Yes, you can make dual claims in Scotland if you were injured at work and then received negligent medical treatment. You may be entitled to compensation for both your work injury and medical negligence. National Claims can connect you with experienced solicitors who specialise in these types of dual claims.
When One Injury Turns into Two Problems
Being injured at work is bad enough—but what if the treatment you receive after the accident makes things worse? Unfortunately, this is the reality for many people in Scotland. If you’ve suffered a workplace injury and then experienced poor medical care, you could be eligible to make two separate compensation claims: one for the accident at work, and another for medical negligence.
At National Claims, we understand how complex these situations can feel. That’s why we help you get in touch with specialist solicitors who will guide you through both claims and fight for the compensation you deserve.
What Is a Dual Claim?
A dual claim is when you pursue two legal claims for related but distinct incidents. In this case:
- Claim 1: For the original workplace injury (e.g., slip, fall, machinery accident).
- Claim 2: For medical negligence during or after treatment (e.g., misdiagnosis, delayed surgery, improper care).
You’re entitled to fair treatment not just from your employer, but also from the NHS or any medical provider involved in your recovery. If either party lets you down, you have legal rights.
Can You Claim for Both a Work Accident and Medical Negligence in Scotland?
Yes, you can. In Scotland, the law allows you to pursue both claims as long as you can prove:
- The employer was negligent and caused your injury at work.
- The medical professional failed in their duty of care, worsening your condition.
This means you may receive two separate compensation payouts—each reflecting different forms of negligence.
You don’t need to manage this on your own. National Claims will help connect you with experienced solicitors who handle complex dual claims in Scotland.
Common Scenarios That Lead to Dual Claims
Here are a few real-world examples where dual claims may apply:
- A factory worker injures their hand on unsafe machinery. During surgery, a nerve is accidentally damaged, leading to long-term disability.
- A delivery driver slips on an ungritted surface at work. Later, hospital staff fail to detect a fracture, causing the injury to worsen.
- An office worker develops back pain from poor workstation setup, and their GP misdiagnoses it as a minor issue—delaying vital treatment.
In each case, both the employer and medical provider may be at fault.
How to Start a Dual Claim in Scotland
Here’s how you can start your claim journey:
- Report the work accident to your employer and make sure it’s recorded in the accident book.
- Gather evidence – photos, witness statements, and medical records.
- Request your medical records from your GP or hospital.
- Contact National Claims – our team will connect you with experienced solicitors who will assess your situation and advise on the best route forward.
Most solicitors offer a no win, no fee service, so there’s no financial risk to start your claim.
What Evidence Will You Need?
The more evidence you have, the stronger your claim. Useful items include:
- Photos of the injury and the accident location
- Correspondence with your employer or NHS staff
- Medical reports, scans, or test results
- Prescription or surgery records
- Witness statements
- A pain diary showing how your condition has affected daily life
National Claims can help gather and organise this evidence with your solicitor.
How Much Compensation Can You Claim?
Compensation depends on the severity of your injuries, the impact on your life, and the level of negligence. Here’s a general breakdown:
| Type of Damage | Estimated Compensation (£) |
|---|---|
| Minor Work Injury | £1,000 – £6,000 |
| Severe Work Injury (e.g., spinal) | £10,000 – £100,000+ |
| Medical Negligence (minor error) | £3,000 – £25,000 |
| Serious Negligence (e.g., disability) | £50,000 – £250,000+ |
| Psychological distress | £1,000 – £15,000 |
| Loss of earnings or future earnings | Varies based on your salary |
Your solicitor will assess all angles of your situation to ensure you receive the maximum possible compensation.
People Also Ask
Q1. Can I sue both my employer and the NHS in Scotland?
Yes, if both parties were negligent. You can make two separate claims for a work injury and medical negligence.
Q2. Is it difficult to prove medical negligence in Scotland?
It can be complex, but with medical reports, expert evidence, and legal support, your solicitor can help you build a strong case.
Q3. How long do I have to make a dual claim?
In Scotland, you usually have three years from the date of the injury or when you became aware of the negligence. It’s important to act quickly.
Q4. Will I have to go to court?
Most claims settle out of court. However, if your case does go to court, your solicitor will handle everything on your behalf.
Contact National Claims today, and we will put you in touch with an expert solicitor who can guide you through the claims process.📞 Call us now free 0800 029 3849 or 📩 Submit an online enquiry to speak to our team. Your safety and well-being matter, and we’re here to help.
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