How To Claim For An Injury Caused By No Safety Shoes At Work
Have you suffered an injury at work? Were you not provided with the appropriate personal protective equipment for the job you were carrying out? Are you wondering whether you may be able to claim for injuries sustained because you had no safety shoes at work? Then this guide may be able to provide the answers you need.
When you’re injured in a workplace accident, it can have a really detrimental impact on your quality of life. Your ability to work and socialise may be affected, and you could be left with long-lasting or even permanent injuries as a result of a workplace accident. And when your accident was caused by the negligence of your employer, this can increase the frustration that you feel about your circumstances.
If you have any questions at any point during this article, then please get in touch. Our advisors are here to help. We may even be able to connect you with our panel of personal injury solicitors. Read on for more information and to find how to reach us.
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Services And Information
- Everything You Need To Know About Injuries Caused By No Safety Shoes At Work
- What Are Safety Shoes At Work?
- Safety Footwear Regulations And Standards
- What Hazards Could No Safety Shoes At Work Cause?
- Foot Injury At Work Compensation Calculator
- Types Of Workplaces Which Could Provide Safety Shoes
- Foot Injuries Caused By No Safety Shoes At Work
- Can You Wear Your Own Safety Shoes At Work?
- What PPE Are Employers Legally Required To Pay For?
- Who Is Responsible For Providing Safety Shoes To The Self-Employed, Contractors And Agency Workers?
- How Much Time Do I Have To Claim For A Foot Injury At Work?
- I Suffered A Foot Injury At Work, What Should I Do?
- Can Foot Injury At Work Claims Be Handled On A No Win No Fee Basis?
- Other Information
- FAQs About Foot Injury Claims
If you have no safety shoes at work in a job that requires them, this can result in a variety of injuries. Whilst broken foot injuries are amongst the possibilities, they’re not the only injury that can result from an accident of this nature.
For example, some safety shoes may be designed to provide the wearer with additional grip. If the specialist shoes provided to workers do not have sufficient grip, this could result in slips, trips and falls. Because of this, foot fractures or other crush injuries are not the only injuries that can result from a lack of protective footwear. Falls can result in things such as:
- Bone fractures (to other body parts, not just the foot)
- Cuts and lacerations
To ensure optimal safety, work shoes should be carefully selected for each role. The term safety shoes can cover a wide range of footwear. It’s important to know what characteristics you need from your safety shoes or safety boots.
Having no safety shoes at work can be very dangerous. Some workplaces can have walking surfaces with low friction that pose a risk of slips, trips and falls. Similarly, if your job requires you to carry or lift heavy items, you may need protection in the form of steel-toe cap boots.
Part of your employer’s duty of care involved providing you with the necessary personal protective equipment (PPE) to protect you while you’re working that enable you to be safe and do your job safely. Your employer cannot make you pay for any PPE that you need in order to do your job safely and is only used for that specific job. If you’ve been injured in a workplace accident because the PPE you were provided was unsuitable for the role, then you may be entitled to compensation.
What is anti-slip footwear?
Anti-slip footwear is specially designed safety shoes that help reduce the risk of slips, trips and falls at work. It’s a general term that includes many different kinds of footwear.
It’s important that anti-slip footwear is checked for slip resistance. Remember, anti-slip footwear can deteriorate and become less effective over time, so it’s important that your employer has a system in place to check for damage and replace footwear if needed.
What is a lack of protective footwear?
Under the Personal Protective Equipment at Work Regulations 1992, an employer should supply protective gear if an employee needs it to do their job safely and the risk cannot be reduced in another way.
If you have any questions about claiming following an accident caused by no safety shoes at work, get in touch with us today.
There are 3 main codes you or your employer should look out for when considering appropriate anti-slip footwear.
- SRA – tested on a ceramic tile surface that’s covered in a dilute soap solution
- SRB – tested on a surface of smooth steel covered in glycerol
- SRC – tested under both of the conditions detailed above
These codes are a good indicator of how resistant to slipping your shoes are. However, they won’t be able to show you how appropriate your footwear is when it comes to other hazards, such as heavyweights that may be dropped on the foot.
Even if you do use the correct safety shoes, it’s important not to get complacent. You should check the condition of your work boots or safety shoes on a regular basis. The slip-resistant properties of your shoes could be reduced if, for example, the treads become filled with dirt or debris. Over time, the footwear may deteriorate and need to be replaced.
Some injuries that are caused by no safety shoes at work can be relatively minor, but some injuries can cause serious long-term health repercussions. Some examples of workplace accidents are:
- Slips, trips and falls
- Being struck by falling objects
It’s important that you wear the safety shoes provided to you by your employer. Failure to do so could lead you to sustain an injury.
If you’ve been injured because you had no safety shoes at work, you may be wondering how much compensation you’re owed. Read on to find out more about how much you could receive. Alternatively, get in touch with our team today to get your claim started.
A typical successful personal injury claim is made up of two “heads” of claim. These are referred to as general damages and special damages.
General damages are awarded to the claimant to account for the pain and suffering caused due to the injury. To calculate the general damages head of your claim, your solicitor may refer to a publication known as the Judicial College Guidelines (JC). The JC lists guideline compensation brackets for a number of injuries of various severities.
Special damages are intended to reimburse the injured party for any additional outgoings or costs related to the injury. This can be for things like loss of earnings, medical costs or the cost of care. In order for costs to be included in the special damages head of your claim, you need to provide evidence. For this reason, it’s a good idea to keep hold of any bills, receipts and invoices for costs you’ve incurred.
Below, we have included some figures taken from the JC guidelines associated with injuries that might result from you wearing no safety shoes at work. Please be aware that these are guideline compensation amounts, and the actual figures you receive may vary.
|Type of injury||Injury notes||Amount|
|Serious foot injuries||Continuing pain from traumatic arthritis or the risk of future arthritis, prolonged treatment and the risk of fusion surgery||£23,460 to £36,790|
|Very severe ankle injuries||Examples are limited and unusual. One example, risk of below-knee amputation following further injury||£46,980 to £65,420|
|Femur fracture||Simple fracture of a femur with no damage to articular surfaces||£8,550 to £13,210|
|Back injuries||Where a full recovery is made within three months||Up to £2,300|
|Arm fracture||Simple fractures of the forearm||£6,190 to £18,020|
|Thumb injury||Severe dislocation of the thumb||£3,710 to £6,360|
|Moderately severe brain damage||Injuries resulting in severe disability. The injured person will be dependant on others and require constant professional care.||£205,580 to £264,650|
|Pelvis or hip injury||Significant injury to the pelvis or hip but any permanent disability is not major and any future risk not great.||£24,950 to £36,770|
|Wrist injuries||Injuries resulting in significant permanent disability, but where some useful movement remains.||£22,990 to £36,770|
In some workplaces, the risk of injury caused by no safety shoes in work can be lower than in others. Therefore, it’s not necessary for safety shoes to be worn in every industry and job role. However, we have included below some roles where safety shoes may be required to reduce the risk of injury.
Construction worker foot injuries
According to Health and Safety Executive, the most common kind of accident in construction in Great Britain for the year 2019/20 was slips, trips and falls at the same level. This could be caused by employees wearing no safety shoes at work or wearing the incorrect shoes for the role.
Construction sites also involve the transportation of heavy materials. This could pose a risk of something being dropped on someone’s foot, which could cause injury if the correct safety shoes were not worn. For these reasons, it’s important that all construction workers wear the correct shoes for the role.
Warehouse worker foot injuries
Similarly to construction sites, warehouses pose a risk of injury to those who fail to wear the correct safety shoes for the role. This risk may be increased if, for example, there are liquids being stored in the warehouse that could make surfaces more slippery if spilled. For this reason, the risk of slips, trips and falls can also be reduced by good housekeeping.
Furthermore, some warehouses contain heavy items which need to be lifted and carried. These items, if dropped, have the potential to cause injury to the feet if properly reinforced safety shoes are not worn. Similarly, workplace vehicles such as forklift trucks have the potential to cause injury if they’re driven over the foot of someone not wearing the proper safety shoes.
Non-fatal workplace injuries
Of the ones reported to RIDDOR in 2019/20, 29% of non-fatal injuries were caused by slips, trips and falls at work. This made it the most common cause of injury over that period.
When employees wear no safety shoes at work when they should, they risk an injury to the foot. Heavy objects falling on (or colliding with) the foot could occur in a variety of workplaces.
Depending on the force of the impact, this could result in bruising, cuts, dislocation and fractures. In some severe cases, amputation of the toes or foot could be required. Steel toe cap shoes can help to avoid or lessen this kind of injury. Chemical spills and extreme heat or cold can also lead to workplace foot injuries.
Lack of (or inappropriate) safety shoes could also lead to a fall. This is particularly the case if the shoes do not have appropriate anti-slip soles. If someone were to fall on a floor that was uneven or that had debris (for example, broken glass), this could result in someone suffering from cuts, lacerations and in some cases even fractures or broken bones. These injuries could affect almost any part of the body.
For those who are self-employed, they will be tasked with funding and providing their own safety wear. It will be up to the individual what safety wear they buy and they may need to go on to training courses to learn how to use and fit any personal protective gear when working for themselves.
Under Section 9 of the Health and Safety etc Act 1974 employees do not have to pay for any personal protective wear which is used to do their job safely and is only used at their place of work. Employers are tasked with providing employees with PPE that is needed for the job only and must not request employees pay any cost. Additionally, employers must provide training on how to use the PPE correctly and how to fit the protective gear.
PPE does not last forever, and it can be dangerous to use PPE that has deteriorated past the point of providing protection to the wearer. It’s important to have a system in place whereby you can report PPE that is damaged or worn out so that it can be replaced.
In terms of agency workers if these are classed legally as employees then the employer has an obligation to ensure they provide these workers with PPE. They would also not have to fund their own PPE if it was required to do their job safely and it was for the job alone.
The same sort of rules applies to temporary workers. In most cases, those who employ temporary workers will be seen as the employer. Generally, the employer in this regard would be responsible for providing PPE where necessary,
For self-employed people, often provide their own PPE. An exception to this may include a self-employed worker who works solely for a single employer on a full-time basis. Failure to wear proper PPE can affect your claim.
If you have any questions regarding the legal provision of PPE, then please contact us today. Alternatively, read on to find out more about how much you could claim for an accident caused by no safety shoes at work.
You will generally have 3 years to start a personal injury claim. However, there are a few circumstances where this 3-year time limit can function slightly differently. Read on to find out more.
General Accident Claims
The Limitation Act 1980 states that you have 3 years from the date of your accident to start a personal injury claim. However, some injuries may only be detected or diagnosed at a date later than the accident. If this happens, the date you are made aware that your injuries were the result of employer negligence is known as the “date of knowledge”. In these cases, the three-year time limit runs from this date. Medical records are one of the best ways to prove your date of knowledge.
Child Accident Claims
If the claimant is under 18, they cannot legally file a claim themselves. Because of this, the 3-year time limit is suspended until their 18th birthday. After this date, they can pursue the claim themselves. Alternatively, a litigation friend can pursue the claim on their behalf while they are still underage. While they are still under the age of 18, the 3-year limit does not apply; a litigation friend can claim on their behalf at any point up until their 18th birthday.
It’s important to note that following a successful case, the payout will be held in trust until the claimant turns 18 years old.
Claiming on Behalf of Someone with a Reduced Mental Capacity
If the injured person lacks the capacity to claim themselves, either as a result of the accident or for another reason, then the three-year time limit is suspended. If they regain their mental capacity and are able to claim on their own behalf, then the 3-year time limit will start from the date of their recovery. Otherwise, a litigation friend can step in and pursue a claim for them.
A litigation friend can be someone who has the person’s best interests, they can be a parent, guardian, spouse or solicitor.
Following an injury at work, there are a number of steps you should take. We’ve made a list of some of the important steps below.
- Seek medical care – Getting treated for your injury is a very important step. Not only will the risk to your health be reduced, but the medical records can act as evidence for your claim.
- Gather evidence – You need to be able to prove that the events took place as you say they did. Photographs, witness contact details and medical reports are all useful forms of evidence. If you were injured because of PPE that was damaged or unsuitable, you should take photographs of this to support your claim.
- Contact a specialist solicitor – There’s no legal requirement to have a solicitor represent you in a workplace injury claim. But you may find that the claims process runs more smoothly when you have the help of an expert personal injury solicitor on your side. Get in touch with our team today, and we may be able to connect you with a solicitor from our panel.
A No Win No Fee agreement means that you won’t be required to pay your solicitor if your case is unsuccessful. You also won’t be asked to pay them anything before your claim begins or while it’s ongoing.
If you do win your case, your solicitor will be paid via a capped percentage of your overall settlement. This will be agreed upon between you and your solicitor before your claim starts, and you will always receive the majority of the compensation that is awarded to you. All the solicitors on our panel offer No Win No Fee terms.
Get in touch with us today:
- You can call us on 020 3870 4868
- Use the live chat function in the bottom right corner
- Start your claim online through our website
We’ve also included some helpful links to help you learn more about this subject.
Here are some answers to some of the more common questions about no safety shoes at work.
What is the average payout for a broken foot?
This is a difficult question to answer accurately. There are a lot of factors to consider when calculating a payout for a broken foot. The severity of the injury and the recovery time are just two of the things that need to be taken into account.
In addition to this, special damages will be based on your individual circumstances and can be difficult to predict. Get in touch with our team of advisers today to see how much you could be owed.
Are safety boots a legal requirement?
Your employer must supply you with safety boots if the job requires them to be done safely. If you choose not to wear them, you put your own health at risk. You also lower your chances of making a successful claim if you are injured while not wearing them.
How long after an injury can you claim?
Generally, you will have 3 years from the date of your accident to start your claim. There are some exceptions to this rule, though. Get in touch with our team today to find out how long you could have to claim.
Written by IB
Edited by NC