Gym Injury Compensation Claims

If your life, or the life of a loved one, has been affected by a gym accident we can help.

The purpose of this guide is to help anyone who has suffered a gym accident and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.

In our guide to claiming gym injury compensation:

Introduction

If equipment was faulty, a staff member offered the wrong advice, or the gym failed to have adequate guidelines or health and safety procedures in place, a gym could be held liable for any resulting injury.

Under these circumstances, a gym injury compensation claim can usually be made.

Gym

Do I have a gym injury claim?

You should be able to make a gym injury claim if your injury occurred:

  • in the last three years, and;
  • someone else was to blame, and;
  • that person owed you a duty of care.
Check my claim

Do I have a claim? - Common questions

What if a child was injured?

The 3 year rule does not apply to minors.

A claim can be pursued for anyone under the age of 18 by a parent, guardian or litigation friend. The injured child has up to the age of 21 to start a gym injury claim on their own behalf.

Read more about claiming injury compensation on behalf of a child.

What if I was diagnosed months after the gym injury?

Depending on how your gym injury happened, the three-year time limit may only start from the date you are diagnosed and learn of the cause of your injury. In some cases, this can be months or years after the cause occurred.

How much compensation can I claim for a gym injury?

The amount of money you could claim for your gym injury will depend on:

  • the extent of your injury, and
  • any financial losses or costs you have incurred.

At the start of your claim, your solicitor will consider the many ways your gym injury has affected your life. Your solicitor will take all of these effects into account to calculate the correct compensation award for you.

This calculation will factor in 'general damages' and 'special damages'.

General damages

General damages are awarded for pain, suffering and loss of amenity (PSLA).

Awards for general damages are set by the Judicial College and published in their guidelines for personal injury awards.

Special damages

Special damages are for financial losses and expenses you have incurred as a result of the accident.

What can I claim for after a gym injury? (see list)

Examples of special damages (losses you can claim for) include:

  • Lost earnings (including future earnings)
  • Medical treatment costs
  • Physiotherapy
  • Travel costs
  • Costs of care
  • Costs of adapting your home or car

How is compensation calculated if I have multiple injuries?

If you have sustained multiple injuries, the compensation amounts are not simply added together.

The upper bracket of the most serious injury may be considered as a starting point, with a reduced amount applied for the other less severe injuries.

For example:

General damages for a serious chest injury can be £40,000

For a less severe wrist injury, in isolation, you would typically receive £3,100.

However, if you have a serious chest injury and a less severe wrist injury, you would typically receive £40,000 + a reduced percentage of £3,100.

Special damages, such as loss of earnings are not usually increased if you have multiple injuries. Read more about multiple injury claims.

What is the average injury compensation for a gym injury claim?

The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.

However, the money you would receive following a gym injury will depend entirely on your specific circumstances.

Your gym injury compensation will be calculated based on the unique impact your injuries have had on your life, your ability to work, and the actual financial losses you have incurred as a result of your injuries.

Can I get an interim payment?

Interim payments are effectively an advance on a probable compensation award. An interim payment may be awarded if the claimant is in immediate financial hardship.

Gym injury compensation

Calculating how much compensation you can claim for a gym injury can be complicated.

Our injury compensation calculator tells you if you may have a claim, how much compensation you could claim, and what you can claim for.

Find out what your gym injury claim could be worth now:

Calculate compensation

How long does a gym injury claim take?

How long it can take to win compensation for a gym accident can vary significantly.

For instance, a simple liability accepted public place accident claim could be completed in a month or two. If liability is denied by the gym owner, it could take substantially longer. Normally a public place accident claim should take 6 to 9 months. For more information, see: How long will my claim take?

Caring and sensitive support

Your solicitor will handle your gym injury claim from the initial consultation through to the financial settlement. In addition, your solicitor will work with other specialists to help you with:

  • Financial support: interim payments while you are unable to work.
  • Advice: on personal injury trusts, tax and welfare benefits.
  • Coordination: with rehabilitation providers and therapists.
  • Access: to treatment and therapies not always available on the NHS.

Typical gym injuries

Gyms contain a wide range of equipment, including treadmills, rowers, cross trainers, bikes and weights. Many items of gym equipment can be both complex to use and heavy. These factors can make gym injuries more serious than other sports-related injuries.

The most common types of accidents in gyms are caused by:

  • Faulty machines which are not functioning properly or which break mid-use
  • Incorrect use of complicated or heavy equipment, such as weights
  • Inaccurate advice given by gym staff
  • Other hazards such as loose mats or water on the floor

The panel of solicitors have assisted with claims arising from these hazards for common gym injuries such as sprains, torn cartilage and broken bones.

What are the responsibilities of a gym?

There are no specific health and safety that apply specifically to gyms.

Gym operators must, however, comply with more general legislation, including the Health and Safety at Work (HSAW) Act 1974.

Compliance involves undertaking an assessment of the health and safety risks to users and implementing measures to control them. This could include:

  • Regular checking of all equipment and adherence to safety standards
  • Continual monitoring of potential slip or fall hazards e.g. such as liquids, mats and free weights
  • Routine and frequent training of all staff members
  • All gym members being shown how to use equipment by qualified staff and explanatory signs put up
  • Guidelines for gym users which cover dress, wiping down, putting equipment away and reporting defects

How can negligence by proven?

An injured gym goer's solicitor must prove that the gym was negligent to make a successful claim. In order to prove this breach, or negligence, it must be shown that the gym operator failed to reasonably carry out their duty of care towards the injured person, the claimant.

Proving there was a breach, and that this breach was the cause of the claimant's injuries, involves providing evidence such as:

  • Medical records of the injuries sustained
  • Witness accounts of the incident
  • Photographs of faulty equipment or the offending hazard In addition

Claimants should avoid admitting liability at the scene.

What about disclaimers?

Under the Unfair Contract Terms Act 1977, Gym operators who ask members to sign contractual waivers or post disclaimer notices cannot be excluded from negligence relating to personal injury.

How about home gym equipment?

Compensation is also possible for injuries sustained using home gym equipment. In this instance liability could be attributed to the manufacturer if, for example, the product was faulty or did not pass the strict safety measures in place to protect consumers.

Gym accident compensation claims advice

If you have been injured in a gym accident you should always seek medical advice whether from your GP, walk in centre or accident and emergency department. Seeking early advice can help both diagnose injuries and guide you towards appropriate physiotherapy.

To give you claim the best chance of success, you should also try to do as many of the following as possible:

  • obtain names and addresses of any witnesses to the accident
  • take photos of the cause of the accident, and of your injuries
  • request, in writing, any CCTV footage of the accident - a solicitor can assist with this

It is worth following the above steps even if you have not yet decided to make a claim.

How did your injury occur?

The claims process that your solicitor follows will vary, depending on how the injury occurred:

How does no win, no fee work?

Under a no win, no fee agreement, your solicitor agrees that you will have no legal fees to pay whatsoever if your claim is not successful.

Our no win, no fee guarantee

If you have been injured through no fault of your own, our no win, no fee guarantee takes the risk out of claiming compensation for your gym injury. Read more about making a No win, no fee claim

What do I pay if I win my gym injury claim?

Your injury solicitor will receive a success fee which is deducted from your compensation, once your claim is settled. The solicitor's success fee can be up to 25%. You and your solicitor can agree the success fee before you start your claim.

What do I pay if I do not win my gym injury claim?

If your gym injury claim is not successful then you do not have to pay any legal fees at all. Your solicitor may take out insurance to ensure there will be nothing to pay.

How can Quittance help?

Your solicitor will fight for the best possible compensation settlement for you, the highly-experienced panel of solicitors have an excellent track record of winning injury claims.

If you have any questions, or would like to start a No Win No Fee claim, we are open 8am to 9pm weekdays, 9am to 6pm on Saturday, and 9.30am to 5pm on Sunday.

Call us FREE 0800 612 7456 or arrange a callback:

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Gym injury FAQ's

Can I claim for someone else?

Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.

If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.

The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.

Read more about claiming on behalf of another person.

Can I claim if I was partly responsible for an accident?

You may still be able to claim compensation even if you contributed to your accident or to your injuries.

However, if you were partly to blame (known as contributory negligence), your compensation may be reduced and it may be more difficult to prove liability.

Read more about claiming compensation if you were partly responsible for an accident.

How long do I have to make a gym injury claim?

In general, you have a time limit of up to 3 years from the date of the gym injury to make an injury claim.

The last date you can make a claim is known as the claim limitation date - after which your gym injury claim becomes 'statute barred'.

Can I claim for a gym injury after 3 years?

Possibly. The general rule for adults is that a claim must be started within three years.

However, the three-year countdown starts on the day you learned of your injury or illness. This will usually be the date of the accident, but could be the date your doctor gave you a diagnosis.

If you were injured as a child, you do have up until your 21st birthday to make a claim.

There other circumstances that can also impact the limitation date. Call us now on 0800 612 7456 to find out if you are still able to claim gym injury compensation.

In reality, there are a number of factors that can affect whether a gym injury claim will be taken on by a solicitor.

Calculate your claim limitation date

Will I have to go to court?

Highly unlikely. The vast majority of claims that are settled by the solicitor panel are settled out of court.

Only a very small percentage (approx. 5%) of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.

Cases that do ultimately go to court are held in front of a judge, not a jury.

Read more: Will my injury claim go to court and what if it does?

Will I have to go to a solicitor's office?

No. You will not need visit a solicitor's office. As with most professional services, it is no longer necessary to meet face to face with your solicitor. Personal injury claims are dealt with via email, post and telephone.

Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.

Read more: Will I have to visit a solicitor's office?

Can I get an early compensation payment?

If you suffer financial hardship as a result of an injury, you may be able to claim an interim compensation payment.

An interim payment is a partial settlement of your claim which is paid before your claim is concluded. The amount you receive in interim payments would then be deducted from your final compensation settlement or award.

Read more about interim compensation payments.

Howard Willis, Personal injury solicitor

About the author

Howard 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.

Read more about this Quittance Legal Expert