COVID Group Claim
COVID-19 Group Action for Healthcare Workers
If you are/were a healthcare worker in a Trust, or other healthcare setting during the pandemic and have suffered as a result of contracting COVID-19 at work, you may be able to claim compensation.
Bond Turner intends to investigate this claim as part of a group litigation against the various NHS Trusts, and any other healthcare provider or Government body who may have failed to protect you from contracting COVID-19 during the course of your employment.
If you are interested in participating in this group claim, please complete the enquiry form below. Your details will be passed to one of our specialist advisors who will be able to assist.
Here at Bond Turner, we specialise in all aspects of civil litigation, and we utilise this experience to best represent our clients. We have vast experience in representing thousands of claimants as part of group claims, therefore you can be confident we will be there to support and advise you throughout your claim.
In addition to our solicitors, we can utilise the experience of our in-house barristers and we instruct some of the top KCs in the country to advise you and represent you in court.
We will instruct the best experts available to provide expert witness evidence in written reports and in court. We also have a team of 12 interpreters who can assist you, if English is not your first language.
Unfortunately, we are unable to act for you if you contracted COVID whilst working in Scotland or Northern Ireland.
If you were working in Scotland when you contracted COVID-19, Debbie Milne, Partner at Jackson Boyd Lawyers, can assist. Please follow the link to find out more information www.jacksonboyd.co.uk/team/dmilne.
If you were working in Northern Ireland, please contact Damian McGeady, Partner at Laceys Solicitors. Please follow the link to find more information https://www.laceysolicitors.com/about-us/our-team.
Join the Action:
Please only complete this form if you contracted COVID-19 at work whilst working as a healthcare professional.
"*" indicates required fields
If you contracted COVID as a result of negligent acts of your employer/the Government during the pandemic and suffered significant injuries as a result, we can help. We consider that employees of the NHS were not appropriately protected during the pandemic which resulted in them contracting COVID and suffering injuries as a result. You should consider bringing a claim to hold the relevant bodies accountable and to be compensated for the injuries and loss you have suffered as a result of contracting COVID.
We need to fully investigate who is at fault and intend to explore all possibilities in relation to this. We will investigate claims against the individual NHS Trusts, Registered Practices, and any other healthcare provider in relation to implementation of guidance and the Government bodies who created that guidance. We consider that they may have failed to protect you from infection during the course of your employment. This investigation will help to determine who the correct defendant is.
There are time limits for bringing a claim in the courts of England and Wales as per the stipulations in the Limitation Act 1980. Accordingly, you have three years to bring an employers’ liability claim such as this starting from the date of negligence or the date of knowledge of that negligence. The court can, at its discretion, extend the limitation period in certain circumstances, but we do not advise you to rely on this and recommend you act quickly to protect your right to bring a claim.
If you think this date may have passed in your case, we recommend that you complete the enquiry form on our website to allow us to advise on your individual circumstances. We are hopeful that with legal representation, we will be able to help those who have contracted COVID be compensated for their injuries and losses.
A group litigation claim is a legal action where a group of individuals (claimants) collectively bring a claim against a defendant or group of defendants for similar harm or wrongdoing and will typically seek compensation for damages or injuries caused by a shared issue; such as the contracting of COVID due to a breach of duty owed to you during your employment.
Group litigation claims are typically used for cases where many individuals have suffered similar harm, such as a result of contracting COVID or losses due to a common event or action, such as injury at work. To assess suitability, the court will look at the areas of commonality and decide whether to grant a Group Litigation Order. If the court refuses to award this, we will link the cases and utilise group case management directions.
To determine if you qualify, and if you have not already signed up, you should complete the enquiry form. We will then assess your eligibility based on specific criteria obtained using our survey, which will confirm how the infection affected you and those close to you.
The duration of a group litigation claim can vary significantly depending on a range of factors such as the complexity of the case, the number of claimants involved and whether there is an admission of liability.
In a standard employers’ liability claim, we need to prove the following:
- Duty of care
- Breach of duty
- Causation – causal link between the breach of the duty and your injuries and losses.
Once the initial documents have been returned signed and our initial investigations are complete, a Letter of Claim would be sent to the proposed defendants which will include the basis on which the claim is made, a concise summary of the facts, the details of the loss suffered and what the claimants seek to recover from the defendant. We will take witness statements from you and all potential witnesses and will gather as much information/ documentation as possible to support your case (this may not happen immediately in all cases in a group action).
The court rules say the defendant should acknowledge the Letter within 21 days and respond in 3 months. This is called a Letter of Response and should confirm whether liability is admitted. If it is not, the reasons why, together with an explanation as to which facts and parts of the claim are disputed will be detailed and reviewed by us. The parties will also disclose key documents relevant to the issues in dispute.
We also look at the value of your claim. To determine this, we will obtain evidence from you to support your injury and loss, including your medical records and independent medical report(s). We will likely obtain some of this evidence whilst we are investigating liability where this has not been admitted.
The evidence regarding your injury, treatment, present condition, prognosis for the future and all consequential loss will dictate the level of money you will receive. We will try to agree the compensation award with the defendants but if this is not possible, a Judge may need to decide the amount at Trial.
For a group litigation case it is likely that several test cases will be ran in this way and all other cases will remain on hold until these are decided.
Compensation is split into two categories; General damages and Special damages.
This is the payment for any pain, suffering and loss of amenity you suffered as a result of contracting COVID.
This is payment for any financial losses both in the past and future. This will cover past and future loss of earnings, loss of pension, medical expenses, rehabilitation costs, care, travel, loss of enjoyment of holidays and other related expenses that are not covered by general damages.
You may be unable to work overtime, work in private practice alongside your NHS work, write research papers, or act as an expert witness, and any loss suffered as a result would be included within your claim.
Ultimately any financial losses that we can calculate or speculate will be included. We are very experienced in this area and together with expert evidence will be able to assist in proving these heads of loss.
Credit will be given for any payments that have been or are expected to be received, such as sick pay or ill-health retirement payments as you are only able to recover for the same item once. You will not suffer adversely as a result of making a claim.
If you or your partner are in receipt of means tested benefits, any compensation of more than £6,000 could affect your entitlement. We will assist you in considering a Personal Injury Trust (PI Trust).
A Trust is not just beneficial if you or your partner are in receipt of means tested benefits. A Trust will allow you to ‘ringfence’ your compensation against future care fees, potential divorce proceedings as well as preserving your funds for as long as possible.
Once we receive your information, we will set up your individual case using our Case Management system. Our Conditional Fee Agreement and Client Care Letter will follow and be sent to you via email.
Once you have signed these documents and undertaken satisfactory ID checks, we will ask you to complete an online survey and send us any documents you have. One of our specialist lawyers will then review your claim.
As the case progresses, we will provide updates via email. We will also update the content and FAQs on our website.
We want to reassure you that we would not require, nor expect, any upfront costs to be paid before bringing a claim. Instead, if successful, any costs payable will be deducted from your award of damages. We will run this case utilising a Conditional Fee Agreement, you will recognise this as “no win, no fee”.
So long as the claim is not deemed fraudulent and you co-operate with us and do not withdraw your claim when there are prospects of success, you will not be liable for any costs incurred under the ‘No-Win No-Fee’ agreement.
If you feel that your cognitive impairment is such that you cannot understand the costs implications or any of the information provided in the Conditional Fee Agreement or Client Care Letter, it may be that you do not have sufficient mental capacity pursuant to the Mental Capacity Act 2005. If this is the case, please contact us (with the assistance of a family member or friend if required) and we will advise further on your options.