Healthcare Assistant Claims

Updated June 2026

Healthcare assistants (HCAs) support patients every day so when an injury happens at work because your employer failed to protect you, you may be entitled to make a healthcare assistant claim. We know that HCAs typically work in a physically demanding and high-pressure environment, such as hospitals, GP or dental surgeries or even care agencies. So, if you’re injured at work through no fault of your own, here’s a guide on when and how you can make a personal injury claim.

When Can You Make a Personal Injury Claim as a Healthcare Assistant?

You can make a personal injury claim if you suffered an injury at work and the incident resulted from your employer’s failure to meet their legal duty of care. Employers in England and Wales are legally required take reasonable steps to keep staff safe under the Health and Safety Act 1974. If they don’t and you are harmed, you may want to pursue a claim for compensation.

You may be able to claim if you experienced:

• Manual handling injuries: such as back, shoulder, or neck injuries caused by lifting, repositioning, or supporting patients without proper equipment or training.
• Slips, trips and falls: including falls on wet floors, cluttered corridors, or poorly lit areas.
• Needlestick injuries: especially when caused by unsafe disposal practices or inadequate sharps protocols.
• Assaults by patients: when employers fail to implement appropriate risk assessments or staffing levels.
• Injuries from faulty equipment: such as broken hoists, wheelchairs, or beds.
• Exposure to hazardous substances: including chemical disinfectants or bodily fluids without proper PPE.

However, to claim, you must be able to show that you were owed a duty of care and that your employer breached that duty which directly caused your injury.

If these three elements apply, you may have a valid claim.

What Counts as Employer Negligence for Healthcare Assistants?

In healthcare settings, your employer’s responsibility to keep you safe is especially important because HCAs face daily physical and emotional demands.

So, here are some of the more common scenarios specific to healthcare assistant roles where negligence has occurred:

Aisha’s manual‑handling injury: Aisha was repositioning a patient when she felt a sudden pain in her back. She later learned she had never been trained for that type of lift, which may make her employer negligent.

Daniel’s understaffing incident: Daniel had to lift a patient alone because no other staff were available. He strained his shoulder during the transfer, and the lack of staffing support may place responsibility on his employer.

Maya’s faulty‑equipment accident: Maya was using a hoist when it jerked unexpectedly due to a mechanical fault, injuring her wrist. The equipment had not been serviced, which may count as negligence.

Lewis’s missing risk assessment: Lewis was assigned to a patient with a history of aggression, but no risk assessment had been completed. When the patient struck him, the employer’s failure to plan for known risks may make them liable.

Sofia’s PPE exposure: Sofia cleaned a chemical spill without gloves because the PPE station was empty. She developed a skin reaction, and the lack of protective equipment may be employer negligence.

Reece’s patient assault: Reece was assisting a high‑risk patient without the required two‑staff support. The patient hit him, and the employer’s failure to follow safety measures may make them responsible.

Hannah’s slip hazard: Hannah slipped on an unmarked wet floor and sprained her ankle. Because the area wasn’t cleaned or signposted, her employer may be at fault.

What Your Employer Should Be Doing

If you can prove that your employer did not comply with the necessary health and safety procedures and that this contributed to your injury, you could be eligible to claim. However, it’s important to remember that all claims must be started within three years of your accident occurring.

There are many things that your employer should do to protect you from having an accident at work. These include:

• Providing Personal Protective Clothing (PPE)
• Administering risk assessments on a regular basis
• Providing appropriate training
• Making sure that the equipment used by employees is maintained properly.

What Can You Claim For?

If your claim succeeds, you may receive compensation for:

• Pain and suffering
• Loss of earnings, including future losses
• Medical treatment costs
• Travel expenses
• Care and assistance
• Rehabilitation and physiotherapy

Compensation aims to help you recover physically and financially.

FAQs: Healthcare Assistant Personal Injury Claims

How long do I have to make a claim?

You generally have three years from the date of the accident or from the date you realised your injury was work‑related.

Do I need to go to court?

Most claims settle without going to court. You may only have to attend if liability is disputed, which is uncommon.

Will making a claim affect my job?

Your employer cannot legally dismiss or discipline you for making a legitimate claim. Claims are handled through insurers, not your direct manager.

What evidence do I need?

Useful evidence includes accident book entries, photos, witness details, medical records, and training documentation. Your solicitor will help gather everything required.

Can I claim if I am an agency healthcare assistant?

Yes. Agency workers still have legal protection. Liability may fall on the agency, the placement employer, or both.