How Much Compensation For Prison Injury Claims?

How much compensation for prison injury claims you could receive depends on factors such as the severity of the injury sustained and the impact on your life. In a successful claim, prison injury compensation may include general and special damages. The first category deals with the physical and mental impact of the injuries, while the second category deals with the financial implications of the injuries.

For general damages, solicitors usually refer to the Judicial College Guidelines (JCG) along with the available medical evidence. The JCG provides a list of different injuries and the compensation brackets that could be considered for them. We have created a table containing some of the figures relevant to prison injuries, except for the top entry. Please consider the table only as guidance.

Injury	Notes	Compensation Guidelines
Multiple Severe Injuries and Special Damages	The injuries may physical and psychological and could lead to a financial struggle due to medical costs.	Up to £1,000,000+
Brain Damage- Moderately Severe	There is a serious disability, such as limb paralysis, intellectual deficit or a need for professional care.	£267,340 to £344,150
Facial Scarring- Less Severe	There is substantial amount of scarring and a corresponding psychological reaction.	£21,920 to £59,090
Back Injury-Moderate (i)	This bracket can include crush or compression fractures in the spine which can cuase constant discomfort and pain.	£33,880 to £47,320
Neck Injury- Moderate (i)	This bracket can include discloations, fractures or soft tissue injuries which can lead to severe symptoms immediately and a requirement for spinal fusion.	£30,500 to £46,970
Knee Injuries- Moderate (i)	There could be a torn meniscus or cartilage, which causes weakness, wasting and instability or any other disability of a mild nature.	£18,110 to £31,960
Wrist Injury- Severe (c)	While the injuries aren't as severe, there is still some stiffness and pain or other permanent disability.	£15,370 to £29,900
Toe Injuries- Serious	Two or more toes could have crush injuries or fractures and there could be pain, scarring or some form of discomfort.	£11,720 to £16,770
Ankle Injuries- Modest	This category can include sprains, ligament tears or minor fractures.	Up to £16,770
Hand Injuries- Index Finger Fracture	While the fracture has repaired, there is still pain on heavy use and the grip is still impaired.	£11,120 to £14,930

Use our compensation calculator now to find out how much compensation you could get.

Can Prison Injury Compensation Cover Special Damages?

A successful prison injury claim may include special damages for any financial hardships caused by your injuries, such as:

Loss of earnings due to an inability to work.
Medical expenses, including fuel or transport for travelling to appointments.
Physical aids, such as neck collars, plasters and crutches.
Professional nursing care or other services.
Other costs, such as counselling or physiotherapy.

It is important that you save proof of these costs to help ensure that they can be recovered. You may want to keep documentation such as your wage slips, receipts and invoices.

Do you wish to know how much compensation for prison injury claims for psychological damage? Speak to our advisors now, who can provide a free estimate of your claim. During your assessment, they can also advise on what costs you may be able to recover as well.

Who Can Make A Prison Injury Compensation Claim?

Depending on the nature of the incident, both injured prisoners and workers may be able to claim prison injury compensation. For any personal injury claim, the eligibility is usually as follows:

The party had a duty of care towards the injured person in the given situation.
This duty of care was breached.
The injury was a result of the breach.

A duty of care means a legal responsibility towards any person in a given situation. This responsibility often depends on the circumstances of the incident leading to the injury and the law related to the same.

Claiming Compensation As An Injured Prisoner

His Majesty’s Prison Service (HMPS) is a government body which manages the custody of prisoners within England and Wales. The HMPS has a duty of care to protect those under their custody from foreseeable injury or harm. Under the government guidance on keeping adult prisoners safe, governors are supposed to take steps to protect prisoners from any neglect or abuse and to create a mechanism for reporting any incidents.

The government has also laid down the following rights for prisoners:

Protection from racial harassment and bullying.
Being allowed to get in touch with a solicitor.
Access to healthcare.

There is training provided to the prison staff to identify vulnerable prisoners and provide them with special support. Vulnerable prisoners are those who are at risk of self-harm, suicide or bullying. Such prisoners must be kept in separate units from others, known as vulnerable prisoners’ units.

Compensation Claims For Prison Workers

The HMPS also has a duty of care towards its employees, including prison workers, care officers, and even prisoners, during their shifts. Under the Health and Safety at Work etc. Act 1974, employers are bound to take reasonable steps to protect their employees from harm. Therefore, the duties of the HMRP as an employer include:

Providing sufficient training, supervision and information to its employees to ensure that they can discharge their duties safely.
Maintaining a safe work environment without any health risks for the employees, as much as reasonably possible.
Ensuring the absence of any risks while handling, storing or using any equipment.

Find out how much compensation for prison injury claims is possible if claiming for an injury at work by speaking to an advisor now.

Can I Get Compensation For Assault In A Prison?

If you’ve been assaulted as a prison worker or inmate, you may be able to claim compensation through the following avenues:

Suing the perpetrator directly: This option would be feasible if the perpetrator is identifiable and has the means to pay you compensation.
Vicarious liability of the HMPS: As discussed so far, prison authorities have a duty of care towards their employees as well as the prisoners. Therefore, if the assault occurred due to a breach of this duty, such as understaffing or a failure to identify vulnerable prisoners, the HMPS may be held liable.
Criminal injury claim: You may be able to claim compensation through the Criminal Injuries Compensation Authority (CICA) if you fulfil certain eligibility requirements.

Can I Claim Criminal Injury Compensation For An Assault In Prison?

If you wish to make a criminal injury claim through the CICA, the eligibility is as follows:

You were injured in an assault or a violent crime.
The violent crime occurred in England, Scotland or Wales.
A police report has been made.
You’re making the claim within the time limit, which is usually 2 years from the date of the incident.

However, it is important to note that you may not be able to make a criminal injury claim as a prisoner if you’re convicted. There are 2 types of conviction:

Spent conviction: A certain period of time has passed, and the penalty has been completed. This means that the crime is no longer part of your criminal record.
Unspent conviction: This means that the rehabilitation period is still going on, and the crime will show up on your criminal record.

If you have a spent conviction, you may be able to claim through the CICA. However, your compensation may be denied or reduced if you have an unspent conviction on the date of your application, or are convicted before the final decision. If you’re a prisoner having an unspent conviction, you won’t be able to make a CICA application if the conviction led to:

Custodial sentence.
Youth rehabilitation order.
A sentence which is excluded from rehabilitation.
Removal from His Majesty’s service.

You must let the CICA know immediately if you receive a conviction while your application is being considered.

Wondering how much compensation for prison injury claims is possible in case of a criminal injury? Get in touch with our advisors now.

What Are Some Examples Of Accidents Covered In Prison Compensation Claims?

Here are some examples of the accidents which may come under prison compensation claims for workers and prisoners:

Injured Prisoners

Defective facilities: The prison authorities have failed to ensure that all the beds are in proper condition. Sleeping on a broken bed causes a prisoner to sustain serious hip and pelvic fractures.
Slips, trips and falls: There is no warning sign placed on a floor which has been cleaned. This causes a prisoner to slip and fall on their head, leading to a concussion.
Sports and exercise injuries: The equipment in the prison’s gym has not been upgraded. A prisoner uses a treadmill with defective speed buttons. Since he is unable to reduce the speed, he falls and breaks his nose.
Assault: The prison authorities haven’t identified a vulnerable prisoner who suffers from depression and is prone to self-harm. Therefore, she is placed in a cell with dangerous criminals and is physically assaulted, leading to scars and bruises all over her body.

Injured Prison Employees

Manual handling injuries: An employee is required to lift heavy loads that are intended to be carried by two people. The heavy weight causes the employee to sprain his back and shoulders.
Cluttered corridors: The prison storeroom floor is cluttered with boxes and other objects and hasn’t been cleaned in a long time. This causes a worker to trip and fall, causing a knee injury.
Assault injuries: A fight breaks out between the prisoners in the dining area. Due to insufficient staffing, a prison warden has to intervene by themselves to end the fight. They end up sustaining bite injuries and lacerations due to scratches.
Slip, trip and fall: Due to defective handrails which haven’t been repaired, a prison guard falls down the stairs and breaks their foot.

Call our team now to find out how much compensation for prison injury claims you could get for different injuries.

What Do I Need When Bringing A Prison Accident Claim?

It is important to start collecting evidence in support of your prison accident claim. You must also make sure to start your claim within the time limit, which is usually 3 years, under the Limitation Act 1980.

Depending on the circumstances of your accident, you may receive an exemption from this time limit. You can head over to our guide on the limitation period, and you can get in touch with our advisory team for more information on proving negligence.

We recommend seeking expert guidance for these steps since they are important in determining how much compensation for prison injury claims a person could get.

Get Help From How Much Compensation’s Panel Of Solicitors

Making a prison injury claim can be a very complicated process. Therefore, it is recommended that you consult our panel of solicitors, who can help in the following ways:

Providing information on mental health wellness and services.
Calculating how much compensation for prison injury claims could be sought.
Gathering evidence in support of your claim.
Arranging a medical examination for the purpose of evidence and calculating general damages.
Informing you of the correct time limit to start your claim.
Preparing court documents in case of litigation.
Providing updates on your case and maintaining transparent communication.
Educating you about the rights of prisoners and prison workers, if applicable.

If you have an eligible claim, you will be connected to our panel of solicitors, who also offer No Win No Fee services. Therefore, your personal injury solicitor will work on your case on a Conditional Fee Agreement (CFA), which means that they won’t request a solicitor’s fee:

Upfront, in the beginning or in the middle of your claim.
If your case is lost.

If your prison injury claim proves successful, your solicitor will take a success fee out of your compensation. This represents a small percentage of your compensation, with a legal limit in place to prevent extortion.

Contact Our Advisors To Start Your Claim

For more information on No Win No Fee agreements, contact our team now:

Call on 0800 408 7826.
Reach an advisor directly on live chat.
Contact us online.

Learn More

Thank you for reading our guide to find out how much compensation for prison injury claims is possible.

Here are some of our other guides:

Information on how much compensation for a hit and run.
Our multiple injury compensation calculator.
Details on how much compensation for pub or bar accidents.

You may also go through some of these external resources:

Government statistics on safety and order in prisons.
Information about the Prisons and Probation Ombudsman.
NHS overview on post-traumatic stress disorder.

Meet the Team

Michael Higgins

Working within one of our panel firms of legal experts, Michael is a highly experienced legal professional. Since February 2023, he has been the Deputy Manager of Road Traffic Accidents, bringing over 14 years of dedicated experience to representing victims of road traffic accidents and fiercely advocating for his clients.

A delivery van swerved and knocked me off my bicycle. My collarbone was fractured, and I was out of work for months. The solicitors handled everything with professionalism. They even came to my home, sat with me, and went through all details — despite the distance. That effort meant a lot. Their work gave me financial relief. I will definitely recommend them.

I’ve used them twice now for car accidents and every time the service has been first class. They really care about getting the best outcome for you and are fantastic at what they do.

I thought I was going to die. The pain, the fear, I still have flashbacks. But this legal team never flinched. They got justice when I was too broken to fight.