The work duties that care workers undertake can be varied. They may help clients with washing, dressing and personal care, sit down and have a chat or keep records up to date. As such, care workers face unique challenges and risks in their daily job duties. However, their employers must take reasonable steps to ensure their safety. A failure to do so could result in an accident at work, leading to a carer injury compensation claim.
The advisory team at Legal Expert is available around the clock to answer any questions you have about personal injury claims. As part of our free services, you can have your eligiblity to make a work injury compensation claim checked. If you meet the requirements and wish to proceed with the personal injury team, you could be connected to a No Win No Fee solicitor with specialist experience in accident at work claims.
Key Takeaways
- An estimated 1.59 million people worked in adult social care in England in 2023/24, according to Skills for Life, who are commissioned by the Department of Health and Social Care to provide insight into this line of work.
- Care workers may also be called care assistants, support workers or nursing home assistants.
- As part of their job duties, they may work at an adult care home, a client’s home, or even stay overnight in a service user’s home.
- Carers should be sufficiently trained in a range of situations, from manual handling to de-escalation techniques, depending on the specific risks they face.
Can I Make A Carer Injury Compensation Claim?
Yes, you could be eligible to make a carer injury compensation claim. However, you need to satisfy specific personal injury claims criteria. For an accident at work, this is:
- You must prove that your employer had an obligation to take proper care to prevent foreseeable harm. This is what is known as a duty of care.
- They breached this duty.
- You suffered an injury (or multiple injuries) because of this breach.
The Health and Safety at Work etc. Act 1974 sets the duty of care while you are at work: your employer must take reasonably practicable steps to ensure your health, safety and welfare.
An advisor can assess whether you have good grounds to pursue a compensation claim against your employer. Get in touch today for your free, no-obligation personal injury consultation.
How Much Compensation Can I Get For Being Injured As A Carer?
How much compensation you could be awarded in a care worker injury claim will be affected by the nature of your injuries and whether these resulted in any financial losses. Settlements for personal injury claims may consist of up to 2 types of loss:
- General damages. Under this head of claim, you will be compensated for your physical pain, emotional damage and any loss of amenity.
- Special damages. Under this second head of claim, you could be compensated for any expenses related to your injury.
Those responsible for valuing claims may refer to your medical records in conjunction with documents such as the Judicial College Guidelines (JCG) to help them calculate general damages. The JCG lists different types of injuries alongside guideline compensation brackets. Our table below looks at a few examples from this document, except for the figure in the first row. Please only use it as a guide.
| Injury | Severity | Compensation Guideline |
|---|---|---|
| Multiple, Severe Injuries and Related Costs | Very serious injuries, plus out of pocket expenses, such as nursing costs and lost wages. | Up to £1,000,000+ |
| Brain and Head Injuries | Very Severe | £344,150 to £493,000 |
| Back | Severe (i) | £111,150 to £196,450 |
| Pelvis and Hips | Severe (i) | £95,680 to £159,770 |
| Hand | Amputation of Index and Middle and/or Ring Fingers | £75,550 to £110,750 |
| Knee | Severe (ii) | £63,610 to £85,100 |
| Ankle | Severe | £38,210 to £61,090 |
| Arm | Less Severe Injury | £23,430 to £47,810 |
| Wrist | Less Severe | £15,370 to £29,900 |
| Shoulder | Serious | £15,580 to £23,430 |
One of the advisors from our team could provide you with a more accurate estimate of how much compensation you could be awarded for your carer accident claim.
Can I Be Paid For Financial Losses As A Result Of My Carer Injury?
Yes, as stated above you can be compensated for your financial losses that occurred as a result of your injury. However, you will need to submit proof of these costs, such as payslips and receipts.
Examples of special damages that could be recovered as part of your carer injury compensation claim include:
- Loss of earnings, including pension contributions, or the difference between your wage and Statutory Sick Pay.
- Home adaptations, including ramps, railings and other items to accommodate a new disability.
- Medical expenses.
- Domestic support, such as childcare and cleaning.
- Travel costs.
Speak to an advisor to discuss what special damages may apply in your specific circumstances. They can also advise on what proof you will need of these.
I Was Assaulted Whilst Working As A Carer, Can I Claim Compensation?
Yes, you can claim compensation, but you will need to prove that your employer was vicariously liable for your injuries. This means that your employer would have failed to comply with relevant health and safety legislation as discussed above. For example, they may have carried out risk assessments that showed the client was prone to violence but failed to take steps to mitigate the risks.
I Was Assaulted As A Carer, But My Employer Was Not Responsible
You can still claim compensation if you were assaulted at work, if your employer was not responsible. However, your claim may be made through the Criminal Injuries Compensation Authority (CICA). The eligibility to claim through the CICA is different from making a personal injury claim. The CICA will ask for:
- A police reference number. This allows the CICA to liaise with the police and gather any evidence they need of the crime occurring. However, you do not need to wait for a perpetrator to be convicted, or even identified and caught, to start your claim.
- Medical evidence. In order to be compensated, you must have been injured during a crime of violence.
- Proof that you meet the residency requirements.
Additionally, your criminal injury compensation claim must be made through the CICA within 2 years of the attack. This is unless exceptional circumstances apply. Furthermore, the incident must have occurred within Great Britain or another relevant location (such as a boat registered in Great Britain).
An advisor can discuss whether your carer injury compensation claim should be made through the CICA. Call today to find out more.
Why Might My Employer Not Be Responsible?
Your employer might not be responsible if they carried out appropriate risk assessments and mitigated any risks of violence that were identified.
An example of your employer not having liability would be: if they carried out all necessary risk assessments, the client showed no signs of violence, and you were still assaulted.
How Much Could I Claim Through The CICA?
How much you could claim through the CICA will be affected by your injuries and whether you are entitled to special expenses (the costs of certain items that are necessary and can’t be obtained for free elsewhere) and loss of earnings. One of our advisors can discuss how much you could claim through the CICA and explain whether you are entitled to special expenses and loss of earnings. Call today to find out more.
To decide how your injuries are valued, the CICA will refer to the tariffs found in the Criminal Injuries Compensation Scheme 2012. We’ve provided a few examples in the table below. However, the first figure is not from the Scheme. Also note that this table is only intended as a guide.
| Injury | Severity | Tariff |
|---|---|---|
| Multiple Injuries, Special Expenses and Loss of Earnings | Very Severe | Up to £500,000 |
| Brain Damage | Very Serious Brain Injury With Some Degree of Insight | £250,000 |
| Brain Damage | Very Serious Brain Injury With Little Insight or Significant Life Expectancy Reduction | £175,000 |
| Leg | Loss of Both Legs | £110,000 |
| Arm | Paralysis or Equivalent to Both Arms | £82,000 |
| Hand | Loss of Both Thumbs | £55,000 |
| Kidney | Serious and permanent damage to, or loss of, both (or remaining kidney) | £55,000 |
| Pelvis | Fracture causing continuing significant disability | £11,000 |
| Ankle | Fracture/dislocation causing continuing significant disability | £11,000 |
| Face | Multiple Fractures | £11,000 |
What Carer Accidents And Injuries Can Compensation Be Claimed For?
Carer injuries that can be claimed for include:
- Manual handling injuries, such as a back injury, could occur due to lack of training.
- Assaults, which can result in broken bones and permanent scars, can occur if risks of violence aren’t appropriately mitigated.
- Burns and scalds, leading to tissue damage and permanent scars, if the carer is responsible for making hot food and drinks and not sufficiently trained in doing so.
- Slips, trips and falls due to poor housekeeping policies can cause injuries such as a fractured wrist or broken ankle.
- Needlestick injuries can also occur if untrained staff handle sharps or if appropriate sharps disposal isn’t provided. These can cause an infection as well as nerve damage.
- Contact dermatitis can also occur due to a lack of personal protective equipment (PPE).
- Lifting injuries can occur due to insufficient staffing levels, leading to strained and pulled muscles. For example, if a client needs two carers to lift them, but only one is available.
These are only a few examples of the injuries that you could suffer as a carer. To discuss the incident that caused your injuries and for a free assessment as to whether you are eligible to make a carer injury compensation claim, get in touch with an advisor.
What Evidence Will I Need To Prove Negligence In A Carer Injury Compensation Claim?
Examples of evidence that could be used to prove negligence (breach of duty and the injury this caused) in a carer injury compensation claim include:
- Accident log book.
- Training records.
- Inspection reports.
- Medical records.
- Witness contact information (so they can give statements later).
- Video footage.
- Accident scene photos or pictures of your injuries.
A friendly advisor can discuss what evidence might apply to your specific carer accident claim. Get in touch today to learn more about gathering evidence and how a solicitor can help you on a No Win No Fee basis.
How Long Will I Have To Bring A Claim After A Carer Accident?
You will generally have 3 years from the date of your carer accident to start your personal injury claim. This time limit is set by the Limitation Act 1980. However, in certain circumstances, an injured party may not be able to manage their own claim:
- Minors under the age of 18.
- Those without the mental capacity to manage the claims process.
In these cases, the limitation period is suspended until the injured party:
- Turns 18.
- Regains their mental capacity.
This gives them 3 years from that date to start a claim. However, a litigation friend can be appointed to manage the claim for them. Tasks associated with being a litigation friend may include communicating the injured party’s wishes to their solicitor and acting in their best interests.
Contact a friendly advisor from our team to find out if you are still within the time limit to start your claim or to discuss being appointed as a litigation friend.
Can I Make A No Win No Fee Carer Injury Claim?
Yes, if you meet the eligibility requirements, you can make a carer injury compensation claim with the support of one of our No Win No Fee solicitors. One of our solicitors can help by:
- Guiding you through the personal injury claims process.
- Ensuring that you have sufficient evidence to support your accident at work claim.
- Making sure that all of your damages are accounted for and negotiating for a settlement that reflects them.
- Explaining any legal jargon that comes up.
- Keeping you informed of the progress of your claim.
- Connecting you with any specialist medical support that you may not ordinarily have access to.
- Communicating with your employer’s insurers and solicitors.
When we say that the solicitors at Legal Expert provide a No Win No Fee service, we mean that:
- You won’t be asked to pay a solicitor’s fee when they agree to take on your case.
- There also won’t be a solicitor’s fee while your claim is ongoing.
- You won’t need to pay a solicitor’s fee if your claim is not successful.
- If your claim is successful, your solicitor will take a success fee out of your compensation. This is a percentage that is limited by the Conditional Fee Agreements Order 2013 (the legislation which our solicitors use to provide their No Win No Fee services).
Get Help From Legal Expert
Legal Expert advisors are available 24 hours a day, 7 days each week to answer your questions about claiming for injuries suffered as a care worker. As part of our free services, an advisor will assess whether you have a valid carer injury compensation claim and if you do, you could be connected to one of our personal injury solicitors.
To speak to a team member:
- Fill out our contact us form.
- Call 0800 073 8804
- Ask about carer accident claims in our live chat.
Learn More
Here are a few more guides that you might find helpful:
- Advice on how to make a finger injury claim.
- Learn about burn injury claims.
- Further information about the CICA and criminal injury claims.
Some external websites that could be useful:
- Safety Information for Health and Social Care Jobs from the Health and Safety Executive.
- Statutory Sick Pay overview from the government.
- Learn when to call 999 with this NHS guide.
Thank you for reading our guide about making a carer injury compensation claim. Speak to a friendly advisor now about getting your claim started.