Healthcare Workers Injury Claims

COMMON INJURIES SUFFERED BY HEALTH SECTOR EMPLOYEES

Many healthcare professionals are prone to work injury, including:

• GP's
• Surgeons
• Doctors
• Nurses
• Paramedics
• Hospital orderlies
• Home help staff
• Pharmacy technicians
• Dental technicians
• Physical therapists

There are all kinds of risks that these, and any other professionals in healthcare, can be exposed to in their workplace, ranging from the minor to the very serious. We have handled compensation claims including:

• Sprains from heavy lifting
• Cuts from needles and other sharp objects
• Assaults by members of the public
• Injuries from faulty equipment
• Slips, trips and falls
• Infections
• Head injuries
• Broken bones and fractures
• Injuries caused by a lack of training or adequate equipment
• Injuries caused by performing a role you were not trained to do
• The spreading of blood-borne diseases, such as HIV/AIDS or Hepatitis B or C

What type of compensation claims can healthcare workers typically make?

Healthcare workers face a wide range of risks in the workplace that can potentially lead to injuries and the subsequent need for compensation. Here are some types of compensation claims that healthcare workers typically make:

• Manual handling and lifting injuries: injuries resulting from lifting heavy equipment or patients, which is a common risk in the healthcare sector.
• Exposure to harmful substances: healthcare workers are often exposed to harmful substances, such as certain drugs, chemicals, or diseases. Claims can be made for injuries or illnesses resulting from this exposure.
• Needlestick injuries: injuries that occur when healthcare workers are accidentally pricked by a needle used on a patient. Compensation claims can be made if they have contracted a disease or infection as a result.
• Assault claims: physical or verbal assaults by patients or relatives. Compensation claims can be made for physical injury and psychological trauma resulting from these incidents.

Each claim is unique and the amount of compensation that you may be entitled to will depend on the specific circumstances and severity of your injury.

What are the legal requirements for a compensation claim in the healthcare industry?

The legal requirements for making a compensation claim in the healthcare industry are largely the same as in other industries. The key elements that must be satisfied are as follows:

• Duty of care: it must be demonstrated that your employer or the person responsible for your injury owed you a duty of care. In the healthcare industry, employers have a legal obligation to ensure the health, safety, and welfare of their employees.
• Breach of duty: there must be evidence that your employer breached this duty of care. This could include failing to provide adequate training, not maintaining equipment properly, or not implementing safe systems of work.
• Causation: it must be shown that the breach of duty caused your injury or illness. In other words, you need to demonstrate that your injury would not have occurred if the employer had not breached their duty of care.
• Damage or loss: you must have suffered some form of damage or loss as a result of your injury. This can be physical or psychological harm, and can also include financial losses such as loss of earnings or medical expenses.

How long do I have to file a compensation claim after the incident occurred?

For personal injury claims, you generally have three years from the date of the incident to file a compensation claim. This is known as the 'limitation period'. If you do not initiate legal proceedings within this time frame, you may lose your right to claim compensation.

However, there are some exceptions to this rule:

1. Date of knowledge: if you only realised you were injured or ill as a result of the incident some time after it occurred, the three-year time limit might start from this 'date of knowledge' instead. This often applies to cases involving conditions that develop over time, such as repetitive strain injury.
2. Mental Capacity: If the person who was injured lacks mental capacity, there may be no time limit to bring a claim.

There is also an exception that applies to children, but this will most likely not be relevant for your workplace claim.

Given the importance of these time limits, you should seek legal advice as soon as possible after you have been injured.

What is the process for making a compensation claim?

Filing a compensation claim involves several key steps. Initially, you will have a consultation with a solicitor, during which you will discuss the circumstances surrounding your accident and injury. Your solicitor will use this information to determine whether you have a viable claim.

If you proceed with a claim, your solicitor will conduct a thorough investigation. This will involve collecting evidence, such as medical records, photographs and witness statements, and possibly arranging for a medical examination to assess your injuries.

Your solicitor will then send a 'letter of claim' to the party believed to be responsible for your accident (usually your employer or their insurance company). This letter outlines the details of your accident and the nature of your injuries.

The party at fault has a period of time (usually three months) to investigate and respond to your claim. They can either accept liability or deny it. If they accept liability, your solicitor will negotiate with them to reach a settlement. If they deny liability, your solicitor may need to take further action.

Your solicitor will negotiate with the other party or their insurer to agree on the amount of compensation. If an agreement can be reached, you will be awarded a settlement. If an agreement cannot be reached, your solicitor may advise taking the case to court.

If your case goes to court, a judge will decide on liability and the amount of compensation you should receive.

After a settlement is agreed upon or a court verdict is given, the compensation awarded will be sent to your solicitor, who will arrange for it to be transferred to you, minus any agreed legal fees.

What kind of evidence or documentation do I need to support my compensation claim?

An essential component of making a successful personal injury claim includes gathering as much evidence as possible relating to the incident and the injuries sustained. This evidence might include:

• Medical records: these provide proof of your injuries and the treatment you have received. They will often include details about your prognosis and any future treatment you might need.
• Accident report: if the accident was recorded in an accident report book at work or was reported to a governing body, such as the Health and Safety Executive (HSE), a copy of this report can provide key evidence about the circumstances of the accident.
• Photographs: photos of the accident site, your injuries, or any equipment involved can help to illustrate what happened and the severity of your injuries.
• Witness statements: statements from colleagues or anyone else who witnessed the accident can provide additional evidence to support your claim.
• Financial evidence: keep records of any expenses incurred as a result of your injury. This includes loss of earnings, medical expenses, travel costs to medical appointments, and any other costs related to your injury

How long does it typically take to resolve a compensation claim in the healthcare industry?

The length of time it takes to resolve a compensation claim in the healthcare industry can vary widely. It depends on several factors, including the severity of your injury, the complexity of the case, whether liability is disputed, and how quickly evidence can be gathered.

In straightforward cases where liability is not disputed, a claim might be resolved in a few months. However, more complex cases, especially those involving serious injuries or disputes over who is at fault, can take several years to reach a resolution.

Will I need to attend court or give a testimony as part of the compensation claim process?

In most personal injury cases, it is not necessary to attend court. Many cases are settled through negotiations between your solicitor and the party at fault (or their insurer) without the need for a court hearing. If your case is particularly complex or if a settlement cannot be agreed upon, it may need to go to court.

Even then, you may not need to attend personally, although in some instances you may be required to give evidence or testimony. If this is the case, your solicitor from Ramsdens will be there to support and guide you through the process, ensuring you are fully prepared for what to expect.

How will my compensation be calculated? What factors will be taken into account?

Compensation in personal injury claims is generally divided into two main categories:

General damages: this compensation is for the pain, suffering and loss of amenity you have experienced due to your injuries. The amount you may receive is assessed according to the severity and type of your injury, its impact on your lifestyle, and the extent and duration of your symptoms.

Special damages: this covers any financial expenses or losses that you have incurred as a result of your injury. Special damages may include:

• Loss of earnings
• Medical expenses
• Travel expenses
• Care and assistance

When calculating your compensation, all these factors will be taken into account, ensuring you receive a comprehensive award that reflects both the physical and emotional suffering caused by your injury and any financial losses or expenses you have incurred.

Can I claim compensation for both physical injuries and psychological harm?

You can claim compensation for both physical injuries and psychological harm if these have been caused by the accident at work. Psychological injuries could include conditions such as anxiety, recognised phobia’s, depression or post-traumatic stress disorder (PTSD). As with physical injuries, the severity of the psychological harm and its impact on your life will be taken into account when determining the amount of compensation.

It's important to note that psychological harm must be diagnosed by a medical professional to be considered in a claim. Your solicitor may arrange for a psychological assessment to help substantiate this part of your claim.

Are there any limitations or caps on the amount of compensation I can receive?

There are no fixed upper limits or caps on the amount of compensation you can receive for a personal injury claim in the UK. The amount awarded is based on the individual circumstances of your case, such as the severity of your injury, the impact on your lifestyle, and any financial losses you have incurred. For severe injuries that lead to lifelong disability or a major impact on quality of life, the compensation awarded can be substantial.

However, there are guideline amounts for different types of injuries set out in the Judicial College Guidelines, which are often referred to when determining compensation amounts. These provide a range of compensation for various injuries, but the exact amount awarded can vary based on the specifics of your case.

What are the potential legal costs associated with pursuing a compensation claim?

The legal costs associated with pursuing a compensation claim can vary depending on the complexity of your case. Typically, these costs will include solicitor's fees, court fees, and expenses for things like medical reports.

However, at Ramsdens Solicitors, we handle personal injury claims on a no win, no fee basis. This means that you will not need to pay any upfront legal fees, and if your claim is unsuccessful, you won't have to pay our legal fees.

If your claim is successful, your legal costs will often be paid by the other party. However, some part of your compensation might be used to cover any legal costs not recoverable from the other party. Your solicitor will explain this to you in detail before you decide to proceed with your claim.

Can I still make a compensation claim if I am no longer employed by the healthcare organisation where the incident occurred?

You can still make a compensation claim even if you are no longer employed by the healthcare organisation where the incident occurred. The key consideration is not your employment status at the time of the claim, but whether your employer at the time of the accident breached their duty of care to you, resulting in your injury. Remember, you generally have three years from the date of the accident, or from when you first realised you were injured, to make a claim.

Can the healthcare organisation retaliate against me for making a compensation claim?

It is unlawful for an employer to retaliate against an employee for asserting their legal rights, including making a personal injury claim. If you experience any form of retaliation, such as dismissal, demotion, discrimination, or harassment, you could have grounds for an additional legal claim, such as unfair dismissal or detrimental treatment.

Will my compensation claim affect my employment status or future career opportunities in the healthcare industry?

Filing a personal injury claim should not affect your current employment status or future career opportunities. Employers have a legal obligation to maintain a safe working environment and they should have insurance in place to cover any compensation claims arising from accidents at work.

Your right to claim compensation is a legal one, and any adverse action taken against you as a result of making a claim could be seen as discriminatory and potentially unlawful. This extends to future employers as well: they should not discriminate against you because you've made a personal injury claim in the past.

It is always a good idea to consult with a legal professional if you have concerns about these matters.