Find Out How To Make Prison Injury Claims

If you’ve suffered an injury in a prison environment, whether as an inmate, a prison officer, a visitor or a contractor, you may be eligible to make a prison injury compensation claim. Prison injury claims can arise when negligent care in a correctional setting causes injuries.

At Legal Helpline, we connect victims of prison-related injuries with our panel of solicitors who specialise in personal injury compensation claims. This guide will explain your rights, outline how to make a claim, and show you how we can help you seek the compensation you deserve.

Five Key Takeaways:

• You can make a prison injury claim if you were hurt because the HM Prison Service, prison authorities or another responsible party was negligent.
• Inmates, officers, visitors and contractors are all potentially eligible to claim if they can prove negligent care caused their injury.
• Common claimable incidents include slips and trips and unsafe working conditions.
• Compensation may include two heads of claim that can cover the way you have been financially, psychologically, and physically affected.
• You can claim with No Win No Fee representation with our panel of specialist solicitors.

If you’ve suffered an injury in a prison and want to explore your options, contact us today. We can give you a free case assessment and advise you on your next steps:

• Call 0333 0000729
• Fill out our Contact Us page.
• Send a message into our live on-screen chat box.

Jump To A Section

1. Can I Make A Prison Injury Claim?
2. Members Of The Public Prison Injury Claims
3. Contractor Prison Accident Claims
4. How Much Compensation Can I Get For A Prison Injury?
5. How Can I Start An Accident In A Prison Claim?
6. Can I Make A No Win No Fee Prison Accident Claim?
7. Why Should I Get Help From Your Advisors?
8. More Information

Can I Make A Prison Injury Claim?

Prison injury claims can be made if negligence occurred. Negligence is defined as a breach of duty of care that causes an injury.

Under the Occupiers’ Liability Act 1957, the occupier of a prison, usually the prison authorities or HM Prison Service, owes a duty of care to everyone lawfully on the premises. This includes prisoners and visitors. The occupier must take steps to ensure the reasonable safety of individuals while they are on prison grounds.

Additionally, the Health and Safety at Work etc. Act 1974 applies to those employed within the prison, such as prison officers or contracted workers. This legislation places a duty of care on employers to take reasonable steps to ensure the safety of employees while they’re working, which includes providing proper training, safe equipment, and risk management.

So, you must meet the prison injury claims eligibility criteria to be entitled to compensation:

1. A third party, such as a prison authority or employer, owed you a duty of care in a prison.
2. That duty of care was breached.
3. You suffered an injury as a direct result of that breach.

For free advice about your claim eligibility after being injured in a prison, contact our team today.

Accidents As An Inmate

Inmates are entitled to the same protection as any other citizen. Here are some examples of how an inmate could sustain a prison injury due to a breach of duty of care:

• Custodial staff failed to regularly clean and disinfect the communal areas and sanitation facilities of a prison. From this, diseases were able to spread easily, and inmates caught an infection.
• Prison staff failed to separate a vulnerable prisoner from known violent offenders despite clear risks, which led to the vulnerable prisoner suffering broken teeth. This could lead to a successful claim for a lack of appropriate supervision and failure to protect.

There are other types of inmate accidents that could potentially occur aside from these examples. If you would like to discuss what happened while you were an inmate, please get in touch now.

Accidents As A Prison Officer

Here are some examples of how a member of prison staff could sustain a prison injury at work due to a breach of duty of care:

• A prison officer suffers a head injury during a confrontation because they weren’t trained in de-escalation and restraint techniques. The employer, in this case, would be held liable for failing to provide essential training.
• A prison officer sustains spinal injuries due to a protective vest. The prison service, in this case, would be liable for failing to maintain or provide adequate safety equipment.

These aren’t the only ways a prison officer could sustain injuries. For a full assessment as to whether your prison officer claim has merit, speak to a member of our advisory team.

Members Of The Public Prison Injury Claims

Members of the public may be present in prisons for a variety of reasons, such as visiting inmates or attending meetings.

Here are some examples of how a member of the public could sustain a prison injury due to a breach of duty of care:

• A visitor slips on a wet floor and breaks their ankle in the designated visitor area because no wet floor signs were displayed. In this case, the prison authorities failed to take reasonable steps to prevent a foreseeable hazard, making them liable for the injury.
• A visitor sat on a chair that was broken. Despite multiple reports from other visitors of the defect, the prison had made no effort to repair or replace the chair. From this, the visitor suffered lacerations on their leg.
• A charity worker trips over loose wiring in a prison corridor and suffers a head injury due to a failure to address maintenance hazards and ensure safe access routes for visitors.

These are only a few examples of how you could sustain an injury while visiting a prison. To discuss the exact circumstances of the accident that resulted in your injury, speak to a team member today and they can advise on whether you have good grounds to seek prison accident compensation.

Contractor Prison Accident Claims

Contractors working within prisons could include electricians, caterers, or cleaners, and are owed the same duty of care as other prison employees.

Here are some examples of how a contractor could sustain a prison injury due to a breach of duty of care:

• An electrician receives an electric shock while working on a power unit because the live circuit was not properly isolated or labelled by prison maintenance staff.
• A contractor falls from height while carrying out ceiling repairs after being provided with faulty or unstable ladders, and suffers brain damage. If the equipment supplied was unsuitable or not properly maintained, the responsibility could lie with the prison or the contracting agency for failing to provide safe tools.
• A kitchen contractor suffers burns while working in a poorly ventilated food preparation area that had a known fault with temperature regulation. The prison authorities in this case failed to act on previous reports of the issue.

There are other types of contractor accidents that could potentially occur aside from these examples. So, please contact us and discuss your specific circumstances with us in full.

How Much Compensation Can I Get For A Prison Injury?

The amount of compensation claimants could receive in prison injury claims depends on the severity of the injury and its impact on their life. Compensation is typically divided into two heads of claim: general damages and special damages.

General damages cover the physical and emotional suffering caused by the injury. Factors that can influence the value of general damages include:

• The severity and type of the injury.
• The intensity and duration of physical pain.
• Whether the injury is permanent or temporary.
• The length of recovery time and medical treatment needed.
• The psychological impact, such as trauma or post-traumatic stress disorder (PTSD).
• The effect on your ability to carry out daily tasks or enjoy life.
• Whether multiple injuries were sustained.

The Judicial College Guidelines (JCG) are often used by legal professionals to help value general damages.

Below is a table showing guideline compensation amounts for a range of injuries based on the JCG. These are just examples of some types of injuries that could be suffered from a prison accident. Please keep in mind when viewing this table that these figures are for guidance only and may vary based on your individual circumstances. The top figure is also not from the JCG.

For a more accurate estimate of your prison injury compensation, contact our advisors today for a free, no-obligation case review.

Can I Claim For Special Damages After A Prison Accident?

Yes, you may be able to claim special damages as part of your prison injury compensation claim. While general damages cover your physical and emotional suffering, special damages are equally important because they reimburse you for the financial losses you’ve incurred as a direct result of your injury.

Special damages aim to put you back in the financial position you were in before the accident occurred. They can form a significant part of your compensation claim, particularly in cases involving serious injuries, long recovery periods, or a complete inability to return to work.

Examples of special damages include:

• Loss of earnings if your injury prevented you from working or led to long-term unemployment.
• Medical expenses, including physiotherapy, counselling, private treatment, or prescriptions.
• Travel costs for hospital visits, legal meetings, or rehabilitation appointments.
• Damage to personal property, such as broken glasses, phones, or clothing damaged in the incident.
• Cost of care and assistance if you required help with daily tasks during recovery.
• Future losses, including anticipated medical treatment or future loss of income.

However, in order to claim special damages, you must be able to provide strong supporting evidence. Without this documentation, your claim may be undervalued or certain expenses may not be recoverable. Evidence you may need include:

• Wage slips and employment letters to prove loss of income.
• Receipts and invoices for treatment, equipment or medication.
• Travel tickets or fuel receipts.
• Written statements from carers or family members providing unpaid care.
• Medical reports outlining future care needs.

Contact our team of advisors today to learn how to gather the right evidence and build a strong prison injury claim that covers both general and special damages.

How Can I Start An Accident In A Prison Claim?

To begin the prison injury claims process, you will generally need to start legal proceedings within the standard 3-year time limit, as outlined in the Limitation Act 1980. This time limit typically begins on the date the injury occurred.

However, there are exceptions to this time limit. For example, if the injured party lacks the mental capacity to claim on their own, or if the claim involves a minor who was injured while visiting or detained in a prison, different time limits will apply. Our advisors can explain these exceptions in more detail, so please contact us for this information.

Additionally, to build a strong and successful prison injury claim, you will need to collect evidence that clearly shows negligence occurred. Key evidence you may need includes:

• Accident report logs, typically completed by prison staff or security following an incident.
• CCTV footage or bodycam recordings, if available, showing the incident or its cause.
• Photographs of the accident scene and your injuries.
• Medical records detailing the nature, severity and treatment of your injury.
• Contact details from witnesses who saw the incident occur, such as other inmates, staff, contractors, or visitors.
• Risk assessments or maintenance records to identify any previous safety concerns or unresolved hazards.
• Correspondence with prison authorities, such as complaints or incident follow-ups.

Gathering this evidence can sometimes be challenging, especially within a prison environment where access to information may be restricted. That’s where our panel of solicitors can help. If you are connected with a solicitor through Legal Helpline, they can:

• Submit evidence requests to prison authorities on your behalf.
• Liaise with medical experts to obtain independent assessments.
• Help gather supporting documentation to prove financial losses.
• Ensure all legal procedures are followed within the required time limits.

Having experienced legal representation can significantly improve your chances of making a successful claim and receiving the full amount of compensation you are entitled to. So, if you’ve suffered an injury in a prison and want help getting started, contact us today. We’ll review your case for free and potentially help you connect with a solicitor from our panel.

Can I Make A No Win No Fee Prison Accident Claim?

Yes, you can make a prison injury claim with the support of a solicitor from our panel who will offer you a No Win No Fee arrangement for their services. The specific type of No Win No Fee arrangement they offer is called a Conditional Fee Agreement (CFA).

• A CFA allows you to pursue a claim without having to pay any solicitor fees before the claim begins, or throughout the entire claims process.
• If your claim is successful, a success fee (which is a percentage capped by law and agreed upon before your claim begins), is deducted from your compensation.
• If the claim is unsuccessful, you won’t need to pay your solicitor for their work.

This type of agreement is designed to make the claims process more accessible to individuals who have suffered an injury through no fault of their own, especially those in vulnerable or complex environments like prisons.

To find out if you’re eligible to make a No Win No Fee claim with a specialist solicitor from our panel, contact our expert advisors today for free, confidential guidance.

Why Should I Get Help From Your Advisors?

At Legal Helpline, our team of advisors are here to connect you with a solicitor from our panel who has the expertise and dedication needed to support your prison injury claim from start to finish. With decades of combined experience and specialist knowledge in personal injury compensation, they are well-equipped to guide you through every step of the process.

When you work with a solicitor from our panel, you’ll benefit from a comprehensive service that includes:

• Pursuing your claim on a No Win No Fee basis.
• Access to rehabilitation support such as physiotherapy, counselling, and occupational therapy, where needed.
• Arranging an independent medical assessment to support your claim.
• Assistance with gathering strong evidence, including witness statements and incident reports.
• Clear explanations of legal terminology and procedures so you fully understand your case.
• Skilled negotiation to seek the best possible compensation settlement.
• Managing all communication with the prison service, courts, and other third parties.
• Help applying for interim payments if you’re facing urgent financial difficulties.
• Support with travel costs through taxi accounts in eligible cases.

Our panel of solicitors have helped people across the country claim the compensation they deserve for personal injuries. They are committed to delivering a high standard of client care, ensuring you feel informed, supported, and respected throughout your claim.

Contact Our Advisors To Get Started

Let us help you take the next step. Contact us today at any time to find out how our panel of solicitors can support your prison injury compensation claim:

• Call 0333 0000729
• Fill out our Contact Us page.
• Send a message into our live on-screen chat box.

More Information

Here are some of our other personal injury claims guides:

• What you need to know about your rights as an employee.
• How to make an assault at work claim.
• Learn about public liability insurance.

These other pages might also provide you with useful information:

• Health and Safety Executive (HSE) have put together a guide to Prison Services
• Ministry of Justice webpage about Prison and Probation
• A Government overview on claiming Statutory Sick Pay (SSP)

If you have any enquiries about prison injury claims, we are here to answer any of your questions. Please don’t hesitate to get in touch with us. We’re available around the clock to help answer your questions about claiming prison injury compensation.