Carer Accident Claims

Working as a carer can be extremely rewarding, but it is also very demanding and challenging. Care workers can suffer various accidents and injuries, including manual handling injuries, broken bones and injuries from assaults. When these happen due to a lack of health and safety measures, you may be entitled to make a carer accident claim.

Our guide below explains when and how you can make a claim, including information about the evidence you will need and how much compensation you could receive.

For a detailed assessment of your case, call 0800 470 0474 or enter your details here to request a call back. You will receive a free consultation with a friendly legal adviser who will explain your legal rights and answer any questions.

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Table of Contents

• Am I eligible to make a carer accident claim?
• What should I do if I have an accident as a carer?
• Could I lose my job if I make a care worker injury claim?
• Can I make a claim if I'm attacked at work by a patient?
• What are my rights if I volunteer as a carer?
• What are the most common causes of care worker accidents and injury?
• What evidence do I need to support a carer injury claim?
• What are common injuries sustained by care workers?
• What is the time limit to start a care worker accident claim
• How much compensation could I claim for an accident at work?
• Can I make a care worker injury compensation claim with a No Win No Fee solicitor?

Am I eligible to make a carer accident claim?

A free consultation over the phone with a personal injury solicitor can let you know within minutes whether you can make a compensation claim. They will take on your case if the following can be proven:

• Your employer owed you a legal duty of care.
• A breach of this duty led to your workplace accident.
• You suffered injuries as a direct result of this accident.

As a care worker, you are owed a duty of care by your employer under the Health and Safety at Work Act 1974. Other legislation, such as the Lifting Operations and Lifting Equipment Regulations 1998 (LOLER), may also apply to your case. Based on these regulations, your employer should:

• Carry out risk assessments to identify risks and hazards that could cause injuries and take measures to eliminate or mitigate them;
• Provide proper training in manual handling to avoid injuries while moving patients;
• Ensure all equipment used by care workers is safe and well-maintained;
• Keep a safe working environment that is free of slip, trip and fall hazards;
• Employ enough staff to ensure adequate breaks and prevent burnout and fatigue.

A breach of these duties is considered negligence. If it leads to an accident and injury, it should entitle you to make a care worker injury claim.

What should I do if I have an accident as a carer?

If you have an accident as a carer and you suffer a significant injury, the first thing you should do is ensure you receive immediate medical care. For less severe injuries, you can take the following steps before visiting your GP or the hospital:

• Report the accident to your employer and ask for a copy of the accident report form;
• Take pictures or a video of the accident scene and any hazards that caused it;
• Photograph any visible injuries, such as cuts, bruises or swelling;
• Note the names and contact details of any witnesses who saw what happened;
• Write down what happened while the details of the accident are still fresh in your mind.

If you want to make a carer accident compensation claim, you should get in touch with a solicitor as soon as possible. If your case has merit, they will send a claim notification form to your employer and inform them of your injuries and the compensation you seek.

If they admit liability, you can begin to negotiate a fair settlement. If they deny liability or you can’t settle on a fair compensation award, your solicitor will be prepared to take your case to court. However, personal injury claims very rarely end up in court, with over 95% being settled through negotiations.

Could I lose my job if I make a care worker injury claim?

As far as reasonably possible, your employer has a clear legal responsibility to make sure you are safe from injury or illness at work. If they neglect their duties and you suffer harm as a result, you are entitled to make an accident at work claim.

Making a claim should not cost you your job or strain your relationship with your employer. They must hold employer’s liability (EL) insurance specifically for these situations so they will not be left out of pocket. If your employer retaliates in any way, you may be able to make a further claim at an employment tribunal.

Your employer should also pay you statutory sick pay (SSP) during recovery if you are unable to work. The current Statutory Sick Pay (SSP) rate is £118.75 per week and is payable for up to 28 weeks. You can still make a carer accident claim even if you receive SSP.

Can I make a claim if I’m attacked at work by a patient?

Contrary to what you might expect, not all patients that care workers assist are frail and bedridden. On the contrary, many people with dementia, Alzheimer’s and other mental health conditions often display aggressive or challenging behaviour.

In fact, a care worker is attacked every 30 minutes in the UK, and 85% of them experience some form of harassment, assault or verbal abuse. Employers must assess these risks to employees and take measures to protect them, such as:

• Offer training and information on how to spot pre-assault signs
• Implement safety protocols for dealing with aggressive and challenging patients
• Teach carers how to diffuse a potentially risky situation
• Ensure carers can get assistance quickly in case of assaults

If your employer fails to keep you safe and you are assaulted at work, you have every right to claim compensation.

What are my rights if I volunteer as a carer?

If you volunteer at a care home, hospital or clinic, you are protected by the same health and safety legislation that protects employees. You should receive adequate training for your role and are entitled to a safe working environment and protective equipment. If your rights are neglected and you suffer an injury, you can claim compensation for your losses.

All voluntary organisations must hold insurance in case you are injured in the course of your volunteering. That means you can make a claim for compensation without worrying that the organisation you volunteer for will be left out of pocket.

What are the most common causes of care worker accidents and injury?

Care worker accidents and injuries can be due to various situations. Some of these could be due to employer negligence and entitle you to make a carer injury compensation claim. Examples include:

• Manual handling and lifting of patients without adequate training or equipment;
• Slips, trips and falls due to wet floors, uneven pavements or cluttered walkways;
• Aggression or violence from patients with dementia or mental health issues;
• Needlestick injuries due to incorrect handling or disposal of needles;
• Electrical accidents caused by damaged equipment or exposed wires;
• Exposure to infectious diseases or chemicals due to a lack of protective equipment (PPE).

Whether your accident was listed here or not, if it was caused by your employer’s negligence, you may be able to make a personal injury compensation claim.

What evidence do I need to support a carer injury claim?

If you were injured at work as a carer and want to make a claim, you need various types of evidence to support it and build a strong case. You should be able to prove how the accident happened and how it has affected you. The type of evidence you can use includes:

• Medical records that detail your injuries and the treatments received;
• A medical report from a specialist who will link your injuries to your workplace and determine your future care needs;
• Visual evidence of the accident and your injuries, including CCTV footage if available;
• A copy of the accident report filed with your employer;
• Statements from witnesses such as colleagues or visitors who saw what happened;
• Training and maintenance records from your employer;
• A report from the Health and Safety Executive (HSE) if your injuries were severe and your employer had to report them;
• Your detailed account of the incident and how it has affected you;
• You also need proof of financial losses, such as receipts, invoices and payslips.

What are common injuries sustained by care workers?

As a care worker, you are often at risk of a range of injuries due to the physically demanding nature and unique challenges of your job. Some of the most common injuries for which you could claim carer accident compensation include:

• Broken bones can result from slips, trips and falls, or accidents while lifting or moving patients. They often affect the arms, wrists, or legs and can have a long-term impact.
• Back injuries include sprains, strains and herniated discs. These can result from lifting or repositioning patients without proper technique or equipment.
• Repetitive strain injuries such as tendonitis develop over time due to repetitive tasks, overuse and awkward postures.
• Infections can result from needlestick injuries, poor hygiene practices, bite wounds from aggressive patients or exposure to germs without adequate PPE.
• Cuts and lacerations can result from falls, broken equipment or sharp tools. Deep wounds may need stitches and cause permanent scarring.
• Soft tissue injuries include sprains, strains, bruises, and whiplash. They can result from falls, lifting, or awkward movements and cause pain and mobility issues.
• Burns and scalds can be caused by hot food and liquids, chemicals and electrical devices.
• Psychological injuries include stress at work, burnout, anxiety and post-traumatic stress disorder (PTSD). These can be due to the demanding nature of the job or specific traumatic events.

What is the time limit to start a care worker accident claim

There is a three-year time limit to make a care worker injury compensation claim in most cases. This limit is imposed by the Limitation Act 1980 and begins from one of the following:

• The date you were injured in an accident that wasn’t your fault.
• The date your injuries were diagnosed and linked to your job if they developed over time.

If you miss the three-year deadline, your case will be statute-barred. This means you will lose your right to compensation. For this reason and to ensure better access to evidence, we encourage you to seek legal advice as soon as possible.

There are a few exceptions to the three year rule:

• The limitation period does not begin until your 18th birthday. If you are injured when you are under 18, a parent or legal guardian could make a child injury claim on your behalf.
• If the claimant lacks mental capacity due to PTSD, a brain injury or another condition, the limitation date is put on hold. A litigation friend could claim on their behalf at any time.

How much compensation could I claim for an accident at work?

The amount of compensation you could receive for your carer injury claim will be calculated based on your specific injury and financial losses. Your solicitor will ensure that your payment is fair and covers all the damages you incurred, which are grouped into two different types:

• General damages are paid for the pain, suffering and loss of amenity caused by your accident or injury. These can include physical pain, mental distress, loss of enjoyment of life, scarring and loss of ability to engage in activities you used to enjoy.
• Special damages cover financial losses and out-of-pocket expenses you incurred. These can include private treatments, lost earnings due to time off work, travel expenses and care costs.

You can check out our compensation calculator for a rough estimate of how much you could receive for the type of injury you suffered. These values are based on the current guidelines from the Judicial College, which is what solicitors and the courts use to calculate compensation for personal injury.

Can I make a care worker injury compensation claim with a No Win No Fee solicitor?

If you have a valid claim for compensation, your solicitor will represent you on a no win no fee basis. That means you do not have to pay them anything upfront or if your claim is unsuccessful. This service eliminates any financial risks and worries about claiming the compensation you are entitled to.

Under the no win no fee agreement, you only pay your injury lawyer if your claim is successful. In this case, they will be entitled to a pre-agreed percentage of your compensation. This is known as a success fee and can’t be any more than 25% of your compensation award.

If you believe you may have grounds to make a claim against your employer, call 0800 470 0474 or arrange a call back. You will receive a free case assessment with a friendly legal adviser who will happily guide you through the claims process.

Last edited on 7th Aug 2025

With over 15 years’ experience in the legal sector, Nicholas Tate (LLB Hons, LLM in Health Law) has extensive experience across all areas of personal injury and medical negligence claims.