopaedic consultant reports and physiotherapist reports. I am planning on leaving my place of employment, will this be a problem when claiming? I don’t want to have to go back there again! I have all the relevant paperwork. Is it possible to ask the average pay out for this type of injury?

Ian Morris

What I can say is that if you were to pursue a claim for compensation as a result of the injury you sustained when tripping over the box at work, I believe that you would have a good prospect of succeeding. If an item is to be left, it is not ok for an employer or colleague to leave it blocking a walk way or in an area that is a thoroughfare. If this does happen and a worker then trips as a result of the box/item, they have viable grounds to pursue a claim for compensation.

What I am not able to say is what kind of settlement figure you would be looking at getting as the way a claim is valued depends greatly on the severity of an injury, the length of time that the injury is present and whether or not there is a full or limited recovery. However, given the fact that you were forced to take 26 days away from work, wearing a cast for much of that and no doubt very limited with dexterity and use of the arm, you should expect a minimum settlement figure of £2,000 – probably much higher. You would also be entitled to claim back any lost income and other costs.

The fact that you are leaving this work is irrelevant to the claim, all you need to do is ensure that the details of the accident and cause of your fall (a box being left in a dangerous and hazardous place) is recorded within the employers accident book.

This is a claim we would love to pursue for you.

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Hi i work as a support worker HCA on a very busy ward in a hospital, in December last year a patient came out of a toilet with a walking frame, the patient’s leg gave way and the patient pulled my arm to save her and i fell to the floor pulling my back. I was in a lot of pain and went to A/E they informed me I damaged the soft tissue in the bottom of my back. I was only off 2 Days but I am suffering daily in my job, I am on shorts shifts now instead of 13 hour shifts, could I make a claim?
Thank you

Ian Morris

I am very sorry to hear about your injury.

Given the extent of the damage done to you and your earning capabilities, I suggest that we get one of our specialist solicitors to pursue this matter for you. If you would like us to take this further, call us on 01225430285.

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Hi, I work in the NHS, I went to a next section to get something for one of the patient I’m looking after, on the way back i went through a different exit where i slipped on the the floor only to realise that the floor was had been wiped by the domestic person but there was no yellow hazard sign to indicate the floor was wet, I injured my back, groin and the back of my leg, it’s all been recorded. Can I make a claim? I told one of my colleague what had happened and she told me I won’t get any compensation because I wasn’t wearing the correct shoe, is that true? Because those are the only shoe I feel comfortable in due to bunions on my feet and i do really long hours.
I went to the Accident and Emergency the same day and I couldn’t finish my shift for the day, I also went to my GP the following morning because I’m in so much pain, I got 2 weeks off from work.
Please let me know what my chances are if i put a claim in.
Thank you.

Ian Morris

Karen

Hi, as you know we have spoken and I am pleased to confirm that our Solicitors wish to run your claim for you. Therefore, it is fair to say that you have very realistic prospects of succeeding with your claim after this accident.

Yours sincerely

Ian

Reply

Hello. I work for nhs in London, staff nurse with permanent contract, I had a fall while I was working. The floor was wet, I don’t know why or how, I slept on it, ended with a kneecap fracture. Now I’m at the hospital, the same one where I use to work. I had surgery yesterday. Is there a case for a claim and if yes, how should I proceed? Thanks.

Ian Morris

Viviana

Hi, I am pleased that you commented on this article as well as making a contact enquiry on our website. This has enabled us to speak with you to get your claim started and to arrange for one of our specialist solicitors to contact you.

We believe that you certainly have grounds for a claim to be investigated and we wish you the speediest of recoveries and the best of luck with your claim going forward.

Yours sincerely

Ian Morris

Reply

I work for nhs, I recently slipped on a wet floor which lead me to A&E, there was a wet sign caution but was quite far from where I slipped. initially been suffering from back pain which has been improving since that incident. I couldn’t go to work and been referRed to hospital for a scan after have explained my worries to my GP. Does this claim sounds progressive at all?

Ian Morris

Although there was a hazard warning sign erected when you slipped on a wet floor, this does not mean that you cannot pursue a claim for compensation.
You state that the sign was far from where you slipped and with this in mind, it could be argued that the sign was not relevant or not clearly visible. We would be more than happy to investigate your claim for you and pass this to one of our specialist solicitors with a view to claiming compensation to cover the injury you have sustained and any losses you have incurred.

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I worked for nhs as cleaner until I became a supervisor, when I worked has a cleaner I had a accident on the ward I was a signed to. I was ask to clean some spill up in a very small cupboard where they kept dialysis equipment, one of them had been leaking very badly, i ask the nurses 3 times what it was has. I had liquid in my water, they told me it was just water so I start to clean it up I then realised it wasn’t just water. I couldn’t breathe, my eyes was running with water. I was coughing and couldn’t stop plus sneezing. I went to hospital and my stats was well below what it should of been. It went in the accident book on the ward and also in the riddor book. I had a week off work, now I have breathing problems which I did not have before then. We were not given mask or googles for this kind of thing, we did not have them for any liquids at all. I do know about c.o.s.h, this happen a few years ago, please could you tell me if I’m entitled to anything?

Ian Morris

I believe that you have a very viable claim for personal injury compensation as it would seem clear that your employer (the NHS) has been negligent towards your health and safety by failing to advise you of a substance that would be hazardous to health. I would be of the view that your employer has breached the COSHH responsibilities and exposed you to a dangerous/toxic substance.

The most important issue that we need to confirm for now is that the incident happened within the last 3 years. If so, we would gladly pursue an accident at work compensation claim for you.

Reply

I am a young nurse and injured myself at work.
I was already complaining of back issues to my manager who referred me to occupational health as a result.
Meanwhile one day at work I was assisting an elderly patient on my own to the toilet. I immediately felt something was wrong. I struggled to walk home that day and after a few visits to occupational health and the physiotherapist. I was referred to have an MRI where it was discovered I had a rupture on my disc, the specialist consultant stated it was probably exacerbated due to work. I was unable to attend work for about 3 months due to pain, discomfort and struggling to walk. I was paid my normally salary for those 2 months however I was then told that they overpaid me and the HR department decided to take all the accrued annual leave I have for those 3 months to help to reduce the overpayment. I had a quick conversation with the HR department and my manager about the issue prior to the deduction, where I suggested not minding taking some of my annual leave to settle the debt but not all of it. This was a casual conversation, no paperwork or proper documentation was given to me in written at all. I am due to return to work and I have already been advised by mine physio that I may have to reduce my hours altogether. I was wondering if I have a strong claim on the grounds above, due to reduced hours of work and everything else mentioned above?

Ian Morris

Given what you have said, it is certainly worth us making further investigations in to your situation and how your employer handled your back problem as there may well be a viable claim for accident at work and loss of income compensation. We certainly need further details and would be happy to help you with this claim.

I look forward to hearing from you.

Reply
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