Care Worker Injury Compensation Claims

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If you are a care worker, healthcare assistant, or work in a supporting role with vulnerable people, you may be able to claim compensation if you are injured whilst at work. At Direct2Compensation we are seeing a growing number of enquiries from the care industry. Typical claims involve soft tissue injuries, such as back injuries. Often an employer will be liable for such injuries if they have failed to provide adequate training, sufficient risk assessments or the correct equipment.

Table of contents

Common types of care worker injury

Given the often physical and demanding nature of the job, care workers often run a higher risk of injury than average.

Typical injuries sustained by care workers:

Common accidents leading to injury:

Any injury sustained by an employee at work may allow a claim for compensation to be made. To find out whether or not you have a valid care worker claim, read on for more information and then contact us to discuss the specifics of your situation.

What training should a care worker expect to receive?

Employers who are instructing people to provide care and support for people who are immobile or in need of assistance, have themselves a duty of care to ensure staff are adequately trained to work safely and that the risk of injury at work is minimised.

Whether in residential homes or the community, staff should expect to receive guidance in how to identify risks to health, be provided with manual handling training and advised how to lift and move their patient safely.

Lifting

Care workers should be advised as to the maximum weight limit that they should expect to lift manually, and be provided with lifting equipment such as hoists (and trained in how to use them) for any weight that exceeds safe limits.

Risk assessments

They should also be working to a strict risk assessment for each person they provide care for. The risk assessment should be carried out by the employer and should clearly state whether the work is safe for one carer, or if two are required. The risk assessment should also list what, if any, lifting equipment or tools are needed to enable safe working.

Violent patients

Any care worker who is likely to be providing care to people who are known to be aggressive or violent should expect the employer to have undertaken appropriate risk assessments of the nature of the person requiring care.

Staff placed at risk should have received MVA training (management of violence and aggression) in how to safely restrain patients, and policies and procedures should be in place for handling such incidents. It is also important that the employer ensures adequate staffing levels are maintained so that care workers are not exposed to the risk of an assault that could otherwise be avoided.

Do you have a valid compensation claim?

If you were injured whilst at work as a result of employer negligence or the negligence of a colleague, you may seek to make a claim for compensation.

This would include if your employer has ignored a risk assessment, failed to ensure that you were adequately staffed or not provided proper working or the correct lifting equipment.

Likewise, if you are injured by way of an assault whilst providing care work, you could well be eligible to claim.

If successful, you can claim compensation for the injuries sustained – the value of which will be reached on the basis of medical evidence, and also recover any loss of income caused by the injuries through the special damages element of your claim.

What a care worker should do after an injury at work

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.

If you haven’t already reported the injury, or your employer won’t let you record it in the accident book, don’t worry, we can help you to do so.

You should also seek medical attention at an Accident & Emergency department, from your GP or NHS walk-in-clinic.

If you need any advice or help with this, please call us on 01225 430285.

How Direct2Compensation can help you

At Direct2Compensation we have an expert understanding of your rights after an accident at work. Our staff will be able to identify whether your injuries whilst providing care will enable you to pursue a claim for compensation against your employer.

We work with leading specialist solicitors who have a proven track record of success with claims from those providing care services. They will ensure that your claim is afforded the maximum possibility of success and that any agreed settlement will appropriately compensate you for the level of injury sustained.

We use expert medical professionals to write detailed reports that will be used to ensure that the injury element of your claim is fully appreciated and appropriately valued. We’ll also ensure that any lost income or costs caused by the injuries sustained (including future loss of income) will be recovered for you.

Direct2Compensation offer a simple and easy to understand personal injury compensation claims process and all of our solicitors work on a fully No Win No Fee basis.

How to start your claim

With Direct2Compensation, starting your claim for compensation or finding out more about your rights after an accident at work couldn’t be easier. If you’re wondering about your situation, feel free to leave a question at the bottom of this article or call us on 01225 430285, or if you prefer, we can call you back.

We’ll only need a few minutes of your time in the first instance in order to get the initial information needed to enable our specialist solicitors to discuss your specific situation with you in more detail.

57 questions have been answered below, why not ask your own?

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  1. I am a carer in a private family home lookig after a lady. I’m employed by a company who manage the care of the said lady. I have had a fa’ll over the family dog. I have broken my shoulder in 2 places so am unable to work. I have a zero hours based contract but have worked at this family home since 2014 full time.

    • Has the employer who placed you at the location carried out a risk assessment of the workplace? Was the dog considered within that risk assessment?

  2. I am 24 weeks pregnant. I work as a care coordinator and my usual hours are based in a office, However my contract states that if we are short of care staff I would need to help with care work. I suffer from sciatica and lower back pain which my employer are aware of, they kindly provided me with a cushion. I have had time off due to my back pain and in both my back to work meetings and risk assessments I made mention that I am worried about doing care work as it will affect my back. Last week I was out oh care calls as we were short of Carers, I started my day at 5am and ended at 5pm. I emailed my employer at 13.00 to let them know that I have tried my best to manage however I have really strained my back and I am in pain I got no response from them and continued working as a result my back is even more injured as I applied too much pressure on it. Will I be able to sue my company ?

  3. I had an accident at work whilst doing my community care job. It was a new client, the assessment was made on a saturday afternoon and i was told to go there at her teatime call, on arrival the assessor was leaving. Everything went fine on the saturday teatime and bedtime call, went back to do the same routine on sunday, as i went back sunday bedtime call, the client was already upstairs in her bedroom. Went upstairs, no light was required as still light so I could see clearly. When leaving the bedroom to come downstairs the light switches would not turn any lights on, missed a step and ripped a tendon. Without any knowledge to me the 2 switches upstairs, one outside bedroom door and one on landing work as one, whichever one is turned off 1st thats the one that should be turned on. This was not noted in the risk assessment. Where do I stand on this?

    • If the employer knew about the lighting issue and the need to ensure that the switches were set correctly so that any employee upstairs would be able to switch on the light to descend the stairs, then there is likely to be a claim.

  4. I’m a care Assistant in a care home and was sliding a resident up the bed but the slide sheet is too small for the resident and ended up with muscle damage in my back I filled in a accident form and no manager has contacted me in anyway I’m on extremely strong painkillers and I have tried to contact my employer and still
    No one has contacted me I have pictures to prove the equipment is too small for that person and also proof of the accident form that has been filled in with the time and date of when I filled it out straight after my back injury

    • Our initial view on this is that you would have a valid claim for compensation in this matter. Given the inadequate equipment (slide sheet that does not fit the patient need) that your employer has provided, it is likely that you could establish employer negligence. If so, you would succeed with a claim in this matter.

      If successful with your claim, you would be able to obtain a settlement for the injury you have sustained, recover any loss of income or incurred costs and also obtain the cost of appropriate rehabilitation therapies in order to assist your recovery.

      You can use our ‘start a claim’ service on our website to pursue your legal right and make a claim for compensation.

  5. My son has sustained a Scaphoid fracture to his right wrist, whilst attempting to hold and restrain an aggressive/violent patient whom is detained under the mental health act. He of course is suitably qualified in proven control and restraint techniques by M.A.Y.B.O and has handled many similar situations previous to this incident without sustaining harm or injury. However on this particular occasion himself and another male provided by an “agency” were to nurse the patient 2:1 for the duration of a night shift.
    Unfortunately unbeknown to my son, the agency care worker WAS NOT suitably trained/qualified in managing such violence and aggression and upon said incident occuring, instead of providing support and back up, he merely stood back in shock. Meaning, that until a third member of staff was on scene, my son was single handedly attempting to deal with the situation. Upon arrival of third staff member (alarm alerted response nurse) the patient turned his attack to her, she then obviously aware of agency workers lack of training, grabbed him and shielding with her body removed him and herself from the room, closing the door and momentarily left my son alone in the room with said patient. Upon her re-entering the room, she and my son took said patient to the floor but due to patients extreme resistance and an obvious lack of trained help to support this technique, my son sustained his injury.
    Work have confirmed 6 weeks full pay is about the most he will receive, following which only Statutory Sick pay.
    Furthermore he is bang in the middle of learning to drive and also has a fishing holiday booked up commencing in 10 days time. Both of which will be adversely affected by the wrist injury sustained.
    Can you please advise?

    • The fact that the employer has allowed an unqualified or untrained person to work with your Son without advising him of a possible issue could be seen as employer negligence. Whether or not your Son has a valid claim for work accident compensation will depend on the fine details of the incident and whether it was the lack of training on the part of your Son’s colleague that directly lead to his injury. However, my initial view is that there is sufficient in your description of the incident to warrant pursuing a claim for compensation against the employers for the injuries sustained in this incident. Employers have a duty of care to ensure that no staff are placed at an undue risk of injury and in failing to provide correctly trained staff, there is an argument that the employer has failed in their duty here. If successful with his claim, your Son could also recover any lost income he may incur as well as any costs he faces as a result of the injury.

      If he would like to take this further, he should call us on 01225430285 or use our ‘start your claim’ page so that we can get the claims process started.

  6. I lift a CP patient who is unable to bare weight on her own. I was trained, in her specific case, to lift her as she has her arms around my neck, essentially hanging from my kneck. I do this abut 6 to 8 times per bathroom need, because her body brace comes off and back on each use, and in other situations. I started having kneck pain and non stop migrains. After calling in many times and 2 weeks of unbearable headaches I called in and went to the hospital. At the hospital the Dr. Told me I was lifting wrong, no one should lift people this way. She believes pain is due to this causing spasams. She tells me to take the remainder of my 2 days off but if not okay by then call in, absolutely no lifting people this way, without machines, and gives me a missed work excuse. I notified work of everything and told them I would only be able to use a lift making me unable to do some things for patient. They understood. My first day back with client, the prior caregiver did not show up to lift her, like we’re not supposed to, to dress her, put brace on, etc before mt arrival. Work was informed and told me I would need to. This is impossible to do correctly with the lift, and come to find out so is putting on her brace she needs. For 9 hours I lifted her over 20 times. I reminded work this was not good, and pain was back to getting worst again. The next day I called in to second shift due to horrible pain because of day before shift. They argued with me and asked for my Dr.s no lift order. It’s a No lift rule! I’ll go back and get specific letter from Dr. In the meantime, if I don’t get fired, I’m losing money, in too much pain to do much, and stressed. Any help, advice, or knowledge to whether my work was in the wrong???

    • Whether or not you have been trained to lift this patient safely, you have clearly suffered an injury through this work and have been told by a Doctor to stop the lifting.

      There may well be an argument against your employer in that they have not provided a hoist or lifting machinery and therefore placed you at risk of injury. Whilst more investigation work needs to be done, my initial view is that you should contact us so that we can discuss your situation in more detail and get you in touch with our specialist Solicitors about your claim.

  7. I work in a care home on the dementia unit, we have a resident that nine times out of ten throws his meals and juice on the floor, he has done this for a considerable length of time and all the staff have said someone is going to slip one day because we have residents that walk around the dining room, but nothing was ever done about this. At teatime this resident had ate his tea and drank his juice and not threw them so I went to the table to gather the pots I slipped and fell on my left hip and hand ( the resident had got someone elses juice and flung it on the floor) a co-worker helped me off the floor and I went to ask the manageress for an accident form, she asked why and I told her I had slipped in the dining room she told me to get my senior to fill the form in, as it was a computer form (we do not have an accident book)she did not ask if I was hurt. I tried for 4 days to get the senior to fill in an accident form with no joy, I eventually went in on my day off and got another senior to do it. I was bruised on the hip , my wrist hurt and my small finger and the finger next to it felt like pins and needles. I went to the urgent care unit and was told that I had probably stunned the nerve in my wrist which was causing the pins and needles, and it should ease off, it has been 5 weeks since the accident and my fingers still have pins and needles and i am unable to lift anything without pain in my wrist. I am still getting pain in my hip which is affecting my sleep. I now have an appointment to see my doctor because of this. I have remained at work because they are short staffed but have avoided lifting as much as possible, My manageress has never enquired about the accident or my injury even when I went to the urgent care unit, she was not pleased that I had to leave work to go. the resident still sits in the dining room flinging food and drinks and no risk assessments have been done or any other action taken. It is like the accident never happened.

    • You may well have a valid claim for compensation and we would advise that you use our start a claim form so that we can contact you to further discuss this matter. It could be that your slip on a wet floor at work could lead to a successful claim for compensation so why not get in touch with us by phone (01225430285) to further discuss your options?

  8. Hi
    I work for a private sector , which is known as an agency worker . I am a carer who was assisting a patient into bed . I didn’t know that the patient bedside has sharp edges , while guiding the her leg into her bed with my colleagues. I hit my knee against the bedside that has sharp edges . Which led to knee dislocation .My employer said I am not eligible for sick pay . Been on crutches for two months now . Difficult to walk without. What do I do now ?

    • Were the details of your accident at work recorded with your employer in an accident book? The fact that you are an agency worker is irrelevant in that you have the same rights as any permanently employed person.

      Whether or not you have a valid claim for accident at work compensation is something I couldn’t answer at this time as we would need to speak with you to find out more about what happened and how your injury was sustained to see whether it is possible to attach employer negligence in this matter.

  9. my 20 yr old daughter works full time at a skilled care center. she recently filed a “incident” report due to injuring her back & neck from assisting a resident that was too heavy. I believe the company she works for is paying for her chiropractor appts, & she is able to go back to work with restrictions, but the cut her hourly pay to almost nothing since she cant do what she normally does for awhile. can they get away with that? and who do we contact for help on this. she has bills. she cant live on what they cut her down to!

    • The situation you describe is sadly quite common, where employees are left with an income drop or loss of wages after an accident at work. In the situation you describe, the only way your daughter will be able to recover the lost/cut income would be by succeeding with a claim for personal injury compensation against the employer, which is something that we are experts at.

      If your daughters neck injury was caused by a lack of training, or inadequate risk assessments then employer liability would attach and her claim would likely succeed. Given that the employer is paying for chiropractic treatments, it is an indicator that they are accepting liability. We could help her claim compensation and recover her lost income.

  10. I work privately for a lady in a two carer placement. Both carers have had manual handling training. After the client fell and had a hip replacement the Occupational Therapist came and carried out a risk assessment. Her finding were that the client was unable to weight bear and all transfers were to be done using an electric stand aid. As her bathroom is very small the equipment was not able to get in. The family suggested we manually lift the client to pull up her clothing and that as the client is able to help a bit by holding onto the radiator and arm rest of the commode, it won’t be that difficult. After doing it that way, I hurt my back, so I suggested we take the client into her bedroom and use the stand aid to do the necessary pulling up of clothes. The family said that wasn’t necessary and that as I had mentioned previously I did have recurring back problems they didn’t think it was the manual lifting that caused the injury. The other carer has sided with the family and insists we continue doing the manual lift in the bathroom. If I come down with another injury do I have a case? Also will the clients insurance company not accept liability because the finding on the risk assessment were not adhered to?
    Thank you

    • Given your explanation of your situation, we think that it is worthwhile speaking with you so that we can gather some additional information and then pass your enquiry to one of our specialist back injury at work Solicitors.

      Although you may have had a pre-existing back problem, it does not mean that you wouldn’t be able to claim for the damage done in your recent work if it is possible to attach liability to the employer as you can claim exacerbation of a pre-existing injury. In this instance, it would appear that the employer (the lady’s family) have been negligent in refusing to allow you to follow the guidance and working requirements set out by the Occupational Therapist.

  11. I work in an Early Learning Provision for young children with Autism. Last June a child climbed in my back, with their arms around my neck. A colleague helped me remove the child, as we were doing so the child’s finger nail scratched my eye. This resulted in a trip to Moorfields Hospital A&E department.
    A procedure was carried out in A&E on my injured eye. Since then I am still under the care of Moorfields eye hospital, wearing a bandage, contact lens for many months & now there’s a high possibility that I will require laser eye surgery.

    I applied to the government compensation board when you are hurt at work. They disabled me at 7%, however you need to be disabled 14% to be entitled to a claim. I’m not sure as to what to do next. My costs of monthly hospital visits/prescriptions is mounting.

    If you could advise I’d be really grateful as this is 10 months of affecting my general well-being along with anxiety of when this nightmare will end.

    Kind Regards

    Sharon

    • Injuries to the eye area are a serious matter and commonly cause much distress, anxiety and upset. Given how your accident at work is impacting on your well-being and day-to-day living, it is understandable that you are keen to investigate whether or not you can make a claim for accident at work compensation.

      We think it would be a good idea for you to speak with us regarding your accident at work so that we can take some further details from you and present this to our specialist eye injury at work Solicitors. They would then be able to ascertain whether or not you can pursue a claim against your employer for the injury to your eye and the costs that you have incurred.

      Why not send us your details and a description of your situation. We can then call you and help you further investigate your rights to a possible claim for compensation.

  12. I was working in a care home. Someone wedged a firedoor open with a fork…I tripped on fork and smashed head on door and it had a metal door code and lock on it. My head hit it with full force. I have post concussion syndrome will I be able to claim my loss of earnings from the company…..I lost my balance ..speach was slured for nearly 3 weeks I have severe headaches i have had scans and am now waiting on mri scan. Do I have a case?

    • Yes, you have a valid claim for accident at work compensation and you should contact us immediately. We’d take a few initial details from you during our first call and then arrange for a specialist Solicitor to contact you to confirm things and explain the claims process before entering in to a No Win No Fee claim for compensation. If successful, you could claim compensation for the injuries you have sustained – physical and psychological, both of which are common after a head injury at work – as well as recovering any lost income and expenses.

  13. I sustained an injury at work whilst stabilising a patient (fall prevention) – I’m a health care support worker in a very busy and demanding ward that deals with stroke and dementia patients as well as others. The ward is one step down from ICU. The ward on this particular day was understaffed with just myself and one other hscw on the ward (who hadn’t completed their ‘skill to care’ framework, which is essential for hcsw in Wales as the health board are now taking a different approach to employment for hcsw’s here.

    My injury happened at the latter end of the shift when there was mayhem going on all around, such as visitors being in the ward, patient turns being needed along with many other tasks. A patient decided that they were going to go for a walk and at this point I was the only hcsw on the ward and as the nurse’s were doing medication rounds and dealing with medication and patient’s families, they couldn’t help. This particular patient needed 2-1 support for walking with a zimmer frame. We were by the nursing station when the patient started to lose balance and would have fallen. I stabilised the patient and they then leaned into me almost sending us both to the floor, but I used my hand against the nursing station to prevent us from falling to the floor, but I felt a twinge in my lower. Althought it hurt, I shrugged it off as I normally do and carried on finishing my work. By the end of the shift, I was in a great deal of pain and painkillers were not helping. I struggled to drive the 26 miles home that forms my daily commute.

    Once home, I struggled to walk around and couldn’t get out of the bath without help. Since the injury I haven’t been able to walk without walking aids and I’m in a constant great deal of pain all the time I am on a great deal of medication to help but I haven’t been able to sleep properly it is affecting my mood as I’m snappy all the time. I have been referred for an urgent MRI of my lower spine as my GP thinks there is significant damage to my L5 as I have weakness to my right leg as well as numbness and my hip constantly feels like its going to pop out of place. What are my options? (Ps, I am not the only health care worker to sustain a back injury on this ward. Indeed, in recent months, I am now the 5th hcsw to get an injury on this ward. Regards Jamie)

    • It sounds as if there needs to be some changes made to your workplace given the number of HCSW’s to be injured in recent months. We think the details you have described here with regards to your back injury at work should be put to our specialist Solicitors for further expert consideration. We can’t of course, guarantee that we can pursue any claim to a successful conclusion, but we can and do guarantee that our No Win No Fee service enables you to pursue this matter with us, safe in the knowledge that if your claim does not succeed, that you do not have to pay any costs to any party whatsoever. In your case, the employer will have questions to answer about staffing numbers, what training you have had and whether the correct risk assessments were in place at the time of your injury.

      Given the nature and severity of your injury, it would seem wise to further investigate the prospects of us making a claim for compensation for you. Therefore, we invite you to either call us on 01225430285 or use our ‘start a claim’ function to submit your details to us. We can then call you and have a brief chat to obtain a few more details and pass this to one of our specialist Solicitors so that your claim can be considered further.

  14. Having worked in Children with disabilities,care homes for nearly 30 years, there have been many changes to moving and handling, not all of them good ones. I have attended several Moving and Handling Courses over the years, but have found that much of the practices were impossible to put into practice, due to the nature of the child’s physical disability, the inadequate equipment provided and the limited space we had to work in. The worst thing was the manual hydrolic hoist, that we HAD TO USE, or face disciplinary action. The effort and physical strain to use this piece of equipment caused more strain and difficulties than an effective 2 person lift, or even a 1 person lift with a small child. Things improved over the years, but still problems persist, when staff are told they must undertake tasks they clearly shouldn’t be undertaking, and even risk assessed not to. Due to unreasonable expectations from line managers over the years, I have now experienced various serious back problems. Sacroilitis (2015) Slipped Disk (2017) and now another as yet undiagnosed issue, which began after I was allocated a large area to clean and personal care of a child which involved bending, stooping and stretching, whilst being mindful of not getting too close to the child which could result in him becoming distressed and then aggressive. The next night I refused to undertake the cleaning duties allocated, as my back muscle where beginning to spasm, but by the next afternoon, I was in considerable back pain. Please be aware, that my employer is providing 4 physiotherapy session for me, as three weeks ago, I began to experience back muscle spasm whilst stretching or bending or carrying at work. It appears that my different managers in my present employment have different levels awareness staff and their potential health issues,. I don’t feel that my present employment has caused the issues, though they have certainly aggravate it.
    Initially I worked for one County Council and now I work for a neighbouring Council, though I have continuous service between the two. Firstly, do I have a claim? and secondly, is it feasable to make a claim that may involve two liabilities? I left permanent employment with the first council in 2009, though I have held since and presently hold a Casual Contract with this County Council. I have worked for the 2nd Council since 2012.

    • The provision of manual handling training is a statutory duty for employers and in doing so, the employer should be ensuring that the risks of injury to those performing manual lifting and moving, such as is the work needed in caring for disabled children, is minimised. However, simply providing training does not in and of itself absolve an employer of any responsibilities should an injury then happen to one of their staff. Indeed, alongside training, it is vital that an employer ensures that the working environment allows one to work in accordance with the training and they must also ensure that there is sufficient working area and equipment to enable safe lifting.

      In the scenario you describe, there could be some issues that would open you to the possibility of making a claim against your former employers. However, before we can state firmly as to whether or not you can proceed with a claim, we will need to get some further details from you and arrange for you to speak with one of our expert specialist back injury at work Solicitors. They will be able to provide you with a properly qualified legal view as to your prospects of succeeding should you pursue this further.

  15. Hi Ian,

    I am a live-in carer and two years ago I herniated a disc in my lower back whilst reaching down for a plug on floor level. I took a month off work and received statutory sick pay for it. A few weeks ago I was helping my patient and once again hurt my back in the same place. I have been booked off again on sick leave.

    The job is physically strenuous with a lot of bending and reaching, however the company I work for does put all the carers they employ through manual handling training.

    I am worried about returning to work as my back is continuing to be problematic and painful so as a result I am not sure if I am capable of continuing with this job. Please could you advise if I should try to make a claim here.

    • We would be happy to link you to one of our specialist Solicitors so that they could discuss your situation with you. It does appear on first view that your employer has fulfilled their statutory duties by providing manual handling training, but it could be that the nature of the work you are required to do and the working space provided makes it impossible or difficult for you to work in accordance with the training you were given. In such cases, a successful claim may follow. This is however, unusual and it may not be the case here.

      That said, given the nature of your injuries and possible long term problems associated with them such as an inability to work for a period, we think it is worthwhile speaking with one of our Solicitors.

  16. I ended up with Torticollis back in 2015 following an accident working in a care home. The home didn’t provide any training but also nothing was recorded in the accident book. Following this I was off of work for over 2 months but in total was 4 months until I was back at work with a new employer. Would the length of time and lack of accident reporting mean I would be unsuccessful.

    • Whilst the lack of an accident book record with your former employer is not ideal, it should stop you from at least trying to pursue this matter further as it certainly sounds like your previous employer was negligent towards your health and safety by failing to provide you with the correct training. However, you are up against it with regards to the time that has elapsed between the accident and trying to claim as you have a maximum period of 3-years from the date of an injury in which you can make a claim. Therefore, you may well be running out of time to pursue this claim.

      Please email your contact details to us at justice@direct2compensation.co.uk and we’ll call you to find out more and help you.

  17. I started work as a private carer 6 months ago. Now I developed a lump on my left wrist and this is causing me severe pain from my wrist down in to my thumb and fingers. As of yet, the pain will not go even though I have been to see my Doctor. They have prescribed me strong Ibuprofen gels to use and paracetamol to ease the pain, but it doesn’t seem to be helping.

    At work, I have to push a 13 stone gentleman everyday in his manual wheelchair as well as help him move in to and out of the chair. I am now in constant agony, especially when at work as I need use of my left hand to care for him.

    I don’t know what I can do as I can’t rest the injury as I have to work in order to pay my bills and the cost of living. I have never had any such trouble in my life before with my wrist and these symptoms have only developed since I started this job. I am so worried now thinking what to do as the pain it unbearable. For example, I can’t even hold my phone for long as doing so causes me to get a burning pain in my wrist. I worry that my ability to use my hand is reducing.

    I love my job so much and I am so worried that I could lose the job if I make a claim. I do however know that this injury and the pain is 100% caused by this work.

    • It certainly sounds as if your injury is that of a repetitive strain related nature. You have cited a possible cause as being the fact that you have to manually push the gentlemen that you provide care for in a manual wheelchair and this is certainly a possible reason for such symptoms.

      You may be able to make a claim for compensation against your employer, but to succeed you will need to demonstrate that they have been negligent towards your health and safety by failing to provide adequate training, support and equipment to perform your duties safely. The lack of a powered chair could be one area where you could demonstrate such negligence. Have you ever asked your employer for assistance or for additional equipment that would reduce the strain on you physically and allow you to work safely?

      I suggest that you should contact us so that we can have a chat about your working environment, your training and the employer. We would then be able to offer more specific advice as to whether or not you have a valid claim.

  18. I work as an activity based care worker. We regularly take out children on various activities. One of my colleagues had to take 4 weeks off work after she was injured during one of these activities. The injury was purely an accident and no one was really to blame. The company paid her nothing but ssp which is a lot less than our normal wage. As the accident was done at work doing an activity she had been told to do, is she liable for compensation?

    • Unfortunately, simply being injured in an accident at work or as a result of an incident whilst at work does not give the injured worker any right to claim compensation from their employer.

      As with all claims for personal injury compensation, to succeed with a claim, the claimant must demonstrate that their employer has been negligent and failed their obligations towards their employees health and safety whilst at work. You mention that the incident in which your colleague was injured was purely an accident. If this was the case, then sadly it is unlikely that she will be able to make any claim for accident at work compensation.

      It would be wise for your colleague to contact us directly in order that we can chat through the incident in which she was injured with her. We may find that on speaking with her and finding out more about what she was doing and how she was injured that there could be an area of negligence that we could identify that may enable her to pursue a claim for compensation.

  19. I hurt my back at work whilst attending to a residents personal care. I did what I could on the bed, the bed was at a comfortable level for me. The resident managed to move a little and began lowering his legs off the bed. I knelt on the floor to help him put his trousers on when I felt a sudden pain and my back hurt. The nurse and a colleague helped me into a wheelchair as I couldn’t move properly and then the nurse put an ice pack on me but the pain was awful and unbearable.

    The next day I was still in awful pain and attended the urgent care clinic. I was prescribed medication and advised that muscles in my back had gone into spasm. I was off work for 3 weeks because of the injury. I am now having to attend physiotherapy and continue to take medication because of this injury.

    I have never had a return to work interview and now have to wear a support belt to help support my back whilst at work in a bid to make sure that this doesn’t happen again.

    Do I have a claim?

  20. Ive been working as a careaid for this carehome im currently employed. I work with autistic kids with mental behaviors. Its a crisis carehome where combative and aggressive clients live at. For all i know its suppose to be 1 on 1 with this kind of clients and we have 3 while theres only 2 staff. I had an injury recently when one of the clients had an episode and charged me with a chair and dislocated my shoulder twice. My coworker handle 2 clients while i dealt with the one that was so combative. My supervisor told me to go urgent care but i went to er instead. They ddnt see any dislocation because at the time of the incident, i tried to put back my dislocated shoulder because of pain and i cant go to the hospital and wait 2.5 hours to be seen or checked. The doc put me on modified work and 0 lbs lift restriction. My supervisor asked me to do paperworks and meds instead. But this sat, im with the same client who attacked me again and who knows what or when hes gnna strike again because of his mental problem. Though my supervisor is here, she cant help me with anything towards the client and the other staff that is working with me is working with 2 combative and unstable clients now because im injured and cant help him at all. She didnt even payed me for leave to rest or anything and she acts like nothing happened at all. Please help me

    • In the UK, your employer will be liable if they have failed to provide the correct level of staffing and therefore exposed you to an undue risk of injury. Whether or not you can succeed with a claim for compensation here will depend on whether or not your employer has been negligent in that regard. You need to find out whether or not there is a requirement for 1-2-1 staff to client ratios and whether there had been a risk assessment in place to cover the client in question. If so, did the employer adhere to their own specified requirements?

  21. Hello
    I am a live in carer to a severely overweight disabled elderly man and his wife. I have been at this job for almost 2 years. I have mainly been the sole employee and have been required to lift these people off of the floor, out of bed, into chairs etc without the correct equipment. I have never had any manual handling training and have recently felt immense pain in my back and legs. I have been denied help when I have asked for it, in terms of another carer and have simply had to get on with it. The fact that my home is tied accommodation makes things more difficult. I do not feel as though I can go on with this job and feel the damage and pain to my back is a direct result of the poor practise I have been expected to do. Do I have a claim?
    Thank you

    • Samuel

      Thank you for using the ‘ask a question’ facility that we have on our website. We have found that it has been really helpful to people considering their options with regards to a personal injury claim as many people find themselves in situations like yours – where they don’t know if they have a viable claim for compensation.

      In your circumstances, on the basis of your description of the situation, I would say that your employer has been negligent towards your health and safety whilst at work. It would seem that you have placed your employer on notice of issues such as a lack of training, support or equipment.

      We often find that people working in the care sector suffer injuries to their backs as a result of the heavy manual work that they are required to do to fulfill their duties. I would argue that in your role, you should have lifting hoists in place and that the employers failure to provide the same could leave them liable for your injuries. With regards to the additional staffing request that was ignored or refused, whether or not the employer has made an error here would come down to the risk assessments that have been carried out ahead of your being appointed to the role.

      I do appreciate your concerns about how any claim may effect your tied accommodation. In theory you have a legal right to make a claim for compensation without it having any impact on your job.

      If you would like to discuss things further with me it may help. Please email your phone number to me at: ian@direct2compensation.co.uk

      Yours sincerely

      Ian

  22. Hi I worked in the care sector a few months ago, I was not earning minimum wage due to my employer not paying correct travel time. I also injured both shoulders due to working 6am till 6pm. When i was signed off sick I was sacked via text message.

    Where do I stand with this please
    Christina

    • Christina

      Hi, I cannot advise on the payment issue – that is an employment law matter and not something I have sufficient knowledge of to assist you.

      However, with regards to your shoulder injuries you may be able to pursue a claim against the employer for these problems if they have been diagnosed by a Doctor and noted as a work related/repetitive strain injury. A claim against your former employers for the shoulder injuries would only succeed if you can demonstrate that you were not provided with adequate training and guidance on lifting or that the employer overworked you and failed to provide adequate support and equipment to minimise the risk of injury.

      If you would like to discuss this further, please forward your contact number to me via: ian@direct2compensation.co.uk and I will gladly call you to offer advice.

      Yours sincerely

      Ian Morris

    • Bethan

      My initial thoughts here are that you are likely to be outside of the claim limitation period. In the UK, the law allows someone injured a maximum period of 3-years from the date of their accident/injury in which they can make a claim for compensation. This applies to all adults over the age of 18 at the time of the accident. If you are under the age of 18 years at the date of an accident – the limitation period does not expire until the injured persons 21st birthday.

      The only other thing to say is that in the case of an industrial illness/injury claim (or in the case of clinical negligence) the 3-year claim limitation period commences at the date when the injured person becomes aware that their injury/illness was work related. This applies to conditions that are not always immediate in their presenting symptoms. This could apply to you, but I have to be honest and say that it would be difficult to apply that in your case.

      You can read more about personal injury compensation claim limitation periods here: https://direct2compensation.co.uk/faq/how-long-do-i-have-to-make-a-compensation-claim

      If you would like to discuss this with me, please call 01225430285.

  23. Hi I was injured at work supporting a client threw a seizure as trained I was told to attend to a client promptly, closely monitor their breathing and observe and document all signs of seizure whilst loosening clothing putting protective head gear on if required, and giving the client plenty of reassurance. Placing a pillow under their head to support them from injury etc, client had a seizure I responded promptly and worked as trained I placed the clients cover back on as it had fallen off during seizure whilst reassuring my client that they would be ok.

    The client came round and flung their arms around my neck causing me injury to my neck and shoulder. I filled accident book in and daily care plan had to have around 10 days off work on diazepam to relax my muscles. I have since had acupuncture physio and had time off work every so often when the injuries flare up, so put a claim against them. They have denied liability saying I should of sat on a chair that the client doesn’t have and spoke words of comfort. None of this was in my training they also said I should of had phonecon me to ring for second staff to assist who was sleeping upstairs, although I haven’t been supplied with a phone we only have portable house phone that is rarely charged. Also care plan states to reassure client 1-1 as to not overstimulate them and call for assistant if uncontrollable. They also say I had mva training I never did a full course only update as I made my manager aware also we are taught in epilepsy not to hold a seizuring client, and only breakaway techniques we were shown were if someone pulls your hair to hold it and shout for your team, also to redirect punches and clothing grabs. Not sure me shouting would of woke my colleague who is upstairs other side of building, sorry long message.

    • Rachel

      On the basis of your comment, we would like to speak with you. It sounds as if your employer has only provided part of the required training and also failed to give you the tools you need to work safely (in this case a phone).

      Please call us on 01225430285 or email us: justice@direct2compensation.co.uk as we will be able to give you some useful assistance and help you get your claim for compensation started.

      We look forward to hearing from you.

      Yours sincerely

      Ian

  24. I am a housekeeping manager in a nursing facility. A resident (who requires assistance with walking) was left alone in the area in which I was working and she was falling down from a standing position. I rushed to break her fall to the floor and was able to stable her enough to help her back into her chair. The resident sustained a bruised knee and I strained the muscle in my shoulder. I have been receiving compensation of my income, therapy and doctor care from the company insurance. I returned to work at the request of my employer, and have not been released by the doctor nor the therapist and was written up for carelessness(this incident only, and I have no other write up in my employee file), I am not a licensed care giver and should not have touched the resident as the administrator has said in our meeting today. I was sited for carelessness and a violation of a resident transfer and re positioning. My actions was reflex and was not intended to harm the resident nor myself, and strongly feel that if her CENA was present I would not have been put in such a position. I would like to disagree with my administrator and have this record deleted from my employee file, or at least this be an oral warning and not a final written warning since I have not receiver any orientation for my job position, (but have learned as I go) nor have a handbook related to my position. I do not know the law as it relates to nursing care facilities and I feel this write-up did not reflect what happened in the incident. I have read your questions above and found that my employer did not give me any training, (this could relate to manual handling training, specific training to use certain machinery or other job relevant training). Has my employer breached health and safety guidance already? As this my third day back to work along with the write-up my employer has placed me on a 90 day probation period as they have somehow come up with while I have been away from work (11/20/16-12/19/16) eleven points that I need to improve on, one being that I “focus on own department instead of becoming involved in other department assignments and duties”. My involvement with this resident would not have happened if she was attended to by the staff. I believe this stems from my being responsible to report any neglect or abuse to or toward any resident. I did report an abuse case and it was found true and the CENA terminated. I would appreciate and, thank you for your response to this matter.

    • Thank you for sharing your situation with us. Clearly, your query is a little outside our specific expertise in injury compensation claims, but what I can say is that it would appear that your employer placed you in a bad situation by way of their negligence towards your training and support whilst in the workplace.

      Given what you have said about the incident in which the resident fell, I think any caring human being would have tried to prevent her from falling to the floor and that you were simply trying to prevent her from sustaining a serious injury. It is hard to see how your employer could discipline you for taking such action.

      I would strongly suggest that you seek the advice of a specialist employment law Solicitor or Lawyer local to you with knowledge of the laws covering the area in which you live and the industry in which you work. Certainly under UK law, you would have a very good chance of having this write up removed from your file.

      Yours sincerely

      Ian

  25. Hi
    Mine is a difficult one to explain, im a care worker and my job involves dealing with autistic young adults and challenge behaviours. Now on thursday of last week 10th March i took one of our young people out in the community for his daily activity. Now this young man is 2 to 1 support in the community as he can be very challenging so i also had another memeber of staff with me. So we went to airhop for his activity which is a trampoline park in guildford. When we go out in the community for his activity we are to take part and support him duiring this time. Now while i was bouncing i was paying attention to our support user as he was walking around the end of the trampoline i lost focus and landed badly and damaged my leg. First aiders came to asist and helped me to relax and gave me an ice pack. After thinking i was fine i left the building thinking i was fine but once i was outside my leg collapesed and i fell over. After returning to work my college told me to put my foot up but my manager told me to fill out the forms but wouldnt let me leave untill my shift was finished. Now once i got home i went to A&E with my fiancee and i found out i actually tore a disc in my knee called (torn meniscus) now on monday the 14th i went to the doctors who signed me off for 2 weeks now as im unfit to work. My question is because i was injured technically during work time doing an activity we have to take part in can i claim?

    Many thanks for reading this

    Martin tester

    • Martin

      Thank you for taking the time to explain your situation and discuss your injury and how this was caused.

      You are right in that your situation isn’t necessarily straight forward as to make a successful claim for the injuries you have sustained whilst performing your working duties, we will have to demonstrate employer negligence and that they are responsible for your injuries and losses.

      As you state, you are expected to join in with the activities that your young adults are involved in. This is part of the job and as such, you may have to take part in activities that have known risks. In this instance, your employer has expected you to partake in trampolining as part of your working day. Trampolining is something that can be expected to present a risk of injury, so your employer must take in to account how such activities may affect your health and safety whilst at work.

      We would be happy to investigate your situation further as there could well be prospects of succeeding with a claim for work accident compensation against them if we can show that they have not adequately risk assessed the activities that they charge you to partake in. If a claim for compensation were to be made against your employer, they would need to show that they had fully and adequately risk assessed the trampoline activity. It could also be argued that it is not sufficient to send staff such as yourself, who may be experienced and trained with the handling of the young adults you work with, but with no relevant trampoline expertise to do such activities and that your employer should use specially trained staff for certain risky activities.

      As I have said, we would like to investigate this further and would certainly like to get one of our specialist injury compensation solicitors to discuss this with you. Therefore, we need to speak with you to get a little more information.

      We look forward to hearing from you.

      Regards

      Ian

  26. I am a care worker I had to lift my client from chair into his bed between 6 to 8 times a day The client is 6 foot five and 14 stone and I am really struggling with my back can I claim compensation

    • Christopher

      Thank you for contacting us. I am sorry to hear that you are in pain and struggling at work.

      The situation you refer to is one that we often hear about. With the number of people requiring ‘in home’ care support rising, the number of care workers that sustain injuries as a result of their work is also on the rise. Care workers commonly suffer from muscular strains and soft tissue injuries as a result of heavy lifting. Care companies that employ care workers are responsible for the health and safety of their workers and as result, must provide adequate training to all staff, risk assess all tasks that they expect carers to perform and provide all relevant equipment and tools that will enable a worker to minimise the risk of injury.

      In terms of making a claim for compensation as a result of the injury/pain you have sustained whilst providing care worker duties, this is certainly something Direct2Compensation would be willing to help you with. Whether or not you will succeed will come down to the nature of the work you are doing, what risk assessments (if any) your employer has undertaken and whether you have been provided with the necessary training, support and equipment to carry out your work without risk of injury.

      If you have not already done so, you should report your injuries/pain symptoms to your employer and you should ask that they record this officially. You should also see your GP to ensure that the details of your injuries are recorded on your medical records.

      I hope that this information has been helpful to you and I look forward to hearing from you.

      Yours sincerely

      Ian Morris

  27. Hello,
    I am a carer and work with elderly people, 5 weeks ago an elderly gentleman started to fall so I Reached out and took his weight to stop him falling to the floor as the is very frail and would have seriously hurt himself. In consequence I damaged the muscles in my lower back and have been bed bound since doing so. I itially I was rushed to hospital and assessed and have been going to regular chech ups with my GP. I am also about to start physiotherapy to try and ease the strain on my back. im 21 years old and this has devistated me, physically and psychologically. Is there anything I can do? Or any claim I can make?

    • Hello

      Thank you for your contribution to the comments on this article. I’m really sorry to hear about your accident and the injury you’ve sustained to your lower back whilst at work.

      Without doubt, you did the right thing in trying to help the elderly gentleman and prevent him from suffering a bad injury. After all, you are employed to care for and look after vulnerable people.

      It is really unfortunate that you have suffered such a debilitating injury and I can sympathise with the feelings of distress and upset that you describe.

      We would be more than happy to investigate your situation with a view to making a claim for accident at work compensation. Any claim would be made against your employers liability insurance cover, so it wouldn’t directly affect your employer or your relationship with them.

      The most important thing you can do at this stage is to make sure that your accident and the injuries that you have suffered whilst at work have been recorded within your employers accident reporting system. This could be within an accident book or other similar record. Obviously, your medical records will reflect the extent of your injury and ongoing treatment. I would also add that you should make sure that your GP is aware that you are feeling depressed and low as well as physically being injured and in pain.

      The prospects of succeeding with your claim will come down to the actions of your employer in minimising the risks you face in your role and doing all they can to prevent you from suffering injuries such as the one you have sustained. It will come down to the amount of training you have received, what support and equipment you are provided with and what risk assessments the employer has carried out in relation to the care needs of the elderly gentleman that fell and caused your injuries. Whilst we can never guarantee that we will win your claim, we can guarantee that it will cost you nothing if the claim fails.

      Please visit this link: https://direct2compensation.co.uk/make-a-claim-for-compensation and provide us with some further information and contact info, so that one of our team can contact you to get the ball rolling and get your claim started. An injury such as the one you describe may have long lasting consequences and one of the best things about claiming compensation after an injury is that it may open up access to specialist rehabilitation therapy that the NHS cannot provide or that you cannot afford. This may help you recover more quickly and get you back to normal life sooner. For more information on this, read our article about claiming compensation for back pain

      I will email these details to you separately and look forward to hearing from you. We may well be able to help you!

      Best wishes

      Ian

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