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You may be eligible to make an NHS accident at work claim if you were injured in an incident at a hospital, GP surgery, walk-in centre, or other healthcare setting resulting from a failure to uphold safety standards. Healthcare workers have the same fundamental rights as any other employee: to work in a safe environment with the training, equipment, and support required to complete their duties. When these rights are not met, staff can be put at serious risk of harm.
Legal Helpline can provide free advice on the healthcare worker claims process, answer any questions you have, and offer a no-obligation eligibility check to everyone who reaches out. If you have a valid case to seek compensation, you will be connected with one of the expert accident at work solicitors on our dedicated panel, who will design a tailored, highly professional service that is built to support those who have been injured while working in the healthcare sector. Regardless of what you need, our panel has a solicitor who will handle your claim from start to finish, putting you front and centre of everything they do so you can stay focused on your recovery.
Key Takeaways
- The NHS, including individual trusts, must provide a safe working environment for all employees and agency staff.
- If you believe that your employer failed to implement the necessary safety measures that led to your being injured, such as a lack of personal protective equipment (PPE), you might be eligible to make an accident at work claim.
- Claims by healthcare workers can potentially arise because of injuries suffered from needlestick incidents, slips on wet floors or poorly maintained flooring, and being struck by heavy objects.
- As well as compensation for your injuries, you may be able to recover any financial losses you incurred after being injured in an accident in a hospital, GP surgery, or other medical setting.
- Our panel of trusted solicitors can provide expert legal support to healthcare staff members and agency workers seeking compensation for injuries sustained in an accident at work.
We maintain a 24/7 advice service so you can get answers to your questions or find out if you could make a claim at a time that suits you. You can take your first steps today by using one of the convenient contact options listed on our website.
Browse This Page
- Can I Make An NHS Accident At Work Claim?
- NHS Accident At Work Claim Examples
- What Injuries Could You Suffer At Work In The NHS
- How Much Compensation Can I Get For An NHS Accident At Work?
- Can NHS Workplace Injury Claims Cover Other Losses As Part Of Compensation?
- NHS Staff Injuries Pay Out Statistics
- How Can I Prove Someone Else Was At Fault For My NHS Accident At Work?
- Is There A Time Limit For Claiming After An NHS Workplace Injury?
- How Legal Helpline Can Assist With An NHS Workplace Accident Claim
- Claiming NHS Accident At Work Compensation On A No Win No Fee Basis
- Learn More
Can I Make An NHS Accident At Work Claim?
You could make an accident at work claim against the NHS if it can be demonstrated that an NHS trust’s failings directly contributed to the injuries you sustained. Under the Health and Safety at Work etc. Act 1974, every employer is required to take reasonable steps to ensure the safety of not only employees but also others coming to the premises for work purposes. This includes agency staff, construction contractors, and cleaners.
Below, we have summarised the eligibility criteria that need to be met:
- A Duty Of Care Was Owed To You By An NHS Trust: This is a legally binding obligation to protect your health and safety, known as a duty of care. In medical settings, this can include providing gloves, masks, and other appropriate PPE, regularly inspecting equipment, and carrying out risk assessments on hospital wards.
- This Duty Was Breached When Reasonable Steps To Ensure Your Safety Were Not Taken: A breach can happen if appropriate steps are not implemented to ensure employee safety. This might involve a failure to maintain lifting equipment, insufficient training on sharps disposal, and unattended obstructions in high-traffic walkways.
- Consequently, An Accident Occurred In Which You Were Injured: To have a potentially valid claim, you must have sustained some form of physical or psychological harm as a direct result of the breach. Accidents in healthcare settings can lead to many kinds of trauma, ranging from needlestick injuries to fractures, dislocations, or serious head trauma caused by slips and falls on unmarked wet floors in hospital corridors.
What If I Was Assaulted Whilst Working For The NHS
You may be able to claim compensation if you were assaulted whilst working for the NHS. The route to compensation open to you will depend on the circumstances of the incident, as a claim could potentially be made against your attacker, the NHS trust, or through the Criminal Injuries Compensation Authority (CICA):
- Against the perpetrator: In some cases, you can sue the attacker directly if they have the resources to compensate you. However, this pathway might not be available if the perpetrator lacks funds or has not been identified.
- Against the NHS trust: This is known as a vicarious liability claim, and might be possible if you can show there was a failure to protect you from a reasonably foreseeable risk. For example, say a patient has a documented history of making aggressive and threatening remarks. If no action was taken, such as ensuring no staff were alone with them or that security was present, you may have grounds to claim compensation if this leads to them assaulting you and causing harm.
- Through the CICA: If you cannot claim against your employer or the perpetrator, you may be able to seek criminal injuries compensation through the CICA. This is an executive agency, sponsored by the Ministry of Justice, that was established to provide victims of violent crimes with a means of seeking compensation when other methods have failed. You would need to meet specific eligibility criteria to pursue compensation through the CICA.
You can get a free eligibility check and learn more about the type of claim you are looking to make by speaking to our dedicated advisors today. Call the number below to speak to a member of Legal Helpline’s advisory team.
NHS Accident At Work Claim Examples
Our research into NHS workplace accidents shows that, according to the latest available data, there were 1,769 reported claims and incidents across the NHS in 2023/24. This figure was obtained through Freedom of Information (FoI) requests sent out to trusts in England*. Below, we have broken down this number with the most common examples:
- Slips, trips and falls: The highest single cause of injury with 467 occurrences.
- Assaults on staff: This came second at 409.
- Being hit by objects: Ranked third with 178 incidents and claims.
- Manual handling: Represented the 4th most common cause, at 113.
- Defective tools or equipment: The fifth primary cause, at 108 instances.
You can find out more about making compensation claims for any of the incidents given or other accidents as a healthcare worker by talking to our advisors today. In addition to providing further guidance, they can assess your eligibility for free.
What Injuries Could You Suffer At Work In The NHS?
You could suffer any number of injuries at work in the NHS, including broken bones, head injuries, soft tissue damage, and laceration wounds, depending on the exact nature of your accident. Below, you can see the most prevalent injury types in claims and incidents recorded in 2023/24. These figures are sourced from FoI requests sent out to trusts in England*:
- Orthopaedic injuries: 1,383.
- Head injuries: 155.
- Injuries to the face: 131.
- Psychiatric damage: 106.
- Injuries to internal organs: 64.
While it is a very broad area, orthopaedic injuries were still overwhelmingly the most common injury type experienced by NHS staff, with over 1,000 more injuries reported than the next highest type. If you are able to pursue compensation following your work accident, medical evidence will be very useful in showing what injuries you sustained and how serious they were, but we’ll examine this further in the guide. Talk to one of our friendly advisors today to learn about claiming for your specific injuries and to get a free, confidential eligibility check.
How Much Compensation Can I Get For An NHS Accident At Work?
The amount of compensation you can get for an accident at work as an NHS worker will be dependent on the nature of the injuries you sustained, their overall impact, and whether the harm suffered affects your finances. This compensation can be divided into 2 separate heads of claim:
- General damages: Payments for physical and psychiatric injury, like the examples discussed above.
- Special damages: Compensation for financial losses incurred because of the harm, but we’ll examine this in the next section.
When it comes to calculating personal injury compensation for a claim, the Judicial College Guidelines (JCG) may be used alongside your medical evidence to get a figure. The JCG publication sets out guideline compensation brackets, making it particularly useful for solicitors and other legal professionals in determining the value of different injuries. We have used a selection of those brackets, aside from the first entry, to create this compensation table.
Compensation Table
Please be aware that this information is intended to be used as guidance only.
| Type of Injury + Severity | Guideline | Notes |
|---|---|---|
| Multiple Very Serious Injuries with Financial Losses | Up to £1 million and up | Cases where multiple very serious injuries have been experienced alongside substantial financial harm including lost pay, medical expenses and care costs. |
| Head Injuries and Brain Damage - Moderately Severe (b) | £267,340 to £344,150 | Very serious disability, whether physical or cognitive, with a substantial dependent on others requiring full time professional care. |
| Head Injuries and Brain Damage - Moderate (c)(iii) | £52,550 to £110,720 | Impacts on memory and concentration affecting the ability to work, with a small risk of epilepsy. |
| Neck Injuries - Severe (a)(ii) | £80,240 to £159,770 | Serious fractures to cervical discs with disabilities such as loss of limb function. |
| Neck Injuries - Severe (a)(iii) | £55,500 to £68,330 | Fractures, dislocations and serious soft tissue damage leading to chronic conditions. |
| Other Arm Injuries - Permanent and Substantial Disablement | £47,810 to £73,050 | Serious forearm fractures giving rise to permanent residual disabilities. |
| Other Arm Injuries - Less Severe Injury | £23,430 to £47,810 | Cases where there have been significant disabilities but a substantial recovery has occurred. |
| Shoulder Injuries - Serious (b) | £15,580 to £23,430 | Dislocation of shoulder with lower brachial plexus damage. |
| Shoulder Injuries - Moderate (c) | £9,630 to £15,580 | Frozen shoulder with limitation of movement and persisting discomfort for around 2 years. |
| Elbow Injuries - Moderate or Minor Injury (iii) | Up to £15,370 | Recovery after 3 years with persisting nuisance symptoms. |
To learn more about how an accident work claim in your specific circumstances might be valued, get in touch with our expert advisors using the contact information given here.
Can NHS Workplace Injury Claims Cover Other Losses As Part Of Compensation?
NHS workplace injury claims can cover other losses as part of the compensation, namely various costs incurred as a result of an injury. These costs are covered under special damages, and we’ve provided some examples for you here. It is worth mentioning that this head of claim covers both past and future losses, so special damages can form a substantial part of any settlement awarded upon a successful outcome.
Loss of Earnings
A loss of earnings, including any future losses, can be compensated as part of your payout. Whether you are a doctor, nurse, or cleaner, any income you lose out on from not being able to return to your role can be reimbursed. This includes pension contributions and enhancements paid for working unsocial hours. You may also be entitled to Statutory Sick Pay (SSP) and occupational sick pay.
Medical Expenses
The cost of medical care, including private treatments, rehabilitation services such as physiotherapy, and psychological counselling, can add up to a significant expense. Taking this route can ensure your long-term recovery is prioritised, which may help you return to your clinical duties sooner (if your injury does not prevent this).
Care Costs
If the workplace accident has left you in need of dedicated support, you can be reimbursed for the cost of in-home care from professionals and family members. Daily household duties such as preparing meals, cleaning, washing yourself, gardening and general DIY jobs all become much more difficult and potentially dangerous for persons with reduced mobility.
Home Modifications
Accidents in hospitals or other healthcare settings can lead to serious injury. This may reduce mobility, posing significant challenges when getting up stairs, into the shower, or even just into your home. So, you may be compensated for payments made to install stairlifts, ramps, and walk-in showers to support your independence in your own house.
Travel
If you are unable to drive due to your injuries or have been instructed by an occupational health doctor not to use a vehicle, you still need a way to get to your appointments and, once you return, to work at your hospital or clinic. Public transport or private transportation, where required, can be covered by your special damages payments.
Exactly what costs you incur will depend on your own personal circumstances, but regardless of the expenditures that result from your injuries, you will need to provide supporting documents. Your payslips, travel tickets, and bills for care and other services can all be used to show these costs, so please hold on to all relevant paperwork.
This section, while we hope it was useful for you, is intended to act as guidance only. For additional information on the steps involved in an NHS accident at work claim in your specific circumstances, and a free eligibility consultation, speak to one of our advisors today.
NHS Staff Injuries Pay Out Statistics
From our research, we found that the University Hospitals Birmingham NHS Foundation Trust had the highest number of claims in 2023/24, with 150. According to figures from FoI requests made to trusts in England*, the top 10 with the highest number of staff claims are set out below. Please keep in mind that trusts do vary in size, with some having significantly larger workforces:
- University Hospitals Birmingham NHS Foundation Trust: 150
- Manchester University NHS Foundation Trust: 118
- Mersey Care NHS Foundation Trust: 113
- Nottingham University Hospitals NHS Trust: 110
- Sandwell & West Birmingham Hospitals NHS Trust: 106
- Liverpool University Hospitals NHS Foundation Trust: 106
- Northern Care Alliance NHS Foundation Trust: 105
- Yorkshire Ambulance Service NHS Trust: 103
- Sheffield Teaching Hospitals NHS Foundation Trust: 85
- Wirral University Teaching Hospital NHS Foundation Trust: 83
If you would like to share the circumstances that led to your workplace accident, please get in touch with our advisors to find out more about making a claim today.
How Can I Prove Someone Else Was At Fault For My NHS Accident At Work?
You can prove that someone else was at fault for your NHS accident at work by gathering strong evidence, such as the internal incident report in which your injuries were recorded. In addition, you can use CCTV footage, maintenance records from your hospital or clinic, staff records, and training logs to show what happened and where the fault might lie. Additional information is available in our guide on the evidence needed for a personal injury claim, or you can contact our advice team today for more tailored assistance.
Is There A Time Limit For Claiming After An NHS Workplace Injury?
Yes, there is typically a 3-year time limit, or limitation period, for claiming after an NHS workplace injury. This time limit is set out by the Limitation Act 1980, which applies to all personal injury claims and allows exceptions in certain circumstances. You can learn more about the time limit for your particular accident claim by getting in touch with our advisory team today.
How Legal Helpline Can Assist With An NHS Workplace Accident Claim
Legal Helpline can assist with a workplace accident claim against the NHS by offering free advice to anyone who gets in touch with us. Our advisors will assess your eligibility for free, and if you meet the requirements, connect you with a personal injury solicitor from Legal Helpline’s highly experienced panel.
We understand the unique pressures faced by those working in healthcare settings, and our panel provides a service built around your specific needs. There is a lot involved in the personal injury claim process, but you can trust your solicitor will explain everything you need to know while prioritising your wellbeing from the very outset.
Here are just some of the ways our panel supports injured doctors, nurses, midwives, porters, and other healthcare workers throughout their claim:
- Connecting you with trauma counsellors, rehabilitation specialists, and other professionals experienced with treating individuals injured in medical environments.
- Helping you obtain a strong body of evidence, including copies of your staff record, the internal incident report, and occupational health notes.
- Calculating a compensation figure that reflects the injuries sustained and the impact on your finances, such as unsocial hours enhancements and your pension.
- Communicating with all involved parties and ensuring your accident at work case is handled efficiently.
- Explaining all the tricky legal language and breaking down how legislation protects healthcare workers.
Our panel of experts can do all this and more, so why not find out if you could make an NHS accident at work claim today?
Claiming NHS Accident At Work Compensation On A No Win No Fee Basis
You can find out more about claiming NHS accident at work compensation on a No Win No Fee basis today by talking to our advisors. If eligible, you’ll be put through to an expert solicitor from our dedicated panel who can offer their services under a type of No Win No Fee contract called a Conditional Fee Agreement (CFA).
The terms of the CFA mean you won’t be paying any service fees to the solicitor at the start of or during the claim itself. It also means you will not owe a service fee if the claim fails. However, our panel of solicitors do charge a success fee when a claim is won. While the fee comes out of the compensation, it is a legally capped percentage, as set out in The Conditional Fee Agreements Order 2013. This ensures the benefits are overwhelmingly yours.
Contact Our Team To Begin
To get started with your claim as soon as possible, talk to our advisors for a free eligibility check. You can reach our team at any time that suits you using the contact details provided here:
- Call an advisor on 0333 000 0729.
- You can also contact us online by completing a callback form.
- Or, click the live chat button on your screen now.
Learn More
You can view some of our other accident at work claims guides here:
- Learn more about claiming as a part-time employee following an accident at work.
- Read our guide on claiming compensation after receiving no workplace training, resulting in you suffering injuries.
- Find out if you could be owed compensation after unsafe practices in the workplace caused you harm.
We’ve also provided a few external resources, which we hope will be of some help to you:
- You could be eligible for payments under the NHS Injury Allowance and can find out more with this resource.
- View the latest guidance on health and safety within the health and social care sector from the Health and Safety Executive (HSE).
- Check when to call 999 following an incident with this resource from the NHS.
*These were responses to Freedom of Information (FoI) requests made to trusts based in England, not all of which responded. Further information, answers to your questions and a free eligibility check are available at any time. Thank you for taking the time to read our guide to making an NHS accident at work claim, and get in touch today via the contact details provided above.