Many injured workers need help they never needed before: getting washed and dressed, cooking, shopping, cleaning, driving to appointments, or simply someone keeping an eye on them. The law recognises that this help has a value, whoever provides it.
What kinds of care can I claim for?
Personal care, such as help washing, dressing and moving around; domestic help, such as cleaning, cooking, laundry, gardening and DIY you can no longer do; help getting to medical appointments; and supervision or emotional support where the injury affects your safety or mental health. Both past care (from the accident to settlement) and future care are recoverable.
Can I claim for care from family and friends?
Yes. This is called gratuitous care. Following the House of Lords decision in Hunt v Severs [1994], the injured person recovers the reasonable value of the care, and holds that sum for the benefit of the family member or friend who provided it. The carer does not need to have given up paid work.
How is unpaid care valued?
Usually by working out how many hours of care were given and applying a commercial carer's hourly rate. Courts then normally make a reduction, often around 20 to 25 per cent, because family carers do not pay tax or agency costs. The more detailed your records, the better: keep a diary of who helped, with what, and for how long.
What about professional care?
If you pay carers, cleaners or a care agency, you can recover the reasonable cost in full, supported by invoices or receipts.
How are future care needs assessed?
In more serious cases, an independent care expert assesses your needs and costs them for the rest of your life or the expected recovery period. Those annual costs are converted into a lump sum using the Ogden actuarial tables and the discount rate set by the Lord Chancellor. Future care is often the largest single part of a serious injury claim.
What is a case manager?
In serious injury cases, a case manager coordinates rehabilitation, therapies, equipment and carers. Their reasonable costs are recoverable, and insurers often agree to fund one early under the Rehabilitation Code.
Can I get money for care before the claim settles?
Yes. Where the employer has admitted liability, or is likely to be found liable, you can ask for an interim payment to fund care and equipment now. See interim payments explained and home adaptations after a work injury.
Sources
Browse every plain-English guide in the work accident guides hub, or read the main guide to how a claim works.
This guide is for general information only and does not constitute legal advice. Every claim turns on its own facts. For advice about your specific situation, speak to a regulated solicitor.