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How To Make A Care Worker Injury Compensation Claim
A No Win No Fee solicitor could help you make an accident at work claim for care worker injury compensation.
£85 million in compensation
How To Make A Care Worker Injury Compensation Claim
A No Win No Fee solicitor could help you make an accident at work claim for care worker injury compensation.
Can I Make A Care Worker Injury Compensation Claim?
Care workers may face risks from their role. However, when these risks cannot be removed entirely, the employer needs to take reasonable steps to reduce them. When these reasonable steps aren’t taken and an injury occurs, you may be entitled to make a care worker injury compensation claim.
Key Takeaways
- A care worker supports vulnerable people with their daily activities to help them live as independently as possible.
- Care assistants or support workers may help vulnerable clients in their own homes or in a facility such as a care home.
- Nursing home assistants are care workers who provide support to senior staff in care or nursing homes.
- Health and Safety Executive (HSE) published statistics on the 20th November 2024 that state an estimated 79,000 human health and social work injuries (non-fatal) were reported to the Labour Force Survey between 2021/22 and 2023/24.
The solicitors at JF Law can take on accident at work claims on a No Win No Fee basis. If you’ve suffered injuries as a care worker, get in touch with one of the advisors from our team. They can assess your carer injury compensation claim and if it seems valid, connect you to one of our solicitors. To speak to an advisor now:
- Call 0151 375 9916
- Contact us online for a call back.
Can I Make A Care Worker Injury Compensation Claim?
Yes, you could be eligible to make a care worker injury compensation claim if you satisfy the eligibility requirements. You will need to prove that:
- Your employer owed you a duty of care (this means that they were legally obligated to take reasonable care regarding your safety).
- They breached this duty.
- You sustained one or more injuries due to the breach.
While carrying out work-related duties, your employer owes you a duty of care under the Health and Safety at Work etc. Act 1974. This act states that they must ensure, as far as reasonably practicable, the health, safety and welfare at work of their employees.
If you sustained injuries as a care worker, speak to an advisor to find out if you could move forward with a claim for personal injury compensation. The advisory team is available 24 hours per day.
What Types Of Accidents Can A Care Worker Injury Claim Cover?
Workplace accident data for health and social care is recorded under RIDDOR (The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013). This system, run by the Health and Safety Executive (HSE), keeps track of serious non-fatal injuries and incidents in the UK.
Here are the most common types of non-fatal accidents care workers experience, based on RIDDOR data from 2021/22 to 2023/24:
- Slips, trips and falls (29%) – Almost a third of reported injuries happened this way, leading to problems like broken ankles, sprains, or head injuries.
- Violence at work (26%) – Just over a quarter of injuries came from assaults, ranging from minor bruises to serious harm such as broken bones or brain injuries.
- Lifting and carrying (21%) – About one in five cases were linked to moving patients or heavy objects without proper training, often resulting in back or muscle injuries.
- Being hit by objects (5%) – A smaller number of reports involved care workers being struck by moving or falling objects, which can cause head injuries or damage to the hands and wrists.
If you’ve been injured in any of these ways while working as a care worker, you may be entitled to make a compensation claim.
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The Average Care Worker Accident At Work Compensation
To arrive at a figure for the average care worker compensation, you would first need to know how many claimants were successful in any given year and then what the total settlement figure across all claims was. From here, you would divide this total figure by the number of claimants.
Each of these settlements will generally consist of up to 2 types of losses:
- General damages for the physical pain and mental suffering caused by the accident.
- Special damages, which are awarded to compensate for the out-of-pocket expenses caused by the injuries.
To help value general damages, legal professionals and others responsible for valuing claims may use documents such as the Judicial College Guidelines (JCG), which provide a list of potential compensation brackets for different injuries. In our table below, we provide a few figures from the JCG, except for the top row. Please only use this table as a guide.
JCG Compensation Table
| Injury | Severity | Notes | Compensation Guideline |
|---|---|---|---|
| Multiple Injuries and Related Expenses | Very Severe | Several severe injuries and Special Damages awarded for care, medical treatment and lost income. | Up to £1 million or more |
| Brain and Head | Very Severe | Severe cognitive and physical disabilities, which include little or no meaningful responses, double incontinence and little or no language function requiring nursing care on a full time basis. | £344,150 to £493,000 |
| Paralysis | Paraplegia | Awards consider pain presence and extent, independence, depression, age and life expectancy. | £267,340 to £346,890 |
| Neck | Severe (ii) | Injuries involving serious fractures or damage to discs in the cervical spine. | £80,240 to £159,770 |
| Back | Severe (iii) | Chronic conditions caused by disc lesions, fractures or soft tissue injuries. Disabilities (such as severe pain and impaired sexual functioning) remain despite treatment. | £47,320 to £85,100 |
| Arm | Permanent and Substantial Disablement | Serious fractures of 1 or both forearms that cause a significant and permanent residual disability. | £47,810 to £73,050 |
| Hand | Less Serious Hand Injury | One such injury is a severe crush that causes significantly impaired function without future surgery. | £17,640 to £35,390 |
| Less Serious Leg Injuries (i) | Incomplete fractures or soft tissue injuries | Fractures from which an incomplete recovery is made, such as being left with a metal implant and impaired mobility. Soft tissue injuries of a serious nature that result in significant cosmetic deficit, functioning restriction and some nerve damage. | £21,920 to £33,880 |
| Knee | Moderate (i) | Mild future disability from dislocation, torn cartilage or meniscus. | £18,110 to £31,960 |
| Foot | Moderate | Permanent deformity and continuing symptoms from displaced metatarsal fractures. | £16,770 to £30,500 |
Can I Be Awarded Special Damages For A Workplace Care Worker Accident?
Yes, special damages may be included in your carer accident compensation. You could recover out-of-pocket expenses associated with:
- Loss of earnings.
- Domestic help, such as with cleaning or childcare.
- Nursing or caring costs.
- Home adaptations.
- Mobility aids.
- Medical costs.
Be sure to keep any documentation, such as receipts and invoices, to prove these costs.
An advisor from our team can help value your care worker injury compensation claim. They can also advise on what evidence you would need to prove your special damages.
Claiming After Being Attacked Whilst Working As A Carer
Yes, you can claim if you were attacked whilst working as a carer. You will need to prove that the incident was not your fault and that your employer failed to take reasonable steps to prevent the assault. For example, they may not have carried out risk assessments that would have identified potentially violent service users. If one of these clients then assaulted you, you could be eligible to claim compensation.
What If My Employer Is Not Responsible?
If you’ve been attacked whilst working as a carer, your claim may be made through the Criminal Injuries Compensation Authority (CICA). The CICA pays compensation to those injured because of a crime of violence in Great Britain. However, claiming in this way is a last resort.
Eligibility requirements and evidence for making CICA claims are different to those of making a traditional personal injury claim:
- You must have been injured in a crime of violence.
- The incident must have taken place in England, Wales, Scotland or another relevant location.
- The incident must have been reported to the police.
- You generally must claim within 2 years of the date that the incident occurred if you are 18 or older at the time of the assault.
The CICA will ask for:
- Your police reference number.
- Proof of meeting the residency requirements.
- Medical evidence.
You must be able to prove that your employer was not vicariously liable for the assault at work. For example, your employer had no way of predicting the assault and took all precautions to prevent injuries caused by crimes of violence.
How Much Compensation Would I Get Claiming Through The CICA?
If you make a successful criminal injury claim through the CICA, your compensation will be valued in a different manner to that of claiming directly against your employer. The CICA will assign value to your injuries in accordance with the tariffs found in the Criminal Injuries Compensation Scheme 2012.
Our table below provides a few examples of the tariffs found in the Scheme, except for the top figure. That figure was not taken from the Scheme and instead shows how you can be compensated for your special expenses as well. Please only use this table as a guide. Each claim is different and various factors will affect the compensation awarded.
Compensation Scheme 2012 Table
| Injury | Notes | Tariff |
|---|---|---|
| Multiple Injuries and Special Expenses | The CICA may also compensate for special expenses, such as equipment to cope with your injuries, supervision and care costs if they relate to your bodily functions. Additionally, if you meet the requirements, you can claim for loss of earnings. | Up to £500.000 |
| Quadriplegia/tetraplegia | Substantially complete impairment in motor or sensory function to both the upper and lower limbs. | £250,000 |
| Very serious brain injury | Little insight or significant reduction in life expectancy, severe physical limitation and effect on the senses. | £175,000 |
| Loss of sight | Both eyes | £110,000 |
| Loss of Arm | One arm lost with no remaining arm or hand with useful function. | £82,000 |
| Kidney | Serious and permanent damage or loss of both or only functioning kidney. | £55,000 |
| Loss of leg | One leg lost above the knee. | £44,000 |
| Severe damage to both legs | This causes continuing significant disability. | £16,500 |
| Fractured or dislocated hips | Fractures/dislocations to both hips causing significant continuing disability. | £16,500 |
| Dislocated or fractured elbow | Both elbows are fractured or dislocated and this causes continuing significant disability. | £11,000 |
To further discuss making a criminal injury claim for an assault at work, please speak to an advisor.
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How Long Is The Care Worker Injury Compensation Claim Time Limit?
You generally will have 3 years from the date of the accident to start a personal injury claim as set out in the Limitation Act 1980. However, there are exceptions for:
- Minors under the age of 18.
- Those with reduced mental capacity.
You can find more information on our page on the personal injury claim limitation period.
A member of our advisory team can assess whether you are still within the time limit to start a care worker injury compensation claim.
How Can I Prove Liability In A Care Worker Accident Claim?
To prove liability in a care worker injury compensation claim, you will need to collect evidence. This could include:
- Accident book.
- Medical records.
- Witness contact information.
- Video footage of the accident.
- Photographs of your injuries, the accident scene or anything else that is relevant.
- Inspection reports.
Speak to an advisor for further advice about items you could gather to support your claim for personal injury compensation.
What A No Win No Fee Solicitor Can Do To Help My Claim?
A No Win No Fee solicitor will help with your personal injury claim by:
- Ensuring all paperwork connected to your claim is filed on time.
- Making sure all your damages are accounted for.
- Gathering evidence.
- Contacting any witnesses for statements.
- Negotiating an appropriate settlement with the defendant.
Additionally, one of our No Win No Fee solicitors can:
- Connect you with any rehabilitation facilities that you may not normally have access to.
- Arrange for an interim payment to help with any immediate expenses.
- Ensure that you receive an independent medical assessment as local to you as possible to make sure that all of your injuries are accounted for.
- Provide specialist advice and support throughout the claims process.
- Making sure that all of your special damages are accounted for and proven.
Our solicitors will do all of this and more under a Conditional Fee Agreement. When your solicitor provides their work under this type of agreement, they:
- Won’t charge for their services upfront or as the claim progresses.
- Don’t take a solicitor’s fee for a claim that is unsuccessful.
- Only charge a small percentage of the compensation if the claim succeeds. This is called a ‘success fee’ and the law caps the percentage.
Contact JF Law
The JF Law advisory team is available to answer any questions you have about making a care worker injury compensation claim. To speak to an advisor:
- Call 0151 375 9916
- Contact us online for a call back.
Learn More
Here are a few more guides from JF Law:
- Advice on making serious injury claims.
- Learn how to make a psychological injury claim if you’ve suffered from any mental health conditions due to an accident at work.
- Everything you need to know about multiple injury claims.
Some external resources that might help you:
- Information about care home ratings and scores from the Care Quality Commission (CQC).
- Government overview of Statutory Sick Pay (SSP).
- Guidance on care provided in people’s own homes from the Health and Safety Executive.
Thank you for reading our guide to making a care worker injury compensation claim. Please speak to one of our personal injury advisors about starting your No Win No Fee claim today.
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