Prison Officer Compensation: Making a Claim
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The Prison Service has a duty to ensure that all employees are safe whilst at work. This means that they must put reasonable measures in place to avoid the risk of injury for prison officers and other members of staff whilst working in prisons or young offenders centres.
Accidents involving prison officers and staff at work are common, with prison officers being assaulted by a prisoner being one of the most prevalent types of incidents. If you have been injured whilst working in a prison, you may be entitled to make a claim for prison officer compensation.
Over the years, there has been an increase in the number of violent acts against prison officers in England Wales, and Northern Ireland. The reason for this increased level of violence against prison staff could be down to the reduction in the number of prison officers employed by the HM Prison Service.
Common Prison Officer Accidents/Incidents
Prison officer compensation can be claimed for various types of injuries sustained in many different circumstances. The most common types of prison officer compensation claims which we have dealt with were caused by:
- Physical and sexual assault by prisoners
- Injuries sustained by prison officers when breaking up fights and controlling prison riots
- Slips, trips and falls within the prison caused by poor housekeeping and unsafe systems
- Injuries caused by manual handling tasks in the prison
- Injuries caused by a lack of PPE
If you have been injured due to any type of accident, which wasn’t your fault, whilst working in a prison, you may be entitled to make a prison injury claim. Contact Beacon Law today to speak to one of our legal experts today.
Prison Officer Compensation: Common Injuries Sustained by Prison Officers
A wide range of injuries may be sustained by prison officers. The most common injuries may include:
- Sprains and strains
- Bruising
- Severe lacerations and scarring
- Stab wounds
- Head injuries
- Back Injuries
- Fractured and broken bones and limbs
Am I Entitled to Claim Prison Officer Compensation
Each personal injury claim is different and the success of your claim will depend entirely on the circumstances of your accident and subsequent injuries. That being said, your employer has a duty of care to take reasonable steps to prevent accidents at work. If you believe that your employer has breached their duty of care, you may have grounds to make a claim for prison officer compensation.
To be successful in making a personal injury claim, we must be able to prove that your employer has been negligent, and that their negligence directly resulted in your accident and injuries. We will review all cases on an individual basis and we will let you know if we think you have a grounds to claim compensation from your employer.
Your employer has a duty of care under the Health and Safety at Work etc. Act 1974 ,and many other regulations, to provide a safe working environment for all employees. Failure to comply with these regulations will often lead to accidents at work. Your employer’s obligations include a duty to:
- Provide a safe place of work, which is free from hazards or defects.
- Provide adequate training to all members of staff.
- Carry out a full risk assessment of the workplace.
- Undertake an adequate risk assessment for tasks carried out in the prison.
- Explain all risks and precautions which should be taken to all employees.
- For manual handling tasks, a risk assessment should be carried out and lifting equipment may be required.
- Provide safe working equipment and PPE (where required) to all staff.
I Have Been Injured Whilst Working in a Prison, What Should I Do
If you have been involved in an accident during your employment in a prison, there are a number of steps which you take after the accident.
- You should report the accident to your manager or a supervisor as soon as possible, providing all the details of the accident. You should ensure that the details are recorded in an accident book, make sure all the details are correct, and request a copy of the accident report, if possible.
- Record the names and contact details of anyone who was in the area and may have witnessed the accident.
- Seek medical attention for your injuries at hospital or with your G.P. as soon as possible.
- Keep receipts for any expenses incurred as a direct result of the accident.
- Contact Beacon Law to start your claim, or to have a free, no obligation, initial conversation with one of our specialist solicitors who will provide you with appropriate legal advice on your case.
Making a Prison Officer Compensation Claim Against Your Employer
It is completely normal to have concerns when making a claim against your employer. You may be concerned about your employer treating you differently or ending your employment because you have decided to make a claim against them. You should be aware that your employer is not permitted to end your employment or treat you unfairly due to the fact that you are making a claim against them.
You employer is required to have employer’s liability insurance in place to cover them for any claims brought against them; so you can rest assured that your compensation will not come directly from your employers pocket.
There is a three-year time limit on settling personal injury claims, so it is important that you initiate your compensation claim as soon as possible. To find out more about the claims process, have a look at this section on our website.
How Much Prison Officer Compensation Can I Claim?
Your prison officer compensation will be split into general damages and special damages. General damages refer to the amount of compensation you will receive for your injuries and will take into account any pain, suffering, and loss of amenity sustained as a result of your accident.
It is difficult to predict the amount of compensation you will receive from the outset of your claim as we will require more information and evidence on the extent of your injuries.
In most cases, you will be required to attend an appointment with an independent medical expert who will assess your injuries and provide a report based on your injuries. If the medical expert concludes that you will require further treatment for your injuries, such as physiotherapy, we will be able to arrange this on your behalf.
We will value your injuries and negotiate a settlement for your injuries based on the final medical report obtained from the expert. We will use recent case law and Judicial College Guidelines to value your claim.
Special damages refers to any additional losses sustained as a direct result of the accident. These losses can include:
- Loss of earnings
- Travel expenses to and from medical appointments
- Treatment costs
- Additional care and assistance required as a result of the injuries sustained in the accident.
Why Choose Beacon Law?
Beacon Law are a specialist firm of personal injury lawyers based in Manchester, providing a friendly and professional service to all clients to ensure they receive the compensation they deserve. We have dealt with a large number of prison officer compensation claims, as well as many other types of Employer’s Liability Claims.
If you’ve suffered an injury through an accident whilst working in a prison, then contact our specialist personal injury solicitors today for legal advice and assistance on making a claim.
Beacon Law are a highly experienced Personal Injury Solicitor’s firm. We can assist you in pursuing a personal injury claim against your employers for a prison accident on a no win, no fee basis. We are authorised and regulated by the Solicitors Regulation Authority.
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12 Gatley Road
Cheadle
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SK8 1PY
Last Updated on January 17, 2024 by Stacey