While working as a nurse can be rewarding, you’ll also have days where you feel completely exhausted at the end of your shift. Moreover, nursing is a strenuous and stressful role and it’s quite possible for nurses to be injured while working. Importantly, nursing injury claims are sometimes possible if you’ve been injured in an accident that was caused by your employer’s negligence. Whether you are an NHS nurse or work for a private medical firm, this guide will explain your options.
To learn more about claiming for an accident whilst working as a nurse, please continue reading. If you’d rather speak to us straight away, please call us on 0800 6524 881 today.
Table of contents
- Am I Eligible To Claim Compensation For Nursing Injuries?
- Employers’ Responsibilities Towards Nurse’s Health And Safety
- Common Risks That Nurses Face At Work
- How Much Compensation Can Nurses Claim For Workplace Injuries?
- Evidence To Support A Nursing Injury Claim
- Time Limits For Making A Claim
- Starting The Nursing Injury Claims Process
It’s important to point out that some nursing accidents are simply unavoidable and in these cases, you probably wouldn’t be able to pursue a personal injury claim. Therefore, before one of our solicitors can agree to represent you, they will check whether:
- Your employer was negligent in some way; and
- You sustained an injury as a nurse as a result of that negligence.
As we’ll explain shortly, nursing injury claims can be for injuries sustained over a period of time as well as those sustained in accidents. Whatever type of injury you’ve suffered, if you believe you should be compensated, please speak to our team for a no-obligation review today.
As in any other workplace, employers have a legal duty of care towards the nurses that they employ. This means they are legally required to conduct a thorough risk analysis of the workplace and accordingly put measures in place to mitigate these risks. If they fail to do this and you’re injured at work because of their negligence you could file a nursing injury claim for compensation.
Specific safety measures may vary depending on the type of work but in general, employers are required to:
- Provide adequate training to all nurses;
- Develop a reasonable work schedule that allows nurses to get adequate breaks;
- Rotate staff so that all nurses get sufficient time off from work to rest and de-stress;
- Create appropriately designed workstations so there is a place for everything and everything has a place;
- Organise regular refresher courses for nurses, especially on areas such as how to use equipment safely and correct postures to minimise the risk of muscular injuries;
- Inform nurses immediately in case of outbreaks of contagious diseases and educate them regarding preventive measures;
- Provide all nurses with proper personal protection gear.
If your employer failed in their duty of care to you and you are injured as a result of this negligence, you may have cause to file a claim for compensation.
Generally, there are two reasons why nursing injury claims occur: 1) injuries caused by a one-off accident and 2) injuries caused by ongoing situations. Here are some examples:
One-off nursing accident compensation claims could result from:
- Needlestick or sharps injuries.
- Tripping injuries caused by items left lying around in a poorly managed ward.
- Damaged, faulty or poorly maintained medical equipment.
- Improper Personal Protective Equipment (PPE).
- Assaults by patients or their families.
- Slipping injuries from wet surfaces.
You could also claim for nursing injuries sustained over a period of time (if caused by employer negligence). For example, you could claim for:
- Repetitive strain injury from having to perform the same procedures repeatedly without a proper break in between tasks.
- Injuries caused by tiredness because you had to work too many hours or were not allowed proper rest breaks.
- Musculoskeletal injuries and back injuries from work caused by a lack of proper training or having to lift patients on your own.
- Work-related stress because no mental health reviews were carried out by your employer. This could be particularly relevant for nurses working in ICU or Accident and Emergency departments for prolonged periods.
Our personal injury solicitors can help with a nursing injury claim against private medical companies as well as the NHS. That’s the case whether you were injured in a hospital, care home, doctor’s surgery or a patient’s home. To check your options for free, please call and let us know how your injury occurred.
You may think that a personal injury solicitor will just ask for a set amount of money to settle any nursing injury claim. However, there is quite a bit more to it than that. Any claim must be fully justified and every penny accounted for. Therefore, a nursing injury claim could provide compensation for general and special damages including:
- Your physical pain and suffering.
- Any psychological injuries (stress, fear, depression etc).
- Lost income.
- The impact of your injuries on your family and social life (hobbies, activities etc).
- Care costs.
- Remedial medical expenses such as physiotherapy.
- Travel expenses.
- Replacement costs for any damaged personal property.
- Any income reduction in the future caused by long-term injuries.
To help prove how much suffering you’ve endured, you’ll typically need a medical assessment with an independent specialist. Your solicitor can usually arrange this locally. The specialist’s report will explain your prognosis and your solicitor will use this to help determine how much compensation for nursing injuries you may claim.
As you can see, there is plenty to consider before filing a nursing injury claim. If you decide to work with a solicitor from our team, they’ll attempt to secure the maximum compensation possible by reviewing your case in fine detail.
In reality, no two nursing injury claims are the same. That means that until your case has been assessed properly, it’s difficult to suggest how much compensation you might be entitled to. However, our compensation calculator lists some common injuries to nurses and the associated potential compensation range for general damages:
Remember that these figures are for guidance only and you could receive a different amount if your claim is successful.
Whether you claim for a nursing injury against the NHS or a private firm, you’ll need to supply evidence to show what happened if you’re to be awarded compensation. This will need to prove how your employer was negligent, what injuries you sustained and how they’ve affected you.
The types of evidence that could prove useful include:
- Accident report forms. All employers should know the importance of reporting accidents at work and your copy of the report could be used to prove where, when and how you were injured.
- Medical records. Although you may have the medical skills to diagnose and treat your own injuries, it’s a good idea to visit your GP or A&E as well. If you do, your medical records could be used to show the extent of your injuries.
- Witness statement. If anybody else saw your nursing accident occur, your solicitor might ask them to provide details about what happened.
- Emails or text messages. If you raised concerns about your working conditions as a nurse with your supervisor, any correspondence could be used as evidence to support your claim.
- Photographs and CCTV footage. Any accident scene photographs or security camera footage could help to prove the cause of your nursing accident. Also, photographs of your visible injuries could prove useful as well.
- Financial records. If you wish to claim back your expenses or lost earnings associated with your nursing injuries, you should retain any relevant receipts, wage slips and bank statements.
If you have any of the evidence or you would like to check if you have the grounds to make a nursing accident claim, please speak to one of our specialists today.
In the UK, a 3-year time limit exists for work injury claims. For nursing injuries, you’ll therefore have 3 years from:
- The date of your accident; or
- The date your injuries were diagnosed by a doctor (your date of knowledge).
It can be quite helpful to begin your claim as early as you can. This will usually make it easier to secure evidence to support your claim. Additionally, if your injuries are causing financial problems because of reduced income, for example, your employer may pay interim payments to assist you before the claim has been finalised.
We’re here to help if you’ve decided to proceed with a claim. If you call our team on 0800 6524 881 today, we’ll consider your chances during a no-obligation consultation.
If your claim is taken on by one of our solicitors, you’ll benefit from their No Win No Fee service. As a result, you won’t need to pay any legal fees whatsoever unless compensation is awarded. In turn, this should make the claims process much less stressful.
Our live chat team is on hand to answer any further questions about nursing injury claims so please feel free to get in touch.