Things to consider when claiming for a night shift accident
- Nightshift injury claims are often linked to fatigue, inadequate lighting, or unsafe working conditions.
- Employers have a legal obligation to ensure a safe work environment, including proper training, breaks, and adequate lighting.
- Whether you're an employee, contractor, or temp, you can make a claim - even if you think you were partly to blame.
- There is a 3-year time limit from the injury date to start your claim.
- you can find out how much you can claim with our compensation calculator.
- A solicitor can help you make a no win, no fee claim.
- Your employer cannot terminate your employment for pursuing a claim.
Working nights shouldn’t mean risking your health. We'll help you claim the compensation you deserve.
If you’ve been injured during a night shift, you may be entitled to compensation for your injuries, lost income, and medical expenses. A personal injury solicitor can guide you through the claims process, helping you pursue a No Win, No Fee claim to support your recovery.
With over 1/2million people injured at work a year, you're not alone
561,000 workers sustained a non-fatal injury according in 2022/23, with night shift workers particularly at risk (hse.gov.uk).
The number of night workers in the UK has been steadily increasing over the last two decades, with around 14% of the working population (3.6 million people) now working shifts that include night work most of the time.
The shift towards a 24-hour society means that many night workers have jobs that are not traditionally associated with round-the-clock operations, such as supermarket assistants and call centre operators.
Studies show that some work-related accidents are three times more likely to occur on the night shift. The HSE report accidents and injuries to be higher on night shifts, especially after long or successive shifts.
If you decide to make a night shift injury claim, your work accident solicitor will take you through every step of the claims process. Your solicitor will be with you until you win your claim and get the compensation you move forward.
How much compensation can I claim for a night shift accident?
Your compensation for an injury working a night shift depends on:
- how significant your injury is,
- the ways in which your injury affects your daily activities and job,
- any costs or financial impacts you?ve suffered due to the accident.
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General damages are awarded for pain, suffering and loss of amenity (PSLA). Awards for general damages are set by the Judicial College (judiciary.uk) and published in their guidelines for personal injury awards.
Special damages are for financial losses and expenses you have incurred because of your accident. In addition to paying for loss of earnings, damage to clothing or training equipment, special damages can cover any care costs and medical procedures you need, such as pain medication and sleep therapy.
Read more:
A complete list of recoverable losses in a personal injury claim
How is compensation calculated if I have multiple injuries?
Average nightshift injury compensation payouts
The following nightshift injury payouts refer to the Guidelines for the Assessment of General Damages in Personal Injury Cases, 17th Edition by the Judicial College (oup.com).
These tables are used by solicitors or by the courts as a starting point when calculating your compensation.
Please note: these average figures represent general damages only, and do not include any element of special damages (e.g. lost wages).
Ankle injury
| Severity | Example | Amount |
|---|---|---|
| Minor (relatively) | Minor fractures, sprains, and ligament injuries with full recovery | Up to £15,250 |
| Moderate | A fracture or ligament injury with mild ongoing symptoms | £15,250 to £29,500 |
| Severe | Lengthy treatment required, and your ability to walk has been permanently affected | £34,740 to £55,540 |
Elbow injury
| Severity | Example | Amount |
|---|---|---|
| Recovery within 18 months | Simple fractures, cuts or injuries (e.g. tennis elbow) with no permanent symptoms | Up to £3,920 |
| Recovery between 18 to 36 months | Simple fractures, cuts or injuries (e.g. tennis elbow) with no permanent symptoms | Up to £7,210 |
| Recovery after 36 months | Simple fractures, cuts or injuries (e.g. tennis elbow) with no permanent symptoms or damage | Up to £13,970 |
Finger injury
| Severity | Example | Amount |
|---|---|---|
| Relatively minor injury | Finger fractures that recover in under 6 months, and/or injuries with tenderness, pain in cold weather, or scarring | Up to £5,270 |
| Index finger fracture | Fracture fully heals, but with ongoing pain, disability and an increased risk of osteoarthritis | £10,110 to £13,570 |
| Finger fractures | Fractures that cause deformity, affect sensation, and/or have a long term affect on your grip and ability to use your hand | Up to £40,760 |
Hand injury
| Severity | Example | Amount |
|---|---|---|
| Minor (relatively) injuries to one or both hands | A fracture or break recovering within 6 months, and/or with scarring, tenderness and pain in cold weather | Up to £5,270 |
| Moderate injuries to one or both hands | Moderate crush injuries, penetrating wounds, or deep cuts | £6,280 to £14,730 |
| Moderate/serious injuries to one or both hands | Serious crush injury that causes impaired function andthat cannot be resolved with surgery | £16,040 to £32,170 |
Knee injury
| Severity | Example | Amount |
|---|---|---|
| Minor (relatively) | E.g. dislocation, torn cartilage or meniscus, that could cause future symptoms or weakness, or that exacerbated an existing injury | Up to £15,250 |
| Moderate | More serious knee injuries with a greater risk of future symptoms, pain and weakness | £16,460 to £29,050 |
| Serious | E.g. a leg fracture that extends to the knee joint, or injuries that cause constant pain and restricted movement, and/or a risk of osteoarthritis or future knee surgery | £29,050 to £48,210 |
Leg injury
| Severity | Example | Amount |
|---|---|---|
| Simple femur fracture | Simple femur fracture with no damage to articular surfaces | £10,110 to £15,620 |
| More serious fractures | Incomplete fracture recovery with ongoing symptoms | £19,930 to £30,800 |
Wrist injury
| Severity | Example | Amount |
|---|---|---|
| Lesser | Relatively minor soft tissue injury or displaced fracture, with a full recovery within 12 months | £3,920 to £5,260 |
| Moderate | Uncomplicated Colles' fracture | Around £8,250 |
| Moderate | Fracture or soft tissue injury with complete recovery | £6,750 to £11,480 |
Psychological trauma following work accidents
In addition to physical injuries, a work accident can inflict lasting psychological harm.
Our 2025 Work Injury Claimant Survey reveals the extent of psychological trauma, with 25.00% of claims involving a psychological injury, 64.09% of which related to a physical injury.
Injuries during night shifts may exacerbate sleep disorders and cause anxiety related to working in more solitary, vulnerable conditions. Serious trauma can lead to nyctophobia (fear of the night) or Post Traumatic Stress Disorder (PTSD).
Even after your physical recovery or rehabiliation is complete, hidden psychological injuries can take longer to heal.
Factoring compensation for psychological harm will ensure you receive mental health support and other therapies that may not be readily available on the NHS in your area.
Our compensation calculator can estimate your compensation for psychological injuries. Or you can call us on 0800 376 1001 to speak to a specialist advisor.
Do I qualify for night shift injury compensation?
Yes, you can make an injury claim for a night shift accident, if:
- you were injured in the last 3 years, and;
- someone else was responsible, and;
- they owed you a duty of care.
Use our injury claim calculator to find out if you can claim. Alternatively, you can speak to a claims advisor on 0800 376 1001 and find out if you have a claim in minutes.
My injury was partly my fault - can I still claim?
Cases where the defendant and claimant are both partly to blame are actually quite commonplace in personal injury claims.
In our 2025 Work Injury Claimant Survey, 26.02% of injured workers believed they were partly responsible for their injuries, or were uncertain.
If you believe you were partly responsible, you may still have a claim. Even if an employee's mistake caused the accident, your employer would usually be liable, so you can still claim compensation.
Read more:
Can I claim if I feel I was partly responsible for my accident?
Typical causes of night shift accidents
During the night, a person's heart rate, blood pressure and temperature are decreased significantly as the slows down in preparation for sleep. These changes are set by the body's internal sleep/wake regulator which is highly resistant to change. Most people will never fully adjust their clock to the point where they are able to operate to their maximum potential at night.
Workers whose jobs involve night work or irregular shift patterns are known to experience several side effects, including:
- Tiredness
- Decreased concentration
- Lack of judgement
- Reduced hand-eye coordination
- Poorer reaction time
- Lower overall cognitive performance.
These factors place them at risk of an accident at work. Night shift accidents are especially common in jobs that require extreme focus, such as driving or working with machinery.
Who is most at risk?
The risk of night shift accidents and injuries has been found to increase:
- Where the shift is over eight hours in length
- When a person works consecutive nights
- When periods between breaks on a night shift grow longer.
In other words, poorly designed work schedules can increase the risk of a night shift accident.
What are my employer's obligations?
Employers must meet certain obligations for health and safety in regard to night working arrangements. The primary legislation is the Working Time Regulations 1998 (WTR). WTR limits the number of night-time hours that may be worked to 8 hours in each 24-hour period, averaged over 17 weeks.
WTR also gives night workers the same rights as daytime workers with regard to days off, rest periods and breaks.
However, complying with WTR may not in itself be enough to prevent tiredness and error. Employers must also comply with their general duties under the Health and Safety at Work etc. Act 1974 and the Management of Health and Safety at Work Regulations 1999 to:
- Protect the health, safety and welfare at work of their employees
- Assess the risks to employees from work activities and take all reasonable steps to eliminate or control these risks.
This includes the number of hours worked and how these hours are scheduled.
If there is strong evidence to show a link between an employee's work schedule, their fatigue levels and the accident, then a claim for compensation may be brought against the employee.
Personal Protective Equipment at Work (Amendment) Regulations 2022
The Personal Protective Equipment at Work (Amendment) Regulations 2022 came into force on 6 April 2022.
This legislation means that employers have an obligation to provide free Personal Protective Equipment (PPE) to all workers, including workers who are self-employed or on a zero-hours contract.
Under the previous 1992 regulations, employers were only required to provide PPE to employees with a formal employment contract.
The appropriate PPE will depend on the job you are doing and should be identified as part of comprehensive and regular risk assessments. It would not be acceptable to rely on a risk assessment carried out for the same role carried out in the day.
If you are injured when working on a night shift at work and your employer failed to provide you with suitable PPE, you may be entitled to claim compensation - even if you are self-employed.
Understanding employer liability for night shift injuries
Night shift injuries typically involve workplace negligence. Click the icon below to explore the steps in making a claim.
Can I make a no win, no fee night shift injury claim?
Yes. With no win, no fee, you can claim night shift injury compensation without financial risk. If your claim isn't successful, you pay nothing. If you win, you only pay a pre-agreed percentage of your compensation.
Get expert advice now
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Human factors/ergonomics - Fatigue (reviewed: 27/07/2024)
The Working Time Regulations 1998 (reviewed: 31/07/2024)
Tiredness and fatigue - NHS (reviewed: 28/07/2024)
Author:
Howard Willis, Personal injury solicitor
About the author
Howard Willis qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.