When Could You Claim For A Fractured Foot At Work?
Within this guide, we will discuss when you may be eligible to make a personal injury claim if you fractured your foot at work. We will also discuss how you may suffer a foot injury in a workplace accident.
Additionally, we will share some examples of the evidence that could be gathered to help support your case. This guide will also provide information on how compensation settlements are calculated for successful personal injury claims. Furthermore, we will provide some of the benefits to making a claim on a No Win No Fee basis with one of the solicitors on our panel.
If you would like to discuss your specific case, or have any questions about accident at work claims you would like answered, you can contact a friendly member of our advisory team today. They can be reached via the following methods:
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- When Could You Claim For A Fractured Foot At Work?
- Examples Of When You Could Suffer A Fractured Foot At Work
- What Evidence Do You Need To Make A Successful Claim?
- How Much Compensation For A Broken Foot At Work Could You Claim?
- No Win No Fee Fractured Foot At Work Claims
- Further Types Of Accident At Work Claims
The Health and Safety at Work etc. Act 1974 states that employers owe their employees a duty of care while at work. This means that they are required to take all reasonable steps to prevent you from sustaining a workplace injury. For example, they should provide you with adequate training and perform regular maintenance checks and risk assessments.
If you have fractured your foot at work, to be eligible to make a personal injury claim, you will need to meet the following criteria:
- You must have been owed a duty of care by your employer.
- Your employer must have breached their duty of care.
- Due to this breach, you suffered your foot injury.
How Long Do You Have To Claim Compensation?
Under the Limitation Act 1980, you will generally have 3 years to start a personal injury claim, running from the date your accident took place. However, there are certain exceptions that apply to this time limit.
To learn what these exceptions are or to check the eligibility of your case if you have fractured your foot at work, you can contact our advisors.
There are various types of accidents that could cause you to suffer a fractured foot at work. However, it is important to remember that to be able to make a personal injury claim for your fractured foot, you will need to prove that your employer was liable for your injury due to them breaching their duty of care.
Some examples of how an accident at work could cause you to suffer a foot injury include:
- Failure to provide adequate Personal Protective Equipment (PPE) – Under the Personal Protective Equipment at Work Regulations 1992, your employer is required to provide you with sufficient PPE if the need for it has been identified. You may suffer an injury to your foot if your employer failed to provide you with sufficient safety shoes while working on a construction site. For example, a colleague accidentally drops a roofing tile from the roof, and it hits your foot. This causes you to suffer several severe metatarsal fractures.
- Inadequate training – Another employee may have been asked to use a forklift truck, despite not being trained on how to do so. The employee could then lose control of the vehicle and run over your foot, causing a fracture.
- Poor lighting in the stairways – If your employer was aware of this poor lighting but failed to fix it, you may be unable to see where you are stepping. This could cause you to trip and fall down the stairs. Depending on how you land, you could break your foot, as well as other parts of the body.
To check the eligibility of your specific case, you can contact a member of our friendly advisory team.
If you are eligible to make a personal injury claim, you will need to gather evidence to support your case. Some examples of the evidence that could be collected to support your accident at work claim include:
- Medical evidence – This will need to prove your foot injury and the treatment you received for it, such as a copy of your medical records.
- Workplace accident book – If your workplace has one of these on-site, the report of your accident made in this book could provide information on when and how the incident occurred.
- Video evidence – For example, any CCTV footage that captured how you fractured your foot at work.
- Witness contact details – They could then be approached at a later date to provide a statement about the incident.
Contact a member of our advisory team today to discuss your personal injury claim. If it seems like you may have a strong case, they could connect you with one of the experienced solicitors on our panel.
If you fractured your foot at work, and you make a successful personal injury claim, your settlement could be comprised of two heads of loss. The first is called general damages, and it accounts for the pain and suffering caused by your injury.
Those responsible for calculating general damages, may refer to the Judicial College Guidelines (JCG) alongside medical evidence to help them. Last updated in 2022, the JCG consists of guideline compensation brackets for various injuries. For the table below, we have included some of the figures listed in the most recent edition of the JCG.
However, since compensation is awarded on a case-by-case basis, this table should only be used as a guide.
|Multiple Severe Injuries Plus Special Damages||Severe||Multiple injuries that are serious in nature plus costs and expenses such care at home, loss of earnings and home adaptations.||Up to £100,000+|
|Foot||(b) Amputation||One foot is lost, ankle joint included.||£83,960 to £109,650|
|Foot||(c) Very severe||Really serious disability that is serious and produces lasting and severe pain.||£83,960 to £109,650|
|Foot||(d) Severe||Both feet or heels will have been fractured. As a result, there will be considerable pain or mobility will be substantially restricted.||£41,970 to £70,030|
|Foot||(e) Serious||Injuries will not be as severe as those listed above. However, future risks include arthritis and the need for fusion surgery.||£24,990 to £39,200|
|Foot||(f) Moderate||Permanent deformity caused by displaced metatarsal fractures. Future surgery is a possibility.||£13,740 to £24,990|
|Foot||(g) Modest||Simple fractured metatarsal or ruptured ligament. There may be pain or a permanent limp, amongst other issues.||Up to £13,740|
|Toe||(a) Amputation||All toes will have been lost.||£36,520 to £56,080|
|Toe||(b) Amputation||Loss of the great toe.||In the region of £31,310|
|Toe||(c) Severe||Amputation may be required of one or two toes due to a severe crush injury.||£13,740 to £21,070|
Examples Of Other Ways You May Be Compensated For A Fractured Foot At Work
As mentioned above, certain claimants may also be eligible to receive special damages. This head of your claim compensates you for the financial losses and costs you have experienced due to your broken foot injury. Some examples of the expenses that you could be compensated for include:
- The cost of mobility aids, such as crutches or a wheelchair.
- Medical expenses, such as prescription costs.
- Loss of earnings if you needed to take time off of work to recover from your injury.
Evidence demonstrating these losses, such as payslips and receipts, is essential to supporting this area of your claim.
If you’ve fractured your foot at work and would like to receive a free valuation of your potential personal injury claim, you can contact a member of our advisory team.
When making a personal injury claim, you may consider doing so with the assistance of a No Win No Fee solicitor. The form of No Win No Fee arrangement that the solicitors on our panel operate under is called a Conditional Fee Agreement (CFA).
With a CFA in place, they will begin working on your claim without you having to pay them an upfront fee for their services. Additionally, while your claim is in progress or if it ends unsuccessfully, you won’t need to pay your solicitor for the work they have provided on your case.
If your claim is a success, the solicitor working on your claim will take a success fee from your compensation. This is taken directly from the compensation awarded to you, and the percentage that they can take is legally capped by law.
Speak to our advisors today if you have fractured your foot at work and would like to know if you could be eligible to work with one of the personal injury solicitors on our panel. Get in touch with our advisors using any of the following methods:
The links below will take you to extra reading material that we hope you also find useful.
More from us:
- It can be difficult to know what evidence you’ll need for a foot injury at work claim. This guide provides you with additional examples.
- This guide covers broken foot compensation claims in general. Read it for additional information on this topic.
- If you’re wondering if you have to be an employee to claim for a workplace injury, find out by reading this guide.
Information from other sources:
- NHS – How do I know if I’ve broken a bone?
- Gov.UK – Statutory sick pay (SSP).
- Health and Safety Executive (HSE) – Non-fatal injuries at work in Great Britain.
If you have fractured your foot at work, and are still unsure whether you could make a personal injury claim, you can contact one of our advisors.