Claim Compensation For Broken Leg At Work
Suffering a broken leg at work can be a life-changing event. It not only severe physical challenges but also considerable legal and financial implications. In the UK, workplace injuries such as leg fractures or broken leg are alarmingly common, particularly in environments where physical tasks are part of the daily routine, such as in construction, manufacturing, or warehousing.
A broken leg can vary widely in severity—from simple fractures that may heal within a few weeks with minimal intervention, to complex breaks that require surgical repair and prolonged periods of rehabilitation.
We offer free initial advice for handling for leg & foot injuries claims at workplace. When it comes to take on accident at work cases, we can offer a No Win, No Fee service. This means you don’t have to pay us anything if we won’t be able to secure compensation for you.
What is UK law about broken leg injury at workplace?
Under UK law, employers are obligated to ensure the safety and health of their employees while at work. This includes providing a safe work environment, conducting regular risk assessments, and implementing adequate safety measures to prevent accidents like fractures. When a leg fracture occurs as a result of an employer’s negligence or failure to comply with health and safety regulations, affected employees have the right to pursue claims for compensation. This compensation is not just for the injury itself, but also for the loss of earnings, medical expenses, and potential future treatments.
Why there are so many leg related injuries at workplaces?
The prevalence of broken leg injury claims in the UK can be attributed to several factors, ranging from workplace conditions to legal and cultural aspects. Here’s an in-depth look at why these types of claims are relatively common:
Widespread Industrial and Construction Activities: UK has a substantial number of industries where physical labor is prevalent, such as construction, manufacturing, and logistics. These sectors often involve high-risk activities including working from heights, handling heavy machinery, and moving large loads. The inherent risks associated with these tasks lead to a higher incidence of workplace accidents, including leg fractures.
Strict Health and Safety Regulations: UK is known for its stringent health and safety laws which are enforced to protect workers. The Health and Safety at Work etc. Act 1974, for instance, places a duty on employers to ensure the safety of their workers. This legal framework not only encourages the reporting of injuries but also supports workers in claiming compensation for injuries suffered due to potential negligence.
High Awareness and Legal Support: There is a high level of public awareness about workers’ rights and the legal recourse available in cases of workplace injuries. The UK has numerous solicitors and law firms specializing in personal injury claims, including broken legs. These legal experts often work on a ‘no win, no fee’ basis, making it easier and less risky for injured parties to file claims.
Comprehensive Workers’ Compensation and Insurance Systems: Employers in the UK are required to have employers’ liability insurance, which covers the cost of compensation for injuries and illnesses that happen because of work. This insurance system ensures that there are funds available for compensation, thereby facilitating a smoother claims process for injured employees.
Cultural Attitudes Towards Claiming Compensation: Cultural attitudes in the UK towards compensation for personal injuries are generally positive, with a societal recognition of the importance of supporting individuals who are injured through no fault of their own. This cultural norm supports and legitimizes the pursuit of claims for workplace injuries.
Increased Casual and Temporary Work: The rise of casual and temporary work arrangements, where workers may not have the same level of training or familiarity with the working environment as permanent staff, can lead to a higher incidence of accidents. Temporary workers are often less aware of specific risks and safety practices, making them more vulnerable to injuries, including broken legs.
Main Causes of Broken Leg Injuries at Workplace
Preventing broken leg injuries in the workplace involves a comprehensive approach including hazard assessment, provision and enforcement of appropriate safety gear, employee training, and maintaining a safe working environment. Understanding these causes and implementing preventive measures can significantly reduce the risk of injuries at work.
Unfortunately, there are individuals and organisations who prioritise speed over safety, and most of the times these are the reason that accidents happen.
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Can I Claim For Broken or Fractured Leg at Workplace?
Yes, if you suffered injury at work and have broken or fractured leg, you may have grounds to make a compensation claim. Such claims typically fall under the category of workplace injury or occupational accident claims. Here are some key points to consider:
Employer’s Duty of Care: Employers have a legal obligation to ensure a safe working environment. This includes providing proper training and safety equipment, and maintaining safe working conditions. If your injury resulted from a breach of this duty, your employer might be liable.
Negligence and Liability: To make a successful claim, you generally need to demonstrate that your employer was negligent. This means proving that they failed in their duty to protect you from harm and that this failure directly led to your injury.
Worker’s Compensation: In many jurisdictions, workers are covered by worker’s compensation insurance, which provides benefits to employees who suffer work-related injuries.
Personal Injury Claim: Apart from workers’ compensation, you might have the option to file a personal injury claim against your employer, especially if negligence is involved. This could lead to compensation for medical expenses, lost wages, pain and suffering, and other damages.
Legal Advice: It’s crucial to seek legal advice from a solicitor specializing in workplace injuries. They can guide you through the process, help gather necessary evidence, and represent you in negotiations or court proceedings.
Statute of Limitations: Be aware that there are time limits for filing such claims. This varies by jurisdiction, so it’s important to act promptly.
Documentation and Evidence: Gathering detailed medical records, accident reports, witness statements, and any other relevant evidence is vital to support your claim.
How Much You Can Claim For Broken or Fractured Leg at Work?
This vary widely based on several factors, including the severity of the injury, the impact on your lifestyle, any potential future complications, and the length of time it impacts your ability to work. Compensation is typically calculated by considering general damages (for pain, suffering, and loss of amenity) and special damages (to cover financial losses and expenses).
Here are some general guidelines with tentative amounts:
General Damages for Pain, Suffering, and Loss of Amenity for Broken or Fractured Leg at Work
- Minor Fractures: For simple fractures of the fibula or tibia where a full recovery is expected, compensation might range from £2,300 to £7,500.
- Moderate Fractures: This includes fractures where there is some residual disability due to, for example, incomplete bone healing or significant soft tissue damage. Compensation in these cases can range from £8,550 to £25,500.
- Severe Fractures Leading to Permanent Problems: In cases where the fracture leads to constant pain, limited mobility, or other permanent issues, the compensation might be between £26,050 and £36,790. If complications are severe enough to have a substantial impact on the quality of life, such as requiring prolonged treatment or leading to osteoarthritis, the amount can increase up to £51,460.
- Very Severe Cases: For the most serious injuries where the leg has been extensively damaged, compensation can range from £51,460 to £85,600. This would be the case if there are issues such as gross shortening of the leg or permanent mobility issues that might require the use of crutches or a wheelchair.
Special Damages for Broken or Fractured Leg at Work
- Medical Expenses: These include costs for treatment, medication, physiotherapy, and potentially long-term care.
- Loss of Earnings: Compensation for current and future loss of earnings due to the injury.
- Travel Costs: To and from medical appointments.
- Home or Car Modifications: If your injury requires changes to your living or driving arrangements.
- Care Claim: If you require assistance during your recovery, even if provided voluntarily by family members.
It’s important to note that these figures are indicative and can vary from case to case. The actual compensation you may receive will depend on the specific details of your case.
Can I claim if I was partly to blame for my broken leg injury at work?
Yes, you can still make a claim for compensation if you were partly to blame for your broken leg injury at work in the UK. This is known as “contributory negligence.” In cases of contributory negligence, the compensation you receive might be reduced based on the degree of your own responsibility for the injury. It’s where both parties (you and your employer) agree on a share of the blame. For example, this could be any ratio such as 50:50, 40:60 or 20:80.
Contributory negligence occurs when the injured party has also contributed to either the cause of the accident or the severity of the injury. For example, if you failed to follow the prescribed safety procedures or were not using the provided safety equipment at the time of the accident, it could be determined that you were partly responsible.
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In such cases, the compensation awarded to you will be adjusted to reflect your part in causing the injury. The process typically involves:
Assessment of Blame: Both your employer’s and your own contributions to the accident will be evaluated. For instance, if it’s determined that you were 30% responsible for your accident, you might receive 70% of the compensation you would have otherwise been entitled to.
Negotiations: Often, the exact percentage of contributory negligence will be negotiated between your solicitor and the other party or their insurance company. If an agreement cannot be reached, it may be determined by a court.
For example, in a forklift accident compensation claim worth £30,000, the employee is judged 30% responsible and the employer 70% responsible (30:70). The total compensation payment for the claimant (you), before deduction of the relevant legal fees, would therefore be £21,000.
The easiest and quickest way to find out if you can claim for your injuries is to give us a call or request a free callback from our website. We’ll ask you a few questions about your accident, and we can then tell you over the phone if we think you have a potential claim.
Frequently Asked Questions (FAQs)
1. What should I do immediately after breaking my leg at work?
- Seek Medical Attention: Your health is the priority. Ensure you get medical help immediately.
- Report the Injury: Inform your supervisor or manager about the injury as soon as possible, as this will be crucial for any future claim.
- Document Everything: Keep records of the incident, including witnesses, what caused the accident, and details about the environment (e.g., slippery floor, no safety barriers).
- Follow Procedures: Ensure all workplace accident reporting procedures are followed, which might include filling out an accident report form.
2. Can I claim compensation for a broken leg injury at work?
Yes, If your injury occurred while you were performing your work duties or as a result of your work environment, you are likely entitled to claim compensation. This includes situations where employer negligence is a factor.
3. How much compensation can I expect for a broken leg injury at work?
Compensation varies depending on the severity of the injury, the impact on your lifestyle, any permanent disability, and your financial losses. Amounts can range significantly, so it’s advisable to consult with a solicitor who can provide an estimation based on your specific circumstances.
4. What if I was partially at fault for my injury?
You can still make a claim, but the amount of compensation might be reduced depending on your degree of fault. This is referred to as contributory negligence.
5. How long do I have to make a claim for a broken leg at work?
In the UK, you generally have three years from the date of the accident to make a claim. However, it’s best to begin the process as soon as possible to ensure all evidence is fresh and available.
6. What can I include in my claim for compensation?
You can claim for both general damages (pain and suffering) and special damages (financial losses), which might include medical expenses, travel costs to medical appointments, lost wages, future loss of earnings, and costs related to any necessary adaptations to your home or lifestyle.
7. Do I need a solicitor to make a compensation claim?
While it’s not mandatory to use a solicitor, navigating the complexities of workers’ compensation claims, especially with serious injuries like a broken leg, can be challenging. A solicitor can help ensure that you receive the maximum compensation you are entitled to.
8. What if my employer asks me not to claim?
It’s illegal for an employer to prevent you from making a claim. Your right to claim compensation is protected by law, and you should not be subjected to any detriment for claiming.
9. What types of evidence are helpful in a broken leg compensation claim?
- Medical Records: These are crucial and should detail your diagnosis, treatment, and any long-term consequences.
- Accident Book Entry: Ensure the incident is recorded in your workplace’s accident book.
- Witness Statements: Statements from colleagues or other witnesses can support your account of the incident.
- Photos and Videos: Visual evidence of the scene can help demonstrate unsafe conditions or lack of safety measures.
- Expert Testimony: In some cases, an expert’s analysis might be needed to support your claim, particularly regarding the extent of your injuries and their impact on your life.
10. Can I claim if I am a self-employed contractor?
Yes, If you’re self-employed but working under the control and direction of another business, you may still be covered under their duty of care, depending on the circumstances. It’s important to seek legal advice to understand your specific situation.
11. What should I do if I continue to experience pain or complications after my initial recovery?
- Seek Further Medical Advice: Ongoing issues may need further treatment, which should be documented.
- Update Your Claim: Notify your solicitor if your condition worsens or does not improve as expected, as this may affect your compensation.
12. How is fault determined in a workplace injury claim?
Determining fault involves establishing that your employer breached their duty of care towards you and that this breach directly caused your injury. Evidence of unsafe working conditions, lack of proper safety equipment, or inadequate training are typically used to establish fault.
13. Can I make a claim if the accident was caused by a coworker?
Yes, Employers are generally liable for the actions of their employees if those actions cause injury to others while they are at work. This is known as “vicarious liability.”
14. What happens if I can’t return to my previous job because of my injury?
- Claim for Future Losses: You may be able to claim for future loss of earnings if your ability to work is impacted long-term.
- Vocational Rehabilitation: Your claim might include the cost of retraining if you need to switch careers.
15. Are there any psychological impacts of a broken leg that can be included in the claim?
Yes, You can claim for psychological impacts such as depression, anxiety, or post-traumatic stress disorder (PTSD) if they are directly related to your accident and can be medically substantiated.
16. What if I am temporarily unable to drive due to my broken leg?
Travel Expenses: You can claim for additional travel expenses if you need to use taxis or public transport for medical appointments or if you need to hire a driver.
17. What should I expect during the legal process of a compensation claim?
- Initial Consultation: This is where you discuss your case with a solicitor.
- Evidence Gathering: Your legal team will collect all necessary documentation and evidence.
- Negotiation: Your solicitor will negotiate with the defendant or their insurer.
- Settlement or Trial: Most claims are settled out of court, but some may go to trial if an agreement cannot be reached.
Different Types of Fractures in the Workplace
A broken leg, medically referred to as a leg fracture, is a common but serious injury that can occur in various workplace settings. The severity and treatment of these fractures depend largely on the type of break and its location within the leg bones. Understanding the different types of fractures, as well as their common causes in the workplace, is crucial for both employees and employers to effectively prevent and manage these injuries.
Types of Leg Fractures
Stress Fractures: Stress fractures are small cracks in the bone that commonly result from overuse. They typically develop gradually over time when repetitive forces exceed the bone’s ability to repair itself. In the workplace, stress fractures might occur in jobs that require continuous walking, running, or jumping, especially on hard surfaces. Workers in warehousing, delivery services, and retail often face risks of stress fractures if proper precautions, such as ergonomic flooring or adequate footwear, are not provided.
Simple Fractures: A simple or closed fracture is where the bone breaks but does not puncture the skin. This type of fracture is less complicated than others as it carries a lower risk of infection. Simple fractures can occur from slips, trips, or falls at work—common scenarios include falling from ladders or tripping over obstacles in cluttered walkways.
Compound Fractures: Compound or open fractures occur when the broken bone pierces through the skin, creating an open wound. This type of fracture is particularly dangerous due to the high risk of infection and requires immediate medical attention. In the workplace, such injuries could result from high-impact accidents such as machinery malfunctions or severe falls.
Comminuted Fractures: In a comminuted fracture, the bone shatters into three or more pieces. This complex fracture type is typically the result of a high-force impact or a fall from a significant height. Industries such as construction and transportation, where workers might be exposed to falls or heavy machinery, are particularly prone to these kinds of injuries.
Greenstick Fractures: More common in children whose bones are softer and more flexible, greenstick fractures occur when the bone bends and cracks only on one side. While less common in adults, these fractures can still occur in workplace environments that involve physical impacts, such as in sporting facilities or physical education roles.
Why You Need Legal Representation: The Role of a Solicitor in Your Claim
Seeking legal representation from a knowledgeable and experienced solicitor specializing in workplace injuries is essential to protect your rights and maximize your compensation. A skilled solicitor can assess the circumstances surrounding your work accident injury, gather evidence to support your claim, and negotiate with insurance companies on your behalf. They can also guide you through the legal process, ensuring that deadlines are met, and your rights are upheld every step of the way.
A solicitor specializing in workplace injuries can be a tremendous asset. They can help in:
-Assessing the validity of your claim.
-Gathering necessary evidence and documentation.
-Negotiating with insurance companies.
-Representing you in court, if necessary.
How much will it cost to make a work accident claim?
(No Win, No Fee)
We will take on your work accident claim on a ‘No win, No fee’ basis. Our charges to you are dependent upon the individual type of case, and are typically a percentage of the compensation amount that we obtain for you. Where we offer “No Win, No Fee” services, typically customers pay 25% plus VAT of the companestion amount we able to recover on your behalf and any ir-recoverable disbursements. If we won’t able to secure any compensation for you then you don’t have to pay us anything.
If you or someone you know has sustain cuts, laceration or scarring injury then feel free to contact us. Alternatively, you can also request a free, no obligation callback request from our website.
How long do you have to make an accident at work claim?
Work accidents can cause serious injuries. This is because most working environments have a high accident potential when not maintained – or if staff haven’t been trained properly. You typically have three years from the date of the accident or diagnosis of a medical condition to make an injury at work claim. However, there are some exceptions to this rule:
- Psychological Trauma or Mental Capacity – if you or your loved one no longer has the mental capacity to make a claim themselves (often the case following a traumatic brain injury), then in these circumstances there is no time limit for making a compensation claim.
- Accidents While Working Abroad – if your accident happened while working abroad, the time limit for making a claim may be shorter.
- Defective Work Equipment – if your injury was caused by a piece of equipment that had a manufacturing defect, the time limit may be different. If you’ve been injured with an accident at work it’s best to contact us as soon as possible, to ensure we can begin your claim within the relevant time limits.
- Under 18s – If you or a loved one suffered an injury at work when they were under 18 (including if the injury happened while in full or part time employment, as an apprentice or on work experience), a claim can be started at any point up until their 21st birthday. However, in cases where mental capacity has been lost, then no time limit applies.
What do i need to prove in an accident at work claim?
If you’ve been injured at work in the last three years and it wasn’t your fault, you may be able to claim compensation. Injuries, medical condition and work-related illnesses are often caused by employers and managers failing to follow proper health and safety rules.
First, you need to prove that the accident that caused your injury (or medical condition) was not your fault. Second, the evidence must demonstrate that the accident was caused by the negligent action – or inaction – of your employer.
You can call us or request a free callback and we will assess your accident at work claim.
Am I Eligible To Make An Accident At Work Claim?
In the UK, employers and business owners are legally responsible for the welfare and safety of their staff and any visitors to their premises. The law states that all businesses must compulsorily hold employer liability insurance and conform to Health & Safety regulations to ensure that they meet those requirements/guidelines.
If your employer failed to meet their responsibilities and their negligence has caused injury (or medical condition), you can claim compensation by filing an accident at work claim. If your claim for a workplace injury is successful the compensation would be paid from the employers liability insurance. In certain circumstances, even if you contributed to your own accident at work, you may still be able to claim injury compensation if your employer is deemed to have been the main instigator of your personal injury or medical condition at work.
You can call us or request a free callback if you have any questions about claiming compensation for an accident at work.
Frequently Asked Questions Related to Work Accident Claims
What should I do if my employer disputes my injury claim?
If your employer disputes your claim, it’s important to seek legal advice immediately. A solicitor can help gather evidence to support your case and represent your interests in any disputes or legal proceedings.
Can I claim for psychological injuries?
Yes, you can claim compensation for psychological injuries, such as stress or anxiety, if they are a result of your working environment or job-related activities.
How long does a workplace injury claim process take?
The duration of a claim process can vary depending on the complexity of the case. Some claims are settled within a few months, while others may take longer. Your solicitor can provide a more specific timeline based on your circumstances.
Will I need to go to court for my injury claim?
Most injury claims are settled out of court. However, if a satisfactory agreement cannot be reached, your case may need to go to court. Your solicitor will prepare you for all eventualities and represent you throughout the process.
Are there any costs involved in making a claim?
Many solicitors offer a ‘No Win, No Fee’ arrangement for workplace injury claims. This means you won’t have to pay any upfront legal fees, and fees are only applicable if your claim is successful.
Can I make a work injury claim if the accident was partly my fault?
Yes, you can still make a claim even if you were partly at fault. The concept of ‘contributory negligence’ may apply, where compensation is reduced according to your share of the blame.
What if I’m a contractor or a temporary worker, can I still claim?
Yes, contractors and temporary workers are entitled to a safe working environment. If you are injured while working, you have the same rights to claim as permanent employees.
How is the amount of compensation determined?
Compensation is calculated based on factors like the severity of your injury, impact on your life, loss of earnings, and future care needs. Each case is unique, and the amount varies accordingly.
What if my injury occurred over time and not in a specific incident?
You can still claim for injuries that developed over time, such as repetitive strain injuries or occupational illnesses. The key is to link these conditions directly to your workplace environment or duties.
Can I claim for an injury that happened while working from home?
Yes, if you’re working from home as part of your employment, you are still covered by your employer’s duty of care. Injuries sustained while performing your job at home can be eligible for a claim.
What happens if I lose my job after making a work injury claim?
It’s illegal for an employer to dismiss you solely because you’ve made a claim. If you’re unfairly dismissed, you might have grounds for further legal action.
Can I make a claim on behalf of a family member who was injured at work?
Yes, if a family member is unable to make a claim themselves due to the severity of their injuries, you can initiate a claim on their behalf.
How long will I receive compensation payments?
The length of time you receive compensation depends on the nature of your injury and how it affects your ability to work. Payments continue until you’ve recovered, or for a period specified in your compensation agreement.
What about psychological trauma resulting from a workplace accident?
You can claim for psychological trauma, such as PTSD or anxiety, if it’s directly related to a workplace accident. Mental health injuries are as valid as physical injuries.
Is there a risk of any costs if I lose my claim?
Under a ‘No Win, No Fee’ agreement, there should be no costs if you lose. However, it’s important to understand the terms of the agreement with your solicitor, as conditions can vary.
What if my employer has gone out of business?
You may still be able to make a claim even if your employer is no longer in business. It’s important to seek legal advice to explore your options, as claims can often be made against the company’s insurance.
Can I be fired for making a workplace injury claim?
It is unlawful for an employer to dismiss you for making a legitimate injury claim. If you face dismissal or unfair treatment as a result of your claim, you should inform your solicitor immediately.
How can I support my mental health during the claim process?
Dealing with an injury claim can be stressful. It’s important to seek support, whether through counseling, talking to family and friends, or joining support groups. Your solicitor can also provide guidance on coping strategies during this time.
Is there a minimum severity for injuries to be eligible for a claim?
No, there’s no minimum severity for workplace injuries. Even minor injuries can be eligible for a claim, especially if they result in medical costs, pain, suffering, or loss of earnings.
Can I make a claim if I’m a contractor or temporary worker?
Yes, contractors and temporary workers have the same rights to a safe working environment as permanent employees. If you’re injured while working in these capacities, you may still be entitled to make a claim.
What happens if the injury aggravates a pre-existing condition?
If a workplace injury aggravates a pre-existing condition, you can still make a claim. The key factor is determining how much of your current condition is attributable to the workplace injury.
Can I make a claim for an injury that happened during a work social event?
If the social event is officially sponsored by your employer, and you were injured during this event, you may have a valid claim. The specifics can be complex, so it’s advisable to consult with a solicitor.
Should I accept a settlement offer from my employer’s insurance company?
Be cautious about accepting early settlement offers, as they may not fully cover your long-term needs. It’s essential to have any offer reviewed by a solicitor to ensure it’s fair and adequate.
Can family members claim compensation if a workplace injury is fatal?
In tragic cases where a workplace injury leads to death, dependents or family members may be able to make a claim for compensation. This can cover funeral expenses and loss of financial support.
How can I ensure that my claim is processed smoothly?
Keeping detailed records, following your solicitor’s advice closely, and maintaining open communication can help ensure your claim is processed smoothly and efficiently.
What if I face harassment after making a claim?
Harassment or any form of retaliation from your employer or colleagues due to your claim is unlawful. Report any such occurrences to your solicitor immediately, as they can advise on the best course of action.
We are here to help!
If you, a friend or a family member has involved in an accident at work that caused your injury (or medical condition) then it may be possible to claim compensation for injuries or medical condition.
Our dedicated workplace accident solicitors will work hard to get you the compensation you deserve. Your settlement can help pay for private medical care and any time you’ve had to take off work.
You have three years to make an accident at work claim from the date you were injured.
