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Gym Injury Claims

Going to a gym regularly is known to boost a person’s physical and mental health, and yes, sometimes you can overdo it and hurt the next day, but if you’ve been injured at a gym and it wasn’t your fault, you could be eligible to claim compensation.

Gym injury compensation claims

Working out regularly in the gym is known for helping to fight problems such as high blood pressure, heart conditions, and obesity and increasing mobility and overall fitness. But sometimes, a visit to the gym doesn’t come without risk.

A lot of the equipment used in a modern gym features large and heavy components, which, if not handled or maintained correctly, could result in injury to the person using them. A lack of supervision by gym staff whilst equipment is in use can lead to serious injury too.

To learn more about making a gym injury compensation claim, or to find out if you’re eligible to claim compensation, call 0800 234 6438 for free today and speak with a trained legal advisor, or enter your details into one of the callback forms on this page. If they believe you have a claim to pursue, they’ll partner you with specialist personal injury solicitors who will take on your case on a no win no fee agreement.

Types of gym injuries

The kinds of personal injury you could suffer in a gym range in severity. For example, a simple strain or pulled muscle is a common gym injury you’re likely to recover quickly with little rest and aftercare. But sometimes injuries like torn cartilages and ligaments can occur, which can cause long-term damage and mean you’re unable to train for months afterwards.

Some examples of serious gym accidents are:

  • Heavy free weights being dropped onto the body, such as toes, head or chest
  • Poorly maintained equipment, such as treadmills and rowing machines, causing injuries
  • Improper supervision by gym staff whilst equipment is in use
  • Tripping on loose equipment that hasn’t been stored correctly

People can also sustain injuries from trying to lift too much weight too soon or carrying out exercises in an incorrect way. For example, the most common activities performed wrongly are bicep curls, chest presses and squats.

If this type of injury happens while under the supervision of a gym trainer, they could be liable for any injuries caused.

If you’ve been injured at the gym and feel that the gym’s owners or staff members were negligent in their duty of care toward you, you might be able to pursue a compensation claim.

Does my gym have a duty of care?

In short – yes.

Whilst you might be more prone to injury whilst at the gym, the owners of that gym and its staff still have a duty of care to minimise the risk of injury to you as much as is reasonably possible.

Although there are no laws relating specifically to safety within gyms, they are covered by more general legislation that applies to other types of businesses that ensure the safety of visitors and staff.

Gyms and the Occupiers Liability Act 1957

The Occupiers Liability Act 1957 means the gym owner (occupier of the premises) is responsible for keeping visitors safe by ensuring the environment and the premises are in a good and safe condition.

For example, this will include:

  • Ensuring the equipment is safe to use
  • Making sure gym instructors are qualified and trained
  • Trip hazards are kept to a minimum

Whilst a gym environment might be considered “high risk”, the Occupiers Liability Act ensures that the premises’ owners do as much as they can to protect you from injury. This also means that if you are injured and the accident was preventable, you’re likely to be able to make a compensation claim.

Gyms and the Health and Safety at Work Act 1974

In a gym, it’s not just members who might be at risk of injury. For example, a personal trainer employed by the gym might also be likely to sustain an injury whilst helping others or using equipment themselves.

The Health and Safety at Work Act 1974 also imposes a legal duty to ensure:

  • All equipment is kept in a safe condition
  • Floors are kept free from obstructions, water, etc., which could cause slips, trips and falls
  • Duty to inform all those using the equipment – whether staff or visitors – how to use the equipment safely

An additional bit of legislation, the Enterprise and Regulatory Reform Act 2013, means that a claim for negligence due to the poor maintenance of equipment now needs what is known as a “higher burden of proof”. This means that your solicitor will have to be able to prove that the gym owners did not maintain equipment properly, whereas, before this legislation change, they were responsible even if they had taken the correct steps to ensure your safety.

However, you won’t be able to claim if the injury was your fault – for example, if you ignored a trainer’s clear instructions on how to use the equipment safely.

DID YOU KNOW: A local authority will be in charge of enforcing safety standards in a gym unless that gym is owned or controlled by the local authority, in which case the enforcing authority is the Health and Safety Executive.

What should I do if I have an accident at the gym?

The first thing to do in the event of a gym injury is to seek medical help. The gym will usually have trained first aiders on site, who will be able to help you – and also take an official record of your accident. This will be important in proving your case if you wish to claim compensation for your injury.

Unless your injuries were minor, you should also ask if the gym management has reported the incident to the Health and Safety Executive.

If you are okay with returning home without going to A&E, try to take photos of any bruising, cuts or any visible damage caused by your accident. This will also be vital information to provide a solicitor if you claim.

Can I make a gym injury claim on a no win no fee basis?

You can make your gym injury claim on a no win no fee basis, which means if you don’t win, you don’t have to pay anything towards your legal costs.

With no win no fee claims, there aren’t any upfront charges or hidden costs. When you speak to a personal injury solicitor, they’ll be able to let you know whether they think your compensation claim following a gym accident will be successful or not.

If you win your case, your personal injury solicitor will charge you a ‘success fee’ as a percentage of the compensation you receive, but this will only take up a maximum of 25% – so you’ll still get to keep most of it. This amount will be agreed upon between you and your solicitor before you start your claim.

To learn more about making a gym injury compensation claim, or to find out if you’re eligible to claim compensation, call 0800 234 6438 for free today and speak with a trained legal advisor, or enter your details into one of the callback forms on this page.

How does the gym accident claims process work?

Before making a personal injury claim, it’s essential to determine whether you’re eligible for compensation. The best way to do this is by calling 0800 234 6438 and speaking to a trained legal advisor for free.

Many people make the mistake of going straight to a solicitor – but there are numerous reasons why you shouldn’t do that.

Traditional solicitors charge upfront fees, so they’re getting paid regardless of whether you win or lose the case. If you don’t manage to secure compensation, it might result in long-term financial difficulties, and you could also get into debt.

In contrast, there are plenty of TV adverts where you see no win no fee law firms saying they’ll help you win compensation – but are they all reputable?

Free legal advice ensures you can connect with a professional no win no fee legal firm specialising in personal injury claims.

Gathering evidence

To prove negligence in your gym accident compensation claim, your lawyer will present evidence to the other party’s insurance provider. You can help the process run smoothly by gathering witness statements and ensuring the gym fills out a health report.

Personal injury solicitors will also request any available CCTV footage and look at your medical treatment records. You’ll probably have to attend a medical assessment to confirm your injuries and their impact on your daily life.

Negotiating a compensation amount

Once your lawyer puts together a figure, they’ll present it to the negligent party and try to secure the maximum gym injury compensation possible.

The negotiations are always a worrying time for claimants, but it’s important to remember that the negligent party wants to reach a settlement too.

Court proceedings can happen – but they’re pretty rare, and your lawyer will consult with you during negotiations to see what you want to do.

Settling the claim

Once your lawyer settles on a gym compensation claim amount, they’ll take their fee out of the award, and you’ll receive the rest of the money. The entire process can be relatively quick, or it might take longer to settle – but a no win no fee lawyer will work on your case until it resolves.

Start your compensation claim today

The first step to claiming gym injury compensation is to speak to a trained legal advisor today – call 0800 234 6438 for free, or enter your details into one of the callback forms on this page. If they believe you have a claim to pursue, they’ll partner you with specialist personal injury solicitors who will take on your case on a no win no fee agreement.

You shouldn’t have to suffer for any injuries sustained during a visit to the gym, and compensation can help you pay for medical expenses and time away from work.

Get the ball rolling on your compensation claim today with a professional solicitor.


How much compensation will I receive for a gym accident claim?

You’ll be entitled to a payment if you can prove your gym accident was due to negligence. However, the amount depends on factors such as how the incident occurred and its impact on your daily life.

Your lawyer will also factor in general and special damages to calculate an amount. While general damages count as the injury and loss of amenity, special damages account for financial losses due to time off work, transport costs, care needs and anything else.

There’s no set fee for an accident in a gym, but you can use a compensation calculator to see the potential payments for your injuries.

General compensation amounts include:

  • Arm fractures: £6,620 to £19,200.
  • Neck injury (minor): £2,450.
  • Severe neck injuries: £65,740 to £130,930.
  • Shoulder injuries: £5,000 to £12,770.
  • Chest injuries: £2,190 to £5230.
  • Moderate back injuries: £12,510 to £27,760.

The best way to discover how much compensation you could receive is to talk to your lawyer, as they’re experienced in handling no win no fee gym injury claims.

How long does the claims process take?

It entirely depends on how receptive the negligent party is to your claim. Some compensation cases settle within a couple of months, while others might take longer – especially if court proceedings are necessary.

Your lawyer will give you an idea of the timeframe, and keep you updated during the negotiations. However, it’s important to realise that no claim is settled immediately and it will take time to receive compensation.

Can I claim for a gym equipment accident if I sign a waiver?

Yes, you can. Gyms often ask people to sign waivers, but this isn’t a way of absolving responsibility. Those waivers protect the gym if you don’t use the equipment responsibly, but they don’t cover faulty machines or hazards.

So, in most cases, you can still claim gym accident compensation – if the gym was negligent.

What are the rules about claiming gym accident compensation for someone else?

Gym users must be 16 years old or 14-15 years old if their parent or legal guardian is in the gym. So, it’s rare that a person under 18 will have an accident. However, teenagers can claim compensation when they turn 18, as long as they’re within the three-year time limit.

If a loved one has a fatal accident at the gym, their loved one can also claim compensation on their behalf.

I feel bad about claiming compensation. Is it the right thing to do?

Nobody wants to think they’re putting others in financial difficulty, and many people wonder if they should claim compensation for an accident at the gym. But, the critical thing to remember is that any payment you receive won’t come out of the gym owner’s pocket.

They have insurance which is in place for incidences like this, so you won’t have to worry that your personal injury case will put them out of business.

Also, many common gym accidents are avoidable, so filing for compensation often means you’ll make a difference. Gym negligence cases can highlight health and safety problems, reducing the chances of other people getting hurt in the future.

To learn more about making a gym injury compensation claim, or to find out if you’re eligible to claim compensation, call 0800 234 6438 for free today and speak with a trained legal advisor, or enter your details into one of the callback forms on this page.

You have nothing to lose and potentially a lot to gain.

Other Important Information

*No Win No Fee

  • Although all our cases are handled on a no win no fee basis, other costs could be payable upon solicitors request. These will be fully explained to you before you proceed. Most customers will pay 25% (including VAT) of the compensation they are awarded to their law firm, although this may vary based on individual circumstances. Your solicitor may arrange for insurance to be in place for you to make sure your claim is risk free. Termination fees based on time spent may apply, or in situations such as: lack of cooperation or deliberately misleading our solicitors, or failing to go to any medical or expert examination, or court hearing.
  • *Criminal Injury Claims

  • If you want to make a claim for a criminal injury, you are not required to use the services of a claims management company to pursue the claim. You can submit your claim for free on your own behalf, directly to the Criminal Injury Compensation Authority (England, Wales, and Scotland) or the Criminal Injury Compensation Scheme (Northern Ireland).
About the Author

Nicola Laver LLB

Nicola is a dual qualified journalist and non-practising solicitor. She is a legal journalist, editor and author with more than 20 years' experience writing about the law.

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If you win your case, your solicitor's success fee will be taken from the compensation you are awarded - up to a maximum of 25%. Your solicitor will discuss any fees before starting your case.