Gym Injury Compensation Claims
If your life, or the life of a loved one, has been affected by a gym accident, we can help.
Whether your injuries were caused by a slip or trip, fall or other incident, you may be entitled to claim compensation.
Claiming injury compensation with a solicitor
You can make a compensation claim for an accident in a public place with the help and support of a personal injury solicitor.
Your solicitor will ask you about how the accident happened, and they will collect evidence to prove what caused your injuries. Your solicitor will then identify who is legally responsible. Based on your injuries, lost earnings and other expenses they will also work out how much money you can claim.
We can help you make an public place accident claim, on a No Win No Fee basis.
In this article
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.
Do I have an injury claim?
You should be able to make an injury claim if your injury occurred:
- in the last 3 years, and;
- someone else was to blame, and;
- that person owed you a duty of care.
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 an injury claim on their own behalf.
Can I still claim if I didn't report the gym injury?
If you did not report the accident it can make it more difficult to pursue a gym injury claim, but a claim may still be possible. This will depend on the circumstances of your case and on the other evidence available.
The amount of money you could claim for your injury will depend on:
- the seriousness 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 injuries have affected your life. Your solicitor will take these considerations into account to calculate the correct compensation award.
This calculation will factor in 'general damages' and 'special 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 are for financial losses and expenses you have incurred as a result of the accident.
What can I claim for after an injury? (see list)
Examples of special damages (losses you can claim for) include:
- Lost earnings (including future earnings)
- Medical treatment costs
- 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.
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 an 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 an injury will depend entirely on your specific circumstances.
Your injury compensation will be calculated based on the unique impact your injuries have had on your life and your ability to work, and on the actual financial losses you have incurred as a result of your injuries.
Can I claim for physiotherapy and private care costs?
Private treatment can be expensive, but funding towards the cost of this treatment frequently comprises part of a compensation award. Your solicitor may even be able to arrange access to private medical care as soon as your claim is accepted.
Calculate my injury compensation
Calculating how much compensation you can claim for an 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 injury claim could be worth now:
- Instant accurate calculation
- Checks your right to claim
- Confirms No Win, No Fee eligibility
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?
How else can a solicitor help me?
Your solicitor will handle your injury claim from the initial FREE case evaluation, through to the financial settlement.
Your solicitor will work with other specialists to provide caring and sensitive support and 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.
Will I have to go to court?
Highly unlikely. Solicitors settle the vast majority of claims out of court.
Less than 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 decided by a judge or magistrate, not a jury.
Even if the claim does go to court, it is very unlikely you will have to attend.
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 injury. Read more about making a No win, no fee claim
What do I pay if I win my 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 injury claim?
If your 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.
Can I get Legal Aid?
Legal aid is no longer available when making a personal injury claim, but a Conditional Fee Agreement (No Win, No Fee) can reduce the financial risks of making a claim.
How do personal injury solicitors get paid?
If your gym injury claim is successful, the defendant, or their insurer, will pay the compensation and your solicitors fees.
How we can help you
Your solicitor will fight for the best possible compensation settlement for you, and 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
- 9.30am to 5pm on Sunday
Call us for FREE advice on 0800 376 1001, or arrange a call back from a friendly, legally-trained advisor:
- Find out
if you can claim
- No obligation
to start a claim
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.
Can I claim if I feel I was partly responsible for my accident?
Yes. You may still be able to claim compensation even if your actions may have contributed to the accident.
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.
How long do I have to make an injury claim?
In general, you have a time limit of up to 3 years from the date of the injury to make an injury claim.
The last date you can make a claim is known as the claim limitation date - after which your injury claim becomes 'statute barred'.
Can I claim for an 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 376 1001 to find out if you are still able to claim injury compensation.
In reality, there are a number of factors that can affect whether an injury claim will be taken on by a solicitor.
Will I have to visit a solicitor's office to start a claim?
No. You will not need visit a solicitor's office. Personal injury claims are handled by email, post and phone.
Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.
I need the money now - what are my options?
If you are unable to work and have bills to pay, you may be able to claim an interim compensation payment.
An interim payment is an advance on your compensation payment. Any amount you receive in interim payments would be deducted from your final compensation payment.
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.