If you have been injured whilst at the gym, be it a private gym or a gym run, by a local council, and you believe the injury was preventable and certainly not your fault, then you may be able to make a gym injury claim for compensation.
The health and fitness industry has grown dramatically over recent years and the popularity of working out at the gym has been increasing each year. However, as the popularity of using gyms grows, so does the risk of accident resulting in injuries occurring . An injury sustained whilst at the gym can be extremely painful and often debilitating and sometimes also life changing, and although rare, they can even be fatal.
Gym injury claims can be complex and you may feel a little overwhelmed on how best to go about starting your compensation claim, but don’t worry, contact Legal Helpline and we will be able to help you get the compensation you deserve.
Jump to a Section
- Gym injury compensation claims guide
- Common gym accidents and injuries
- Can I sue my gym for injury?
- Can I claim compensation even if I signed a waiver or disclaimer?
- Gym injury claims due to faulty gym equipment?
- What you can do if you have had an accident in a gym
- Starting a gym injury claim
- Calculating compensation for a gym injury
- Gym injury no win no fee compensation claims
- Why make a gym injury claim with Legal Helpline?
- Call Legal Helpline about a gym injury claim today
- Helpful Links and Resources
This guide has been developed to give help and guidance to anyone who may have been injured at gym due to an accident that was not their fault, and who is thinking of making a claim for gym accident compensation. If you are unsure of where to begin, this is the guide for you.
In this guide, you will find lots of useful information covering areas such as, what you’re rights are by law if you suffer an injury due to negligence, what to do if you have been injured, how to start your claim, what damages you can claim for, a guide on how much compensation you could receive, and much, more.
Once you have read through the guide and feel a little bit more informed, you may want to contact a claims management company to help you with your personal injury claim. Legal Helpline have been making successful compensation claims for many years now, including working on numerous gym injury compensation claims. We would be more than happy to discuss your case and help you get the compensation you are entitled to.
Gyms generally offer a wide range of equipment to use, such as treadmills, rowing machines, cross trainers, stair climbers, weights, mats, exercise bikes, and skipping ropes to name a few.
Many of the machines are heavy and bulky and can be a little complicated to use. In the majority of cases when someone joins a gym, they will be offered an induction where they will be shown around the gym and shown how to safely use all of the equipment. The induction should be performed by a gym instructor who will also usually advise a beginner what level they should start with when using a particular machine or piece of equipment. .
Although there are a number of reasons why an accident in a gym might happen, one of the main reasons is due to the misuse or incorrect use of the equipment. Common accidents to occur in the gym are:
- Faulty or defective gym equipment – Gym equipment should be regularly checked and maintained so that they are suitable for use.
- Misuse of equipment.
- Incorrect use of equipment.
- Incorrect use of the weights – Either using a weight that is too heavy, for too long or with the incorrect posture and movement can all cause injuries.
- Slippery floors.
- Loose mats.
- Overheating due to incorrect use of the sauna.
- Injuries due to either the wrong instructions or advice being given by a gym instructor, or a misunderstanding of instructions.
There are a number of injuries that are more prevalent among gym users, some of which are due to accidents and which are also preventable. Common gym injuries include:
- Muscle strains and sprains.
- Torn ligaments.
- Back injuries such as slipped discs or pulled muscles.
- Neck Injuries.
- Fractures and breaks due to slips, trips or falls.
- Head injury.
- Objects falling onto you.
- In rare cases, heart failure and death.
If you have been injured whilst at the gym and you believe it to be because of negligence, then you may be eligible to make a compensation claim.
Accident at the gym claims can be very complex as it isn’t always clear who is liable for your injury. In some circumstances, the gym may not be seen as responsible for the accident in which you were injured. The gym occupier has a legal duty of care to provide a safe environment for all visitors to its premises in accordance with the Occupiers Liability Act 1957, and if they have upheld their responsibilities as best as they can, then there’s a chance they will not be found liable for your injury depending on the circumstances involved.
If your injury was due to incorrect use of equipment, but you had been correctly instructed on how to use them, then it would be unlikely that you would win a gym injury claim for compensation. This is because your injury would be due to your own incorrect actions. However, if you had received incorrect instruction and then went on to use the equipment and become injured, then the fault would be found with the occupier.
Liability can sometimes also be found with other parties, for an example, if you are injured due to faulty or defective equipment, it could be the company that installed the equipment or who carries out the maintenance of the equipment whos is found to be at fault. It may also be a manufacturing issue, whereby the manufacturers would be at fault. In these cases, provided the gym occupiers did all they could to ensure safe use of the equipment, they themselves wouldn’t necessarily be found liable.
However, in circumstances where the gym occupier fails to adhere to the rules and regulations of their responsibilities, then they would in most cases be found liable for your injury due to negligence. As already stated, claiming compensation for accidents in gyms isn’t always straightforward and is very often a complex matter. It is always a good idea to contact a solicitor with experience in gym injury claims, who will be able to discuss your individual case with you in more detail to give clarity as to who is most likely at fault for your injury.
A lot of gyms expect new clients to sign a waiver or disclaimer which many people then believe that the gym cannot be held responsible at all for any injuries the client may sustain. However, these types of waivers and disclaimers are not always completely legally binding and certainly do not mean that they cannot be held liable if someone was to become injured whilst on their premises no matter the circumstances.
Under the Unfair Contract Terms Act 1977, a company who requires their new client’s to sign a waiver or disclaimer, is not then excluded from any compensation claim. Compensation claims made for personal injuries due to negligence can still be brought against them.
If you are unsure of your rights because you signed a waiver or disclaimer at your gym, contact Legal Helpline to find out if you will be able to file a gym injury claim.
Determining who is responsible for your injury if it was caused by an accident involving faulty equipment, isn’t always straight forward and will depend on the circumstances involved, but it is quite reasonable to expect that you have a legitimate case to file a gym injury lawsuit for compensation.
Much the same as with any other places of public visitation and use, the occupier of the gym’s premises must abide by certain rules and regulations to ensure to the best of their ability, that the public’s safety is not at risk. As already mentioned, the Occupiers Liability Act 1957, and also the Health and Safety at Work Act 1974 (HSW Act), require any occupier to have set policies and procedures in place for all aspects of their business involving the public, in accordance with the rules and guidelines stated in the Acts. Although generally speaking the HSW Act deal with the relationship regarding the employer and employee, it is also relevant in these cases where equipment may be at fault resulting in injury.
As part of the rules and regulations set out in the Occupiers Liability Act 1957, the occupier of the gym will need to ensure that any equipment for public use is in correct working order and usable condition by means of regular maintenance checks. The manufacturer also has an obligation to their customers to ensure that any equipment they sell is made and operational to the expected standard. If the occupier has failed to regularly maintain their equipment, or the manufacturer’s have made an error in the equipment’s manufacture or made a poor quality piece of machinery, then in both cases, there is a chance that you would have a legitimate reason to claim compensation if your injury was due to their negligence.
If you have been injured whilst at a gym and you are considering making a gym injury claim, in order to build as strong a case as possible, there are a number of steps you can take to do so. Trying to do as many as the following will help to lay the foundations of your claim:
- Medical Attention – First and foremost, you must make sure you have your injury looked at by a medical professional. You may have needed an ambulance following your accident if your injury was severe and so your injury will have already been assessed, but if not, be sure to seek medical attention for a proper diagnosis and to receive appropriate treatment if needed. Apart from being an important thing to do for the sake of your health, getting a proper diagnosis and having a medical report documenting it will provide proof of your injury and its severity.
- Photos – If possible, take photos of where you accident and injury occurred. If your accident was due to faulty equipment or loose matting, take a photo as this can be evidence of negligence. Also take photos of your injury as visual proof of your pain and suffering you have endured.
- Do not admit fault – It is important in cases such as these not to admit fault on your part as this will undermine your case and suggest that your accident was due to your own negligence.
- Witnesses – If there were any witnesses to your accident, gather their contact details as a witness statement may be required.
- Diary – Make a diary of what happened, try to do this as soon as possible so that you don’t forget or leave anything out. Also keep a log of your injury, symptoms and how it is affecting your everyday life.
- Expenses – Be sure to keep receipts of any expenses such as for medical reasons or travel for example, that are as a direct result of your injury.
- Lastly, to give yourself the best possible chance of a successful claim, contact a claims management company for help and guidance.
Making a claim for compensation for accident at gym can be a very complex process as liability first needs to be proven which isn’t always as easy as it may seem. Trying to deal with such a case with no experience or without any legal background can be a very daunting prospect indeed. We always recommend speaking with an experienced professional that specialises in these types of claims to give yourself the best possible chance of success.
If you contact Legal Helpline, we will offer you a free consultancy session that can be done over the phone. During this session we will gather all of the information from you that you have surrounding your case and also we can answer any questions that you may have regarding the whole claiming process, what it involves and the best way to move forward with it. After getting the facts from you, we will be able to tell you honestly if you have a legitimate claim or not.
Once we are satisfied that your claim is legitimate, we will offer to represent you and make your claim on your behalf on a no win no fee basis. If you agree, we will then set to work straightaway, finding and gathering more evidence that will strengthen and support your claim in a court of law.
We may also offer you a free local medical if we feel it could benefit your case or if you haven’t yet sought medical attention for your injury already.
How much compensation can I claim for a gym injury? Unfortunately, at this stage, we cannot possibly give a definitive answer to this question as there are so many variables and parts that make up the final settlement figure. A gym injury claim doesn’t just consider the injury itself, but also includes a whole range of other damages that all affect the final amount to be awarded. Damages that should be included in your claim are:
- General Damages – This is the term given for the physical and mental aspects of your claim. These are for the level of pain and suffering you have endured, the affect it has had on your well-being, and your prognosis for the future.
- Special Damages – These cover the financial aspects of your claim, such as:
- Medical Expenses – Any medical expenses incurred purely because of your injury such as prescription fees, counselling costs, private healthcare if treatment on the NHS was not available and so on, should be included.
- Travel Expenses – Any expenses relating to travel, including any necessary vehicle adaptions should be included.
- Loss of Earnings – Any wages you have lost, or may lose in the future as a direct consequence of being injured can be included.
- Care Claim – If you have needed help whilst recovering, the person helping you may be able to make a claim.
These are just a few of the things that could be included in your claim. As we delve deeper, we will look at how your injury has affected you in every possible way to make sure that we claim back for every part of your life that has been affected by your injury.
So, as can be seen, there are numerous parts that make up the final amount of your claim. In the table below, we have listed some common injuries associated with accidents in gyms and have shown, using our gym injury compensation calculator, the average payout brackets depending on the severity of the injury. These are just to give you an indication as to what you may be awarded for yours.
|Reason for Compensation||Average Payout Amounts||Comments|
|Mental Anguish||Up to £4,100||Fear of impending death or reduced expectation of life.|
|Loss of Earnings||£10,000 - £400,000||The amount will depend on the claimants current paygrade.|
|Minor Back Injury||£2,150 - £10,970||Soft tissue damage, disc damage and sprains and strains. Full recovery expected within 5 years.|
|Moderate Back Injury||£10,970 - £34,000||As above but more severe. Surgery may be required and there will be on-going pain and suffering. Mobility may be reduced.|
|Severe Back Injury||£34,000 -£141,150||Permanent damage to discs, muscles and even spinal cord and nerves. Surgery required. Possible paralysis. Chronic pain and suffering.|
|Minor Shoulder Injury||£2,150 - £10,730||Soft tissue injury with significant pain but full recovery expected.|
|Moderate to Serious Shoulder Injury||£6,920 - £16,830||Soft tissue injuries and frozen shoulder, to dislocation and fractures, soft tissue damage. Considerable pain, limited movement, some symptoms may be permanent.|
|Severe Shoulder Injury||£16,830 - £42,110||Significant damage causing serious disability, on-going pain and permanent damage.|
|Less Severe Arm Injury||£5,810 - £34,340||Simple breaks and fractures. Some temporary disability. Significant pain and suffering.|
|Severe Arm Injury||£34,340 - £114,810||Serious breaks and fractures needing surgery but leaving with significant disability. The higher level of payout will be awarded to those whose arm/s although not amputated, are as if they didnt have them as complete loss of use.|
|Minor Serious Leg Injuries||£7,990 - £48,080||Simple breaks and fractures with expected pain and discomfort, full recovery expected, to serious breaks and fractures requiring surgery and prolonged treatment, possible deformity and loss of movement.|
|Severe Very Severe Leg Injuries||£48,080 - £119,210||Permanent life- long disability with the need for mobility aids, to such severe injuries and disability to the leg/s where, although not amputated, there is complete loss of use, extensive surgery and skin grafting may be required and permanent disability for life.|
|Minor Injuries||Up to £600||Full recovery expected within 7 days.|
|Minor Injuries||£600 - £1,200||Full recovery expected within 28 days.|
|Minor Injuries||£1,200 -£2,150||Full recovery expected within 3 months.|
If your injury is not listed, don’t worry, just call us at Legal Helpline and we endeavor to look at it in more detail to find out what you may be awarded depending on your individual circumstances.
One of the main reasons people do not go ahead with claiming for compensation that they are rightly entitled to, is the worry of how they will be able to cover the legal fees for representation for their claim. Well we have a solution for this, and that is our no win no fee service.
With our no win no fee policy, there are no upfront costs, or costs during the whole claiming process. If we take on your case but we lose, then there are no fees to be paid at all, no win, no fee. If we do win however, we simply take a small percentage (maximum of 25%) of your final settlement amount. With no win no fee, you don’t have to worry about if you can afford legal representation or not, and there is no risk to your current finances at all.
Legal Helpline is a claims management company who work with a panel of personal injury solicitors. We work with solicitors who have helped people to make this type of claim in the past, and who have built up a fantastic reputation of successfully claiming the maximum payout amount possible for their clients.
We are a reliable, friendly and honest team that pride themselves in their work ethic and integrity. Our panel will work as quickly and as efficiently as possible, keeping clients informed every step of the way throughout the claiming process.
If you decide to employ Legal Helpline as the claims management company for your gym injury claim, you will be giving yourself the best possible chance of success as they really know what they are doing and always strive for the best possible outcome.
For further help, advice and assistance with your gym injury claim, just call Legal Helpline on 0161 696 9685. Your call will be answered by a member of the team who will do their best to help you and answer any questions you may have regarding making a claim.
If you have been in a gym and suffered injury from slipping, tripping or falling, this guide explains the process of claiming compensation.
The NHS website offers help and advice on various sporting injuries.
This details the legislation of the Occupiers Liability Act 1957 which may be of use when trying to determine who is liable for your accident.