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Healthcare Assistant Injury Compensation Claims

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    How No Win No Fee Works

    With no win no fee agreements (also known as a Conditional Fee Arrangements, or CFAs), there are no upfront legal fees, which means anyone who has been involved in an accident that wasn’t their fault can gain access to justice without any financial risk. Your solicitor only gets a fee if your claim is successful. If your claim isn't successful, you won’t pay your solicitor any legal fees.

    If your case is successful, typically you will pay 25% (including VAT) of your compensation to your solicitor, although they will discuss any fees before starting your case. To ensure your claim is risk free, your solicitor may take out an insurance policy on your behalf. If you terminate the agreement, you may have to pay fees for the time already spent on your claim, or due to: lack of cooperation, misleading your solicitor, missing medical or expert examinations, or not attending court hearings.

    There are some instances where you are not required to use the services of a claims management company, and are able to claim yourself, for free, directly via the relevant ombudsman/compensation scheme. These include:

    - Criminal injuries: The Criminal Injury Compensation Authority (England, Wales, and Scotland) or the Criminal Injury Compensation Scheme (Northern Ireland)

    - Minor road accidents: The Official Injury Claim Portal

    - Accidents involving uninsured drivers: The Motor Insurers' Bureau

    Healthcare Assistant Injury Compensation Claims

    Being a healthcare assistant is a highly rewarding career, but unfortunately, healthcare settings can be dangerous environments. If you’ve been injured in an accident at work that isn’t your fault, you could be eligible to claim compensation.

    Healthcare Assistant Injury Compensation Claim

    When the proper precautions are taken, when your employer performs a proper risk assessment and implements appropriate health and safety policies, healthcare assistants should have a low risk of injuries. However, an article published by Nursing Times highlights that nurses and healthcare assistants reported 8,000 severe industrial injuries over three years.

    If you’ve been injured in your role as a healthcare assistant, and the injuries sustained weren’t your fault, you could be entitled to make a claim and receive money to offset any financial difficulties caused by the accident.

    To find out more or to make a compensation claim, call 0800 234 6438 today or fill out the online form. You’ll speak with a trained legal advisor who will offer free, impartial advice about your situation. They will never pressure you into making a claim, but if you are ready and wish to proceed, they’ll partner you with specialist personal injury solicitors who will take on your case on a no win no fee basis.

    What is a healthcare accident?

    Healthcare assistants are vital in various settings, working alongside clinicians and nurses to provide expert care to patients. Some might work in residential settings, while others will support patients in a hospital environment.

    Depending on the nature of your work, you could be handling hazardous materials or supporting patients with dementia and other health conditions. Accidents happen, that’s to be expected, but that doesn’t mean you should be at risk when performing your daily duties.

    Why make a compensation claim?

    The HSE (Health and Safety Executive) clearly outlines the risks to healthcare workers, including contracting serious infections, assaults from challenging patients and general injuries from improper training or avoidable accidents.

    Whether it’s a residential home, hospital or any other environment, your employer is responsible for carrying out risk assessments and ensuring each employee receives training. Failing to do this puts healthcare assistants at risk of accidents.

    Your injuries could be minor or life-changing, but claiming personal injury compensation will hold your employer responsible and ensure you receive the financial support you deserve.

    To find out more or to make a compensation claim, call 0800 234 6438 today or fill out the online form. You’ll speak with a trained legal advisor who will offer free, impartial advice. If you wish to proceed, they’ll partner you with specialist personal injury solicitors who will represent you on a no win no fee basis.

    The causes of healthcare worker accidents

    The role of healthcare assistants is varied, but general duties include caring for patients, heavy lifting, working with potentially hazardous substances and being at higher risk of contracting an infection. Alongside these known risks, typical accidents also occur as a result of:

    Lack of training

    Many healthcare assistants support service users with general tasks, including moving around and washing. Employers are required by law to offer manual handling training (HSE), and failure to do so could result in serious healthcare assistant injuries.

    The 1974 Health & Safety at Work Act also details various steps employers should take to ensure their care workers receive ongoing support and personal protective equipment (PPE).

    Poorly maintained workplaces

    Many workplace accidents happen due to poor maintenance of equipment or the general area. Slips, trips and falling objects can cause severe injuries to healthcare assistants, with many accidents occurring due to wet floors or faulty equipment.

    Employers must regularly check equipment and ensure it functions correctly so you can claim compensation if you suffer an injury due to poorly maintained equipment.

    Contracting infections and diseases

    Some healthcare assistants are qualified to administer medicine and injections. Needlestick injuries can occur without the correct personal protective equipment, leading to infections and viruses such as Hepatitis and HIV.

    Some healthcare environments mean workers are more at risk of MRSA and COVID-19, but employers should take steps to prevent these infections and protect carers.

    Assaults from patients

    Most patients are frail and grateful for care, but individuals with Dementia and Alzheimer’s can become aggressive in some situations, usually due to confusion. If you work with challenging service users, your employer should ensure you’re adequately trained to deal with conflict.

    The types of injuries sustained in healthcare environments

    Healthcare assistants can experience a range of physical injuries and even deal with mental health issues due to the nature of the work. Your injuries will depend on the environment and type of accident, but some of the most common include:

    • Carpal Tunnel Syndrome: Numbness and loss of mobility in the wrist and hands.

    • Neck and back injuries: Occurring from heavy lifting injuries or falling objects.

    • Cuts and lacerations: General incidents or attacks from patients.

    • Broken bones: Occurring from slips and trips or physical aggression.

    • Contact dermatitis: A common condition usually resulting from poor PPE.

    • Infections and viruses: COVID-19 and other serious infections are avoidable with proper precautions.

    While it’s rare today, healthcare assistants are also at risk of contracting HIV from a needlestick injury. If this happens and you weren’t given the proper training or were using inadequate protective gear, it counts as the employer’s negligence.

    Psychological injuries

    Attacks in the workplace can be harrowing experiences, and any injury sustained can also result in mental health issues. Common conditions include anxiety, depression and PTSD, which can also factor into your compensation claim.

    However, you’ll have to prove that the employer didn’t provide proper support or follow through on their legal duty of care to your wellbeing. Failing to maintain adequate staffing levels can also cause severe stress, and your solicitor will factor these injuries into your claim.

    Getting the ball rolling on healthcare assistant claims

    The first step in making a compensation claim is determining eligibility. Instead of going straight to a traditional lawyer and risk your own money, call 0800 234 6438 today or fill out the online form. You’ll speak with a trained legal advisor who will offer free, impartial advice about your situation. They’ll also ask about your accident at work and the injuries you sustained, then connect you with a no win no fee solicitor.

    Working with a no win no fee solicitor

    Many claimants seek support from no win no fee solicitors as they work differently from traditional legal services. While traditional solicitors charge upfront fees, making a no win no fee claim gives you more security, as your lawyer won’t receive any money unless they win your case.

    These claims have no financial risk to you as well as giving you the added peace of mind that your solicitor is confident you’ll win the case. They won’t take it on if they don’t think it will be successful, as they won’t get paid.

    Putting a case together

    Once your solicitor decides to take on your case, they’ll gather evidence and look at the circumstances behind the accident. For example, if your workplace wasn’t adequately risk assessed or you didn’t receive appropriate training, it proves your employer’s negligence.

    Your injuries will also factor into how much compensation you receive and how they impact your ability to work and perform daily activities.

    Negotiating with the negligent party

    Most compensation claims go through your employer’s insurance company; your solicitor will handle all communication with them. There’s no saying how long this process will take, as it depends on whether the employer is willing to take responsibility.

    Your solicitor’s job is to put a strong case together, but the insurance provider might want to see your medical records and ask you to attend a medical assessment to verify the extent of your injuries.

    Settling the claim

    If your claim succeeds, you’ll agree to an amount of money – usually paid in a lump sum or regular increments. Your solicitor will take their fee out of your settlement, and you’ll receive the rest of your money.

    Should I gather evidence to support my personal injury compensation claim?

    Gathering evidence where possible is always a good idea, as it makes your solicitor’s job much easier and strengthens your case. Here’s what you should do after an accident at work:

    • Ask witnesses for their contact details. Even if you work with them, getting their phone numbers is a good idea, as the solicitor will need them to confirm the accident.

    • It’s also beneficial to take photos of the scene. However, this isn’t always possible, especially when seriously injured.

    • Employers must have an incident log book, so make sure your manager records what happened, as this is proof of the accident.

    • The HSE requires employers to report some accidents, but it depends on the incident’s circumstances. Ask your employer and encourage them to report it if necessary.

    • Seek medical attention from your GP or hospital immediately. They can verify your injuries and will record them, proving their severity.

    • Keep clear records of any lost earnings, travel costs, private medical care and anything else that might ensure financial compensation.

    • Victims of assaults will also need to consider whether they want to file a police report.

    How much compensation will I receive?

    There’s no set compensation amount for healthcare assistants because the injuries are varied—personal injury solicitors factor in general and special damages when calculating your compensation amount. General damages refer to loss of amenity, suffering and pain.

    Special damages cover any additional costs due to the injury, including travel costs and loss of earnings through inability to work or supplementing Statutory Sick Pay and medical care.

    Your compensation amount will also depend on whether you have physical or emotional injuries from the workplace accident. The following figures are general estimates:

    • Severe Back & Neck Injuries: Between £33,000 and £137,000.

    • Elbow & Shoulder Injuries: Between £6,290 and £46,870.

    • Dermatitis: Between £1,500 and £18,000.

    • Hernia: Between £2,900 and £22,680.

    • Pain Disorders: Between £17,790 and £35,930.

    Personal injury solicitors are highly experienced in these types of claims and can give you a realistic compensation amount.

    Claim compensation today

    Compensation can help you recover from your accident financially and hold those responsible fully accountable. Getting the right help is vital to securing the money you deserve and moving on with your life.

    To find out more or to make a compensation claim, call 0800 234 6438 today or fill out the online form. You’ll speak with a trained legal advisor who will offer free, impartial advice about your situation. They will never pressure you into making a claim, but if you are ready and wish to proceed, they’ll partner you with specialist personal injury solicitors who will take on your case on a no win no fee basis.

    Healthcare Assistant Injury Claims FAQs

    Are there time limits on compensation claims?

    Yes, as with most forms of personal injury compensation, you have up to three years from the date of the incident to make a claim. However, starting the process quickly is best, as negotiations can drag on, and your main goal is to secure an award.

    Can I get fired for making a claim?

    No. There are laws in place to protect you from this happening. Some people feel bad about making accidents at work claims because they feel disloyal to their employer. Your employer has a legal duty to protect you from hazards and provide a safe environment.

    Whether providing proper training and regularly updating safety procedures or ensuring you use the correct equipment, employers must take every necessary precaution to prevent a workplace injury.

    Claiming compensation can ensure other people receive correct training in the future, and it also means your employer is less likely to make the same mistakes again.

    Why choose a no win no fee solicitor?

    You’ll have to factor in legal costs when you go through a traditional solicitor. There’s no guarantee your lawyer will win the case, but they’ll still receive their fees during the claims process. Considering these cases can drag on, your finances can take a serious hit.

    Making a no win no fee accident at work compensation claim means you don’t have to worry about upfront payments, as your solicitor will only take their fee if you receive a settlement.

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