In this guide, we will discuss when you could be eligible to make a personal injury claim for a fracture at work. There are a set of requirements that need to be met in order for you to have valid grounds to pursue compensation for a personal injury. As we move through this guide, we will provide further guidance on these as well as the steps you can take to strengthen your case.
Employers owe their employees a duty of care. If this is not upheld, it could result in you becoming harmed in the workplace or while you’re carrying out work-related tasks. We will discuss the legislation that outlines an employer’s duty of care as well as provide examples of how they could fail to adhere to it and cause you to sustain a fracture injury.
Additionally, this guide will explore accident at work settlements, including what they can comprise and how they are calculated.
In the final section of our guide, you will find information on our panel of accident at work solicitors, including the services they could offer and the No Win No Fee terms under which they could do so.
If you have any questions pertaining to your potential accident at work claim, please reach out to an advisor. They can offer free advice 24/7. To get in touch, you can:
- Call the number above
- Use our live chat feature
- Contact us online
Fracture At Work Claims Guide
When Could You Claim For A Fracture At Work?
In order to be able to make a personal injury claim for a fracture at work, you must prove that you sustained an injury because your employer breached the duty of care they owed you. This is known as negligence and can form the basis of a valid claim.
An employer’s duty of care is outlined in the Health and Safety at Work etc. Act 1974. This central piece of workplace health and safety legislation states that employer’s have a duty to take reasonable as well as practicable steps to prevent employees from sustaining harm at work. Some of the steps they could take to uphold this duty include:
- Performing regular risk assessments and addressing any hazards found.
- Providing adequate training to employees so they are able to do their job safely.
- Ensuring employees have any necessary personal protective equipment (PPE), such as hard hats, gloves and safety goggles.
If your employer has failed to uphold their duty and you experienced a physical or psychological injury as a result, you may be eligible to seek personal injury compensation. However, as well as meeting the criteria laid out above, you also need to ensure you begin your claim within the limitation period set out in the Limitation Act 1980. This is generally three years from the accident date, but exceptions can be made.
To find out more about eligibility and how long you have to begin your claim, call an advisor on the number above.
How Could You Suffer From A Fracture At Work?
There are several ways in which an employee could sustain a fracture at work. For example:
- A forklift accident could occur if an employer fails to ensure the employee has sufficient training to operate the machinery. As a result in the employee could sustain a fractured skull.
- Trip hazards, such as trailing leads and wires that aren’t covered over, could lead to a staff member tripping over in an office accident and sustaining a fractured arm injury.
- An employer may have failed to provide an employee with adequate PPE, such as steel-toe capped boots, while working on a construction site. As a result, they sustain a foot fracture when heavy items fall on them.
Not all instances of someone sustaining a fracture in the workplace will form the basis of a valid claim. To discuss your specific case and find out whether you could be eligible to seek compensation for an accident at work, call our team on the number above.
Evidence That Could Help You Claim For A Work Injury
You may be wondering what evidence you could gather to support your claim for an injury in the workplace. There are several pieces of evidence you could collect to strengthen your case, prove liability and provide details on the way your injuries have affected you. For example:
- A copy of your medical records
- Financial documentation that shows any monetary expenses
- Witness contact details
- A copy of the incident report from the workplace accident book
- Photographs of your injuries and any hazards that caused the accident
If you’re struggling to build your case, speak with an advisor to see if you could be eligible to be connected with a solicitor from our panel. They have experience handling personal injury claims for accidents at work and can help you through the process of seeking compensation.
What Compensation Could You Receive After A Fracture At Work?
When calculating compensation for a workplace accident claim, consideration is given to the way in which the injuries you sustained affected your life. As such, following a successful case, compensation can be awarded under two heads of claim; general damages and special damages.
General damages awards compensation for the pain and suffering that your injuries have caused you to experience. Solicitors can use the Judicial College Guidelines to help them calculate this aspect of your settlement as it contains guideline award brackets for different types of injuries. You can find some of these figures in the table below. However, please only use them as a guide because your potential settlement will differ.
Guideline Compensation Table
Injury Severity Compensation Details
Neck Severe (iii) £45,470 to £55,990 Injuries that cause fractures or dislocations.
Back Severe (iii) £38,780 to £69,730 Fractures of discs or vertebral bodies.
Shoulder Fracture of the Clavicle £5,150 to £12,240 The award given will depend on factors such as the extent of the fracture and level of disability it causes.
Arm Disability of a Permanent and Substantial Nature £39,170 to £59,860 Serious fractures affecting either one or both forearms and causing a significant permanent residual disability.
Elbow Moderate or Minor Up to £12,590 Simple fractures that don't cause any permanent damage or function impairment.
Wrist Minor £3,530 to £4,740 A very minor undisplaced or minimally displaced fracture that requires a plaster or bandage for several weeks. There will be either a full or mostly full recovery within a year.
Hand Severe Finger Fractures Up to £36,740 Injuries may result in partial amputation and deformity as well as grip impairment and reduced mechanical function.
Hand Index Finger Fracture £9,110 to £12,240 The fracture mends quickly but grip is still impaired and the person experiences pain on heavy use.
Ankle Very Severe £50,060 to £69,700 Degeneration of the joints at a young age due to a bilateral ankle fracture.
Foot Moderate £13,740 to £24,990 Displaced metatarsal fractures causing ongoing issues and permanent deformity.
Claiming Special Damages In An Accident At Work Claim
Special damages award compensation for the financial impact of your injuries. For example, if you needed to take time off work to recover, it may have caused you to suffer a loss of earnings. You could be awarded compensation to reimburse this loss under special damages. However, evidence will be required to support your claim, such as payslips.
Other expenses you could claim back include:
- Care costs
- Travel costs
- Medical expenses
For more information on the personal injury compensation you could be awarded following a successful claim, please get in touch on the number above.
Use Our Panel Of Accident At Work Solicitors To Claim On A No Win No Fee Basis
The No Win No Fee solicitors on our panel could offer you a Conditional Fee Agreement. This contract allows you access to your solicitor’s services without you needing to make a payment upfront or as your claim progresses. It also sets out terms that mean you won’t have to pay for the work your solicitor has completed on your case if it does not succeed.
If your claim is successful, you will need to pay a percentage of your compensation to your solicitor. This is called a success fee. However, it is restricted by the law meaning you can keep the majority of your compensation.
To find out whether you could be eligible to work with a solicitor from our panel on this basis, speak with an advisor. After assessing your case for free, they may assign a solicitor to begin working on your case.
Additionally, they can answer any questions you might have regarding your potential claim for a fracture at work. To get in touch, you can:
- Call the number above
- Use our live chat feature
- Contact us online
Learn More About Claiming Fracture Compensation
You can find more of our helpful guides below:
- How Much Could I Get For Slips, Trips And Falls In The Workplace?
- Warehouse Accident Claims
- Claiming For A Scaffolding Accident At Work
You can also find some helpful resources below:
- Health and Safety Executive – Employer Responsibilities
- NHS – Broken Bones
- GOV – Statutory Sick Pay
Thank you for reading our helpful guide on when you could be eligible to make a personal injury claim for a fracture at work. If you have any additional questions, please get in touch on the number above.
Writer Reb Rune
Editor Meg Martin