What Evidence Do I Need For My Foot Injury At Work Claim?
This guide will explain how to make a foot injury at work claim. Moreover, we will look at what evidence you need to collect to claim compensation for a workplace foot injury.
When you are at work, your employer is responsible for your health and safety. In other words, they owe you a duty of care—the Health and Safety at Work etc. Act 1974 outlines this duty of care. If you experienced a foot injury in the workplace because your employer acted negligently, you might be eligible to claim compensation.
An accident at work can cause the following foot injuries:
- A fractured or broken foot
- Cuts, bruises and lacerations
- Joint dislocation
- A crush injury which could lead to compartment syndrome
Please contact us today to begin your No Win No Fee claim. You can:
- Call us on 020 3870 4868.
- Visit our website to claim online.
- Use the live chat feature to the bottom right of this page
Select A Section
- Do You Need Evidence To Make A Foot Injury At Work Claim?
- The Importance Of Seeking Medical Attention For Your Injuries
- Proving The Other Parties Liability
- Calculating Damages For A Foot Injury At Work Claim
- Contact A No Win No Fee Specialist
To make a foot injury at work claim, you must provide evidence to prove the following:
- First of all, your employer owed you a duty of care. Therefore they were responsible for your health and safety. The Health and Safety at Work etc. Act 1974 stipulates that all employers owe a duty of care to their workers.
- That your employer acted negligently and therefore breached their duty of care, and that this negligence caused an accident at work. For example, an employer may have failed to clear up a spillage on the floor resulting in a slip and fall accident.
- Finally, you will need to demonstrate that the accident at work directly caused your foot injury.
Time limits to claiming
It’s important that you begin your claim within the relevant timescale for doing so. These time limits are set out in the Limitation Act 1980.
Usually, you have three years from the date of the incident to start your claim. However, this can vary in some circumstances.
For example, if you’re a child when you’re injured, then you will not be able to start your own claim, and the time limit is suspended while you’re under 18. Once you turn 18, you have three years in which to start your own claim. Before this, a litigation friend can claim on your behalf.
For more information on the time limits that apply to making a foot injury at work claim, speak with an advisor today.
To make a foot injury at work claim, you will need to provide evidence of your injuries. You should seek the appropriate medical attention after your accident; the records that this generates could be used to support your claim.
In addition, you might be invited to a medical appointment with a physician as part of the claims process. They will assess your injuries and produce a medical report. This report will then be used to value your claim.
You can also do the following to support your claim:
- If your symptoms are visible, take photographs of your injuries
- Keep a diary of your symptoms and how they affect you
- Keep copies of your prescriptions and of receipts for any purchases you make because of your injuries
- Record your injuries in your workplace’s accident book
For more guidance on the evidence you could collect to support your claim, speak with one of our advisors today. They can offer you free legal advice and, if you have a valid claim, could connect you with a No Win No Fee solicitor from our panel.
As well as demonstrating what injuries you have sustained, it is also important to prove that your employer was responsible for your foot injury in the workplace.
Collecting evidence in support of negligence is crucial. This is because you cannot claim if your employer’s negligence did not cause you to be injured. If they took all reasonably practicable steps to ensure your safety and you were injured anyway, you would not be able to claim.
You could provide the following evidence in support of your claim:
- Eyewitness contact details
- Photographs of the hazard which caused the accident
- CCTV footage of the accident
- Copies of communications between you and your employer about the accident
For more guidance on the evidence you could provide, speak with an advisor today.
When you make a claim for compensation, you can receive up to two heads of claim:
- The pain and suffering that your injuries cause you is compensated through general damages
- Special damages can be included to compensate you for any financial losses that your injuries have caused you
Guidelines from the Judicial College are used to help value compensation claims. These are based on previous compensation awards.
In the table below, we have included excerpts from the JC guidelines. These are not guarantees, and the amount you actually receive may differ from the entries below.
|Type Of Foot Injury||Damages||About|
|Loss of both feet (a)||£158,970 to £189,110||Due to loss of/ loss of use of the ankle joint, this is treated as being similar to amputations below the knee.|
|Loss of one foot (b)||£78,800 to £102,890||Treated as being similar to a below the knee amputation due to the loss of the ankle joint.|
|Very severe foot injury (c)||£78,800 to £102,890||The injury must have led to severe pain which is permanent or a serious permanent disability.|
|Severe foot injury (d)||£39,390 to £65,710||Injuries such as both of the heels being fractured or injuries causing substantial mobility restrictions and pain.|
|Serious foot injury (e)||£23,460 to £36,790||Whilst the injuries may be less severe than above, it may lead to continued pain such as that caused by traumatic arthritis.|
|Moderate foot injury (f)||£12,900 to £23,460||Examples of injuries could include a displaced fracture of a metatarsal which leads to a permanently deformed foot.|
|Modest foot injury (g)||Up to £12,900||Examples may include a penetrating wound, simple fracture or similar injury.|
|Loss of all toes (a)||£34,270 to £52,620||Settlement will depend on factors like whether the amputation was surgical or traumatic and to what extent mobility is affected.|
|Loss of the great toe (b)||In the region of £29,380||Where the great toe is amputated|
|Severe toe injuries (c)||£12,900 to £29,770||Could include severe crush injuries|
Your special damages payout can include funds to pay for the following:
- Medical costs
- Travel costs
- Loss of earnings
- At-home care costs
- Car or home adaptation costs, such as the cost of putting a wheelchair ramp in your home or adapting your bathroom.
This is not an exhaustive list. If you would like more information on what could be included in your foot injury at work claim, speak with one of our advisors today.
You may wish to use a solicitor to make a claim but be concerned about the cost of hiring a solicitor in the traditional way. If this is the case, you might benefit from a No Win No Fee agreement.
This is an agreement that means that you will not be asked to pay upfront or ongoing fees to your solicitor. You also won’t be asked to pay anything in the event that your claim is not successful, either.
You will pay a success fee if you’re awarded compensation. This fee is legally capped, meaning you’re always guaranteed to keep the majority of the compensation you receive.
To find out more about making a foot injury at work claim, please get in touch with us today. You can:
View Other Injury Claim Guides
We hope this guide has helped you learn more about making a foot injury at work claim. To find out more about claiming compensation for a workplace accident, we’ve included some more of our online guides.
HSE statistics about workplace accidents and injuries
An NHS guide to the symptoms, causes and treatment of foot pain
A government guide on claiming Statutory Sick Pay (SSP)
Thank you for reading our guide to what evidence you need to make a foot injury at work claim.
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