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Care worker injury claims are a type of personal injury claim made by those working in care homes or domiciliary settings who sustain injuries due to an employer’s negligent actions. Whether the employer is a local authority, care home, or private agency, they are legally required to ensure that all their staff have the right training and equipment to safely provide care to elderly, vulnerable, and disabled persons, and that working environments are fit for purpose. Manual handling incidents, slips and falls, and electric shocks are common in the care sector, and these accidents can have serious physical, psychological, and financial consequences for affected workers.
Legal Helpline can assess your potential claim for free with one short phone call and, if eligible, connect you with a No Win No Fee accident at work solicitor from our expert panel. Whether you require assistance with collecting the right evidence or need a professional to explain all the technical language, our panel strives to provide a tailored service that fits around the specific needs and circumstances of every client.
Reach out to us today to find out more about making a personal injury claim following a care home accident. Our advice line operates 24/7, so we’ll have someone available whenever it suits you.
Select A Section
- Can I Claim If I Was Injured Working As A Carer?
- Care Worker Injury Claims Examples
- What If I’m A Care Worker Who Was Assaulted On Shift?
- What Injuries Could Be Sustained Whilst Working As A Carer?
- How Much Care Worker Injury Compensation Can I Claim?
- What Is Needed To Bring A Claim For Care Worker Injuries?
- Why Claim For Carer Accidents With Our Panel Of Solicitors?
- No Win No Fee Care Worker Injury Claims With Legal Helpline
- More Information
Can I Claim If I Was Injured Working As A Carer?
Yes, you can claim if you were injured while working as a carer, provided you can show that the harm you suffered resulted from your employer’s failure to keep you safe during the course of your work activities. Under the Health and Safety at Work etc. Act 1974 (HASAWA), employers must take reasonable steps to ensure the health, wellbeing, and safety of staff. In the context of safeguarding care workers, this can include providing appropriate training, maintaining the premises, and having clear emergency action plans, such as for fires.
We have summarised the eligibility criteria for care worker injury claims with a brief explanation here:
- You were owed a duty of care by your employer. A duty of care is a legal responsibility to take reasonable action to protect others, and is primarily governed by HASAWA. This duty is owed by all employers in the care sector, whether they are residential facilities or home care agencies.
- This duty was breached: If the care home or agency failed to take the necessary steps to meet their legal obligations, it is said to constitute a breach of duty. There are various ways a breach could occur, such as neglecting inspections for lifting equipment, providing substandard training for manual handling or the use of hoists, or failing to address documented environmental hazards.
- The breach resulted in your being harmed: This breach must have directly caused you to sustain an injury during the course of your care work. An injury can involve both physical and psychological harm, depending on the exact circumstances of the incident. Any injuries will require a professional medical diagnosis.
To learn more about making an accident at work claim in your particular circumstances, or to get a free eligibility check, get in touch with our advisory team today.
Care Worker Injury Claims Examples
Care worker injury claims often involve injuries caused by an employer’s failure to provide staff with sufficient training, properly maintained equipment, or a working environment free of foreseeable or documented hazards. While some examples have been set out below, we would like to emphasise that a variety of other injuries can create the grounds to make a claim:
- A broken floor panel in the corridor outside the laundry room had been reported to care home management by multiple staff, but no repairs were organised. While carrying bed linens, you tripped on this defect and badly twisted your ankle in the resulting fall.
- You were not provided with appropriate manual handling training as part of your care worker induction. This led you to attempt to lift a heavy load without asking a colleague for help, causing you to tear a ligament in your shoulder.
- Faults with the thermostat meant the hot water at a wash station was well beyond safe temperature limits. Colleagues had reported the hazard, but no actions were taken to repair the thermostatic controls. While you were washing your hands, the water suddenly became extremely hot, causing a severe scald that left you with serious burns and permanent scarring.
We emphasise again that these examples are just that, examples. Whether your experience matches one of the incidents above or something completely different, you can learn more about starting a claim in your specific circumstances by speaking to one of our advisors. They can discuss your rights as a care worker and provide a free eligibility check to see if you can pursue compensation, so why not get in touch today?
What If I’m A Care Worker Who Was Assaulted On Shift?
If you were a care worker who was assaulted on shift, you may be able to pursue a claim against your employer or the perpetrator themselves, or seek compensation for your injuries via a government-funded scheme. The right to work in a safe environment extends to not being physically assaulted, and in certain cases, the employer may be liable for any criminal harm done to you. This is known as “vicarious liability.”
What this means is that the employer can be responsible for a criminal assault, even if they were not the perpetrator, because they were aware of the risks and failed to take appropriate action. Many residents, especially those who are in dementia care homes, have additional complex needs that may lead to aggressive, hostile, or violent behaviour. It is up to the care home to manage this as best they can, protecting both residents and care staff. This can include measures such as panic alarms, security cameras and ensuring that carers are never left alone when attending residents who exhibit aggressive behaviour.
So if a resident, or one of your colleagues, makes threatening remarks or shows outward signs of aggression, which your employer ignores, you could sue the employer if you were assaulted at work.
Can I Make A Criminal Injury Claim?
You may be able to make a criminal injury claim as a care worker via the Criminal Injuries Compensation Authority (CICA), which offers those injured in violent crimes a means of seeking compensation if other routes of claiming are not open to them. In order to claim through the CICA, you need to have been injured in a violent crime that occurred in Great Britain or another relevant place and have reported this crime to the police.
Claims made through the CICA are valued in line with the fixed tariff from The Criminal Injuries Compensation Scheme 2012. Other criteria do apply, so to learn more about making an assault claim, whether through the CICA or against your employer, get in touch with our advisors today.
What Injuries Could Be Sustained Whilst Working As A Carer?
Due to the demanding physical requirements of the role, musculoskeletal damage, strains, sprains, and broken bones are common injuries that could be sustained whilst working as a carer. While the exact injuries will vary depending on the nature of the accident, several examples have been provided below:
- Traumatic head injuries, including concussions.
- Soft tissue damage to tendons, ligaments, and muscles.
- Ankle injuries or a broken foot.
- Damage to the fingers and toes.
- Burns and scalds.
- Back injuries, such as damage to the spinal cord and adjoining nerves.
- Dislocations or other injuries to the shoulders.
- Needlestick injuries, resulting in the transmission of a bloodborne virus like HIV or Hepatitis B.
For more information on what injuries care workers can seek compensation for, or to find out if you could be eligible to start a claim in your particular circumstances, get in touch with Legal Helpline’s dedicated advice team today.
How Much Care Worker Injury Compensation Can I Claim?
The amount of care worker injury compensation you can claim is likely to be based on the severity of the harm, its long-term impact on your life, and whether the injuries sustained cause financial loss. Care workers perform a vital service under often challenging conditions, and injuries suffered during the course of their work can be life-changing and drastically reduce quality of life.
There are 2 heads of claim under which compensation can be divided:
- General damages: This head accounts for the physical and psychological effects of your injuries.
- Special damages: If a care worker’s injury results in associated financial harm, special damages may be awarded.
In order to assess the value of general damages, solicitors can use medical evidence alongside the Judicial College Guidelines (JCG). This publication sets out suggested compensation brackets for various injuries, some of which have been used in the table here. We should emphasise that the first figure is not a JCG bracket.
Compensation Table
Please be aware that this information is intended to serve as guidance only.
| Type of Injury and Severity | Guideline | Explanatory Notes |
|---|---|---|
| Very Serious Injuries with Special Damages | Up to £1,000,000 and Up | Cases where a person has sustained very serious harm alongside substantial financial losses including a loss of income, care costs and medical bills. |
| Head Injuries and Brain Damage - Very Severe | £344,150 to £493,000 | Little if any language function or response to the environment, requiring full time nursing care. |
| Head Injuries and Brain Damage - Moderate (ii) | £110,720 to £183,190 | Moderate to modest intellectual deficit with a greatly reduced ability to undertake work. |
| Back Injuries - Severe (a)(ii) | £90,510 to £107,910 | Cases with special features, including nerve root damage with connected sensation loss, that take them out of the lower brackets. |
| Back injuries - Severe (a)(iii) | £47,320 to £85,100 | Soft tissue damage, disc lesions, or fracture to vertebral bodies (or discs), leading to chronic conditions. |
| Ankle Injuries - Moderate (b) | £16,770 to £32,450 | Ligament tears, fractures and similar injuries resulting in difficulty walking across uneven ground (or other less serious disabilities). |
| Shoulder Injuries - Serious (b) | £15,580 to £23,430 | Dislocation of shoulder with lower brachial plexus damage, causing sensory symptoms and elbow aching. |
| Shoulder Injuries - Moderate (c) | £9,630 to £15,580 | Includes soft tissue damage where symptoms are more than minimal and persist for after 2 years without being permanent. |
| Dermatitis and Other Skin Conditions - Lasting Years (a) | £16,770 to £23,430 | Dermatitis of both hands where there is cracking and soreness affecting both employment and domestic tasks, potentially with some form of permanent psychological effects that last for years or indefinitely. |
| Dermatitis and Other Skin Conditions - Significant Periods (b) | £10,550 to £13,930 | Dermatitis of one or both hands that continues for a significant period but settles with treatment and/or the use of gloves when carrying out specific tasks. |
Can Care Worker Injury Claims Compensate For Financial Losses?
Yes, care worker injury claims can compensate for financial losses if these are incurred as a direct result of the harm you suffered. Payments can be made for a variety of costs, encompassing both past and future losses. This means payouts under special damages are often higher than equivalent awards for general damages.
In the context of care worker claims, special damages can cover:
- Loss of income due to lost shifts and time absent from your care worker job.
- Loss of future earnings if you are unable to return to being a care worker, for example, if your injury prevents you from heavy lifting or performing manual handling duties.
- Prescriptions, osteopathy, private medical treatments, and occupational therapy.
- Repairing or replacing damaged personal belongings or uniforms.
- Travel expenses for attending hospital appointments, including petrol, parking fees, and public transport.
- Domestic care and assistance with tasks such as preparing meals, cleaning, gardening and DIY if you can’t do any of these safely on your own.
- Assistance with childcare if your injuries prevent you from managing your duties independently.
You’ll need to provide supporting evidence of any costs you wish to seek compensation for. Make sure you hold onto copies of any documentation (e.g., payslips, receipts, and bank statements) as proof of the losses you have experienced.
Speak to one of our dedicated advisors to find out more about claiming in your particular circumstances, and to get more personalised advice on care work injury compensation.
What Is Needed To Bring A Claim For Care Worker Injuries?
To bring a claim for care worker injuries, you will need detailed records of the incident, copies of your medical documents, and evidence showing any failures to provide a safe working environment. You will also need to make sure that your claim is made within the correct time limit. We’ve explored both of these requirements regarding care worker injury claims below.
How Can I Prove Liability For Injuries Whilst Working As A Carer?
You can prove liability for injuries whilst working as a carer using copies of training documents, maintenance logs, risk assessment handling plans, and the report logged in the accident book. Some facilities where care workers operate may also use CCTV, and you can request a copy of any available, relevant footage.
The solicitors on our panel can assist you in this regard, ensuring you’re not only able to prove who was at fault, but also the extent of the injuries you suffered as a care worker. You can learn more in our dedicated guide, looking at the evidence often needed for personal injury claims.
Care Worker Injury Compensation Claim Time Limit
You will also need to file your claim within the correct time limit, which is typically 3 years from the date of the accident. This is set by the Limitation Act 1980, but exceptions to this may be applicable. Our advisors can provide further information on the time limits for your specific circumstances.
Why Claim For Carer Accidents With Our Panel Of Solicitors?
By choosing to claim for carer accidents with our panel of solicitors, you’ll get access to skills and experience developed over thousands of cases. These professionals understand that each claim needs to be considered on its own individual features, and they work hard to ensure clients get a service that meets their particular needs.
The solicitors on our panel have worked in personal injury law for years, with some careers spanning decades. Those years not only represent considerable experience, knowledge and understanding of legal matters, but form a proven record of success for their clients. Our panel recognises that an injury is not just a setback to having a career in the care sector, and that the physical and psychological toll of being harmed in a workplace accident can have long-lasting consequences.
A solicitor is not there simply to argue with the defendants on your behalf, but to provide a whole range of services, support, and legal advice that is built around your immediate and long-term wellbeing. Here are just a few of the things a solicitor from our panel could do for you:
- Get you the right medical care, occupational therapy, counselling and other support you need to manage the impact of your injuries.
- Support you in collecting evidence, such as copies of training logs from the care facility or agency.
- Calculate a potential compensation figure for the claim, including any loss of earnings and other special damages.
- Explain all the technical legal language and keep you up to speed on all developments during the claim. We also have a handy legal glossary to help you navigate the tricky terminology.
- Negotiate a settlement on your behalf with the defendant’s representatives.
If you would like to learn more about our panel’s services, please reach out today.
No Win No Fee Care Worker Injury Claims With Legal Helpline
Starting No Win No Fee care worker injury claims with a solicitor from our panel at Legal Helpline could not be simpler. Our advisors are available 24/7, so you can find out if you could claim whenever it suits you. Legal Helpline’s panel of experts offer their services on strict No Win No Fee terms with a type of contract called a Conditional Fee Agreement (CFA).
When claiming under a CFA, you will benefit from the following:
- No service fees to pay at the start of the claims process.
- No service fees charged while the care work injury claim is underway.
- There will also be no service fee if the claim is lost.
A success fee is charged if the claim is won and deducted by the solicitor from the compensation. This percentage is capped by The Conditional Fee Agreements Order 2013, so the benefits are firmly with the claimant.
Contact Our Team To Begin
Get in touch with Legal Helpline’s advisors today to find out if you could make a claim. You can reach out any time by:
- Calling 0333 000 0729.
- You can contact us online by completing this form.
- Click the live chat window on your screen now.
More Information
You can read some of our other accident at work claims guides here:
- Find out if you could claim after trailing leads hazards resulted in your being injured.
- Get advice on slip, trip or fall claims following an accident.
- Check if you could claim as a part-time employee with this guidance.
We have also provided these external resources for additional information:
- Read the health and safety in care homes guidance from the Health and Safety Executive (HSE).
- Learn when to call 999 from the NHS.
- Read more about the rights of part-time workers on the government website.
Thank you for taking the time to read our guide to care worker injury claims.