Assaults & accidents as a carer compensation claims

Are you a carer injured at work?

Experiencing an injury at work is a traumatic experience. We all spend a lot of time working and should be able to feel as safe and content in our working environments as we do in our own homes.

Coupling this with our dependency on our wages and an accident at work can feel stressful and shocking. At their most serious, they can be life-changing.

Every day we speak to people like you who have suffered an accident at work. We know that being a healthcare assistant or carer injured at work can often mean reduced wages and unwanted time off. On top of everything else, you may feel worried about the patients, residents or people you're responsible for if you're not able to care for them.

We're here to help you by listening to your experience, making sure we understand the full impact of your accident and injury so that we can let you know whether you could start a no win no fee claim.

We offer this help for free. That's because we believe you should be able to seek justice, financial compensation and support if you've been unfairly injured, whether it was because of an avoidable accident or unsafe practices at work.

If you've suffered an accident as a carer due to such practices or are still recovering from an injury, you can contact us for a free, confidential chat on . Don't worry about feeling rushed or pressured during our call. Our friendly, professional and compassionate and legally-trained advisors are here to help you, at your pace and in your way.

What are typical accidents as a carer?

Being a carer is not only emotionally demanding - it can be physically demanding too. Common accident injuries include:

• Lifting injuries like strains, sprains and even fractures to the hand, wrist and spine - for instance a slipped disc.
• Repetitive strain injuries from constantly repeated tasks without sufficient breaks, training or the right personal protective equipment (PPE).
• Slips, trips and falls on duty or in your employer's car park.
• Puncture wounds while handling sharp items that may be contaminated. These are called needlestick injuries.
• Burn or scalding injuries while working around hot surfaces or preparing food or hot drinks.
• Physical assaults on care workers by residents can also occur.  

If you're a carer injured at work and it wasn't your fault, then we may be able to help you make a work injury compensation claim.

Was someone at fault for your injury?

We realise you may find it hard to tell if anybody was at fault for your accident, particularly if your accident was the result of repetitive movements or repeated practices over time.

While each case varies, if you've had an accident at work because of unsafe practices, a lack of training or a lack of support then your employer may be at fault for your accident.

For example, you may not have been given the correct training on how to use equipment and carry out your job safely, or you might have been left to a work on a task that should have taken two or more people.

When you sign a contract of employment with your employer, they become legally obligated to keep you safe from harm at work. To do this they must take all reasonable precautions to make sure you're not injured in the workplace from any task they give or equipment they provide for you.

What happens if I'm a carer attacked at work?

It may seem surprising, but in the five years from 2013 to 2018 there were over 6,000 violent assaults on care workers. These were mainly made by residents the carers were looking after.

Not all people who need care are as frail as you might assume. Some might be aggressive anyway, while others suffer unpredictable mood swings because of mental health-related conditions such as Alzheimer's or dementia.

The majority of assaults on staff in care homes occur while the care worker is in close contact, such as helping them bathe or dress, giving medication, or helping them in or out of bed. Assaults can involve verbal abuse, spitting, punching, slapping, grabbing, hitting, hair pulling and kicking.

It's no surprise that care workers can feel defenceless and unwilling to protect themselves. 

What should I do if I'm a carer injured at work accidentally or assaulted deliberately?

There are several things people should do following assaults or accidents as a carer. First and always - seek immediate medical attention.

• Ensure you - or a co-worker - reports the accident to your manager. They will also decide if the police need to be involved if it's an assault.
• Ensure your employer records the accident in the company accident book.
• Tell your trades union rep if you're a member - they're there to help in a workplace accident.
• Get witness statements from those present if possible. Ask a workmate you trust or your union rep to do this if you're off work and unable to do so. 
• Your employer must report certain accidents and injuries to the Health and Safety Executive (HSE) under RIDDOR. These are the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations.

If you've been seriously injured and are hospitalised, a colleague or manager will usually arrange these things for you. 

• Should you need time off work to recover, you should be entitled to statutory sick pay. 

• Serious injury with long-term or permanent effects means you may be eligible for industrial injuries disablement benefit. 

• Make sure you talk to your employer about your employment rightsafter injury.

The Health and Safety Executive investigates all reported cases of serious injury and occupational disease.

Could I lose my job if I make a work accident claim against my employer?

We understand that you may worry about making a claim against your employer. It's a valid concern. Don't worry: the law's on your side. Making a workplace accident compensation claim cannot put your job at risk.

• If your employer attempts to sack you for making - or thinking about making - a compensation claim, you may have a case for unfair dismissal. 
• Equally, if they make your life at work so unbearable you end up quitting, you may have a case for constructive dismissal.

We're a trusted national helpline with 26 years' experience helping people win the compensation they deserve. We'll give you the free, impartial and confidential advice you need to explore a personal injury at work claim - call us free on .

If you do decide to pursue your claim, we'll guide you through those initial first steps. We'll then introduce you to one of our approved personal injury solicitors expert in work injury compensation claims. 

When you contact us, we won't notify your employer until you've signed the agreement with your solicitor to confirm that you're ready and want to make a claim. Then your solicitor will negotiate with your employer and their insurance company on your behalf.

If you have any questions about making a claim or are just looking for a little help about the claims process, please call us free on .

What rights do I have if I'm a voluntary care worker or working unpaid for a charity?

All volunteer workers are covered by the same health and safety legislation as employees, contractors, sub-contractors or those on zero-hour contracts. All voluntary organisations engaging volunteers must have employers' liability insurance in case you are injured in the course of your work. Your rights are protected just like everyone else's.

How much compensation could I claim?

The amount you could win depends on the nature of your injury or illness, its severity and effect on your life. When you make a claim with us, your solicitor will consider the full impact of what you have suffered. It's really important to us that you're properly compensated.

It's not just about your pain and physical suffering. There are several other compensation areas your solicitor will include:

• Time off work and lost earnings.
• Any future loss of income.
• Any changes to your ability to work.
• Psychological trauma.
• Care or support you have needed, even if given free by family and friends.
• Any changes you might need to your home or car.
• Paid medical treatments, travel to treatment and accommodation costs.

You won't have an accurate estimate of any potential settlement amount until your solicitor has fully investigated the details. 

However, we have 26 years' experience of handling accident at work claims. To get an idea of how much your claim could be worth, try our compensation calculator.

How do people pay for compensation claims after accidents as a carer?

You do this with a no win no fee arrangement, also known as a conditional fee agreement. It's the contract between you and your no win no fee specialist workplace accident lawyer.

There are no upfront costs or hidden charges but if you win the claim, you'll be asked to pay any costs and expenses, not paid for by the other side, out of your compensation. This is likely to happen in most cases, as the other side is only required to make a contribution to your legal fees.

These costs will only be deducted when your compensation is paid, and may include: 

• A ‘success fee' which compensates the solicitor for the risk they take, as if your claim is unsuccessful they won't be paid at all.
• Any other legal costs or expenses not recovered from the other side, such as the costs of any legal expense insurance.

When you start your claim, your solicitor will take out legal insurance protection on your behalf. This is sometimes called ATE (After The Event) insurance. If your claim is unsuccessful, then the other party's costs will be paid out of this insurance. 

If you don't receive any compensation, then you won't have to pay for the ATE insurance. If your claim is successful, then it'll be paid out of your compensation as part of the fees.

Your solicitor will discuss this with you at the start, so you'll know what to expect when your claim settles. If you don't win your no win no fee claim, you pay nothing to anyone. It's as simple as that.

How long does it take to make claims for accidents as carers?

Finding out if you have a potential claim is simple. Our trained advisors will typically be able to tell whether or not you have a claim in the space of one telephone call. 

How long a claim takes depends on the nature and severity of your injuries. A clear-cut claim where injuries are minor and your employer admits liability can be settled in three to six months. Complex cases possibly involving serious injury and a Health and Safety Executive investigation naturally take longer. One to two years - or possibly more - are the norm.

The accidents as a carer solicitor we appoint for you will be able to give you an idea of the possible duration of your claim when they've reviewed all the details.