If you work as a care worker and have suffered an injury at work that wasn't your fault, you could be entitled to claim compensation.
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Carer Accident Claims
If you were injured while doing care work and another party was at fault, you may be entitled to make a carer accident claim. A successful claim will cover your pain and suffering, as well as any related financial losses, such as time off work and medical expenses.
As a carer, you are protected by several health and safety regulations that aim to ensure you are as safe as possible from workplace injuries. When these regulations are breached, accidents can occur, such as manual handling injuries, physical assaults and slips, trips and falls.
This guide provides information about common care worker injuries, how to make a claim, and how much compensation you may be entitled to.
Call 0800 470 0472 today or request a call back to get free advice from a specialist solicitor and find out if you have a valid claim.
Key points about carer accident claims
- Eligibility: You may be eligible to claim if you were injured while working as a carer due to unsafe conditions or lack of support.
- Employer Obligations: Employers must provide carers with appropriate training, equipment, and a safe working environment to minimise the risk of injuries.
- Time Limit: You generally have 3 years from the date of the accident or injury to start your claim, although some exceptions can apply.
- Compensation: Can cover physical and mental injuries, lost earnings, and care costs depending on the severity and impact of the injury.
- No Win, No Fee: Your solicitor will act on a no win, no fee basis — you only pay a fee if your claim is successful.
Table of Contents
What does a care worker do?
Care workers help people who are mentally or physically disabled, elderly or otherwise vulnerable with their daily living. They are essential for preserving the independence, well-being and dignity of those in need of a carer by helping with:
- Personal care, such as bathing, dressing, grooming, and toileting.
- Medication and monitoring health conditions.
- Companionship, emotional support and reassurance.
- Moving around safely, within the home and outside.
- Organising and taking people to appointments.
- Household tasks such as cleaning, cooking and laundry.
Carers can work in various settings, such as residential care homes, private homes, hospitals, and clinics. They are expected to possess a range of skills and qualities, such as a strong desire to help and care for others, patience, resilience and physical stamina.
What is a care worker accident claim?
A care worker accident claim is a type of personal injury claim that carers can make if they are injured while doing their job. Carers often work in higher-risk environments compared to other professions, and may suffer physical, emotional and psychological injuries as a result of workplace negligence.
A claim can be made by:
- Professional carers.
- Agency and temporary carers.
- Volunteer carers.
- Zero-hour contract carers.
- Self-employed carers.
Am I eligible to make a carer accident claim?
Yes. You may be entitled to personal injury compensation if you were injured while carrying out your work duties.
Anyone working as a carer knows it is physically and mentally demanding. Unfortunately, this means you could suffer various accidents and injuries that could affect your work and daily life and cause financial strain.
If you are a carer injured at work, you could claim compensation for your losses if:
- Another party owed you a duty of care.
- They breached this duty by acting negligently and causing an incident or accident.
- You suffered injuries and other losses as a result within the last three years.
A personal injury solicitor can confirm your eligibility within minutes during a free, no-obligation case assessment.
Who is responsible for a carer’s injury claim?
Whether you work in a care home, hospital, residential home or in another setting, your employer owes you a legal duty of care under the Health and Safety at Work Act 1974. This duty means they must take all reasonable measures to keep you safe from injuries, including:
- Conduct risk assessments to identify potential ways in which you could be injured.
- Maintain a safe working environment to mitigate the risk of slips, trips, falls and other accidents.
- Provide adequate training on how to lift and move patients safely.
- Provide the correct personal protective equipment (PPE) for specific tasks.
- Regularly inspect and maintain equipment.
- Ensure adequate staffing and sufficient breaks to prevent overexertion and burnout.
If you are injured as a carer due to a breach of duty of care, you may be entitled to make a workplace accident claim against your employer.
Is there a time limit to start a carer injury compensation claim?
Under the Limitation Act 1980, you typically have up to three years to make a claim, starting from the date of the accident or from the date of knowledge of your injury. A few exceptions apply to the 3-year time limit:
- If your injury developed over time due to manual handling, the three years begin from the date you received a diagnosis.
- If the injured party lacks the mental capacity to handle a claim, there is no limitation period for a litigation friend to claim on their behalf.
- You generally have two years to start a criminal injury claim if you were the victim of an assault.
We advise you to start the claims process as soon as possible while the accident details are still fresh in your mind. This will ensure better access to evidence and any specialist treatment you may need for your injuries.
How do I make a claim for injuries as a carer?
If you want to start a claim, the first thing you should do is get in touch with a specialist carer accident solicitor. They will review your case during a free consultation and, if you have grounds to proceed, they will guide you through the claims process. The main steps are:
- Work out who was responsible for your accident and injuries.
- Gather evidence to prove how the accident occurred and how it has affected your life.
- Assess the full extent of your injuries and your future care needs.
- Work out your compensation award based on the available evidence.
- Send a claim notification form to the defendant to inform them of your allegations.
- Engage in negotiations with the other party if they admit liability.
- Issue court proceedings and argue your case in court if they deny liability.
If you make a successful claim, you should receive your carer accident compensation award within four weeks of an agreement being reached.
How much compensation could I claim as a carer injured at work?
The compensation you could receive in a care worker accident claim will depend on the severity of your injuries and their impact on your life. Your settlement will include two types of damages:
Special damages cover financial losses and expenses incurred due to the accident, such as:
- Prescriptions and private medical care.
- Ongoing rehabilitation, physical therapy or occupational therapy.
- Loss of earnings and reduced earning capacity.
- The cost of care and assistance needed due to the accident.
General damages cover the harm you suffered and its subjective impact on your life:
- Physical pain and discomfort.
- Psychological impact, such as anxiety or post-traumatic stress disorder (PTSD).
- Scarring and disfigurement.
- Inability to engage in hobbies and social activities (loss of amenity).
While special damages are based on evidence such as bills and receipts, general damages are based on the guidelines from the Judicial College 18th Edition. Examples of the range of compensation you could receive for general damages, depending on the nature of your injuries, include:
| Injury Type | Description | Compensation |
|---|---|---|
| Back Injuries | Back injuries causing chronic conditions and permanent disabilities | £51,000 - £92,000 |
| Neck Injuries | A moderate neck injury causing spondylosis, serious movement limits, permanent or recurring pain and possible further surgery | £18,000 - £33,000 |
| Wrist Injuries | A wrist injury causing some permanent disability, such as ongoing pain and stiffness | £17,000 - £32,000 |
| Hip And Pelvis Injuries | A hip or pelvis fracture or significant soft tissue injury with minimal or no long-term disability | £5,200 - £17,000 |
| Dermatitis And Other Skin Conditions | Dermatitis affecting one or both hands for a significant period, improving with treatment and/or protective gloves | £11,000 - £15,000 |
| Hernia Injuries | A direct inguinal hernia with risk of recurrence after repair | £9,300 - £12,000 |
| Shoulder Injuries | A minor shoulder injury recovering fully within 1-2 years | £5,800 - £10,000 |
| Hand Injuries | A minor hand injury recovering within six months, such as fractures | Up to £6,300 |
You can find more examples of compensation awards by visiting our online compensation calculator. You can also call 0800 470 0472 today or request a call back for free legal advice.
Can I make a carer accident claim with a No Win No Fee service?
If you have grounds to make a claim, your solicitor will be happy to offer you a no win no fee agreement. This service is the preferred way to hire legal representation, as there are no upfront fees, so you can seek justice regardless of your financial situation.
Your lawyer will only receive a success fee if they manage to secure compensation for your injuries. This fee is capped at 25% of certain parts of your compensation and will be agreed upon from the beginning. You do not have to pay them the success fee if your claim is unsuccessful.
Frequently Asked Questions
- Take photographs of the scene before anything is moved, cleaned or repaired.
- Take pictures of any visible injuries immediately after the accident and during recovery.
- If any CCTV cameras captured the incident, request a copy of the footage before it is deleted.
- Make sure the incident is logged into your employer’s accident book, and ask for a signed copy.
- Request a copy of a formal report from the Health and Safety Executive (HSE), if available.
- Make a note of any witnesses to the incident for a future statement.
- Seek prompt medical attention to have your injuries assessed and treated.
- Keep all evidence related to the financial losses and expenses resulting from your accident.
- Slip, trip and fall accidents due to hazards such as wet floors and uneven pavements.
- Manual handling injuries while lifting or moving patients.
- Falls from a height when using a ladder to reach a high place.
- Needlestick accidents due to improper disposal or handling of used needles.
- Exposure to hazardous substances due to a lack of PPE.
- Vehicle accidents while transporting patients.
- Accidents caused by faulty equipment, such as malfunctioning lifts or wheelchairs.
- Physical assaults by patients or their family members.
This list is not exhaustive, and you can suffer various other accidents as a carer. If you were injured through no fault of your own, an experienced solicitor can help you claim compensation.
- Sprains and strains.
- Fractures and dislocations.
- Cuts and laceration injuries.
- Needlestick injuries.
- Burns and scalds.
- Bite wounds from patients.
- Respiratory issues such as asthma.
- Back injuries like herniated discs.
- Repetitive strain injuries.
- Head injuries.
- Psychological injuries, such as stress, anxiety and depression.
No matter the harm you suffered, if it was due to someone else’s negligence, you may be eligible to make a care worker injury compensation claim.
Most assaults happen during routine care activities, such as dressing, bathing or giving medication. These include kicking, biting, hair-pulling, punching, being pushed over, verbal insults and having objects thrown. This can lead to serious physical and psychological injury.
Your employer had a duty to assess the potential risks of you getting attacked and take steps to reduce them. They should:
- Have policies in place for dealing with aggressive residents.
- Ensure you receive training on how to spot and defuse violent behaviour.
- Ensure you are able to protect yourself and call for assistance if an incident occurs.
If your employer took all reasonable measures to protect you and you were still assaulted, you might be able to make a criminal injury claim through the Criminal Injuries Compensation Authority (CICA).
It is completely understandable to feel uncomfortable about making a claim against a charity organisation. However, all organisations that engage volunteers must hold valid liability insurance. If you win the claim, their insurer will pay you, and the charity will not be left out of pocket.
Start the claims process with an experienced solicitor today
Making your claim with the help of a specialised lawyer can improve your chances of success and brings various benefits. Your solicitor will:
- Offer you a no win no fee service.
- Manage the entire claims process on your behalf.
- Know exactly how much your claim is worth.
- Conduct all communication with the other party on your behalf.
- Help you gather evidence to support your claim.
- Arrange for an independent medical exam.
- Keep you informed with regular updates.
- Negotiate the highest compensation amount possible.
If you would like to start a care worker claim right away or learn more about your legal options, call 0800 470 0472 for a free case review. Alternatively, use our online claim form to request a call back.
