Who Could Be Responsible For A Broken Foot At Work?
If you want to file a broken foot at work claim, you may be wondering where to start and what next steps you may have to take.
This guide will explain who may be at fault for an accident at work and if you may be eligible for a personal injury claim. We will also explain how to report a broken foot at work and what compensation you may be awarded.
However, to make a personal injury claim, you must prove that your employer or another employee has been negligent and breached their duty of care.
Contact our team of advisors to start a broken foot at work claim today by:
- Calling us on 020 3870 4868
- Claim online through the website
- Send us your query using the chat bubble on your screen
Select A Section
- Anatomy Of The Foot
- When Can I Make A Broken Foot At Work Claim
- How To Report A Broken Foot At Work
- What Responsibilities Do Employers Have Following An Accident?
- Broken Foot At Work Claim Calculator
- Find Out How To Make A Broken Foot At Work Claim
Having broken your foot at work can cause all sorts of issues. You may no longer be able to work and lose out on much-needed income. The pain caused by a broken foot and the need for extensive treatment may mean you suffer quite a lot. You may have no other choice but to make an accident at work claim.
To be eligible to pursue a personal injury claim for an accident at work your case must meet specific criteria:
- Did your employer owe you a duty of care in this situation?
- Was this duty breached?
- And how did this negligence cause your broken foot at work?
Seeking medical advice after an accident at work is critical. This is not only so you receive the treatment you need to make a full and speedy recovery but this will also help to prove the extent of your injuries.
The foot breaks down into ligaments, tendons, bones and muscles. You can break down foot pain into six distinct categories:
- Ankle pain
- Heel pain
- Toe pain
- Pain in the top, bottom or ball of your foot
Types Of Breaks And Fractures
This section will break down the types of breaks and fractures that occur within the foot. Your foot consists of many different types of bones, these are some examples:
- Calcaneum bone
- Cuneiform bone
- Metatarsal bone
There are various ways to break or fracture your foot with different levels of seriousness and associated recovery times. These include:
- Hairline fracture – Also known as a stress fracture, where any of your bones receive a small crack or an acute bruise.
- Displaced – If the bone has moved from its original position after breaking.
- Nondisplaced – A bone that has not shifted or moved out of position since the break.
- Simple or close fracture – A break that remains inside the skin.
- Complicated fracture – A break that has led to surrounding damage to the blood vessels and nerves.
Depending on the break, there are different levels of compensation for fractured bones. Contact our advisors today if you believe you have a basis for a broken foot at work claim.
The Health and Safety at Work etc. Act 1974 (HASAWA) is an important piece of legislation outlining the reasonable and practicable steps an employer must take. All employers owe their employees a duty of care to provide a safe working environment as much as can be reasonably expected.
To adhere to this piece of legislation an employer could:
- Provide and maintain work systems – Ensuring that tools and equipment are kept to a safe standard. For example, ovens and grills in restaurants.
- Supplying Personal Protective Equipment (PPE) – Ensuring employees are provided with the suitable PPE where necessary, especially when handling, storing and transporting potentially hazardous materials and substances.
- Providing sufficient training and supervision – All employees should receive free and relevant training to perform their job safely and efficiently.
- General housekeeping – Keeping walkways clear and cleaning hazards to maintain a safe workplace. For example, loose hanging wires and boxes in access areas.
- Fulfilling risk assessments – Identifying, assessing, controlling, recording and reviewing the potential harm of workplace risks.
How Do I Prove This Liability Was Breached?
If you have been injured due to your employer breaching their duty of care, you must provide evidence to support your claim. The following ways an employer can breach their duty is by:
- Insufficient housekeeping – Not cleaning a spill, poses a risk of slipping and potentially causing a fall, leading to a broken foot injury.
- Improper PPE – If the employer provides no PPE, or PPE that is unfit for use, such as boots that aren’t steel toe-capped on a construction site. There is a possibility of handling heavy objects that you could drop.
- Insufficient work system maintenance – If the employer has improperly maintained work equipment and/or tools, this could result in a malfunction of factory machinery leading to a foot injury.
If you have any other questions about finding out if your employer is responsible for a workplace injury, then get in touch with our advisors today.
After suffering an injury at work, if you are eligible to make a personal injury claim there are immediate steps you can take to help your broken foot at work claim. If an employer has 10 or more employees, then, by law, they must have an accident at work book.
The book is an essential document used to report work-related accidents and injuries, and it helps create a timely record if you want to submit a personal injury claim. If you are incapacitated or unable to complete the book, a colleague can fill it in on your behalf.
In addition, you must gather other evidence to support your claim. If you choose a No Win No Fee lawyer, they can make this process feel simpler. Some examples of evidence include:
- Medical records – Seek immediate medical attention to ensure you receive the help you need. Any medical records created by a medical professional can help with your claim.
- CCTV footage – Any video footage of your workplace accident can be requested and can strengthen your claim. Dashcam footage and colleague recordings can be used too.
- Photographs of the injury and accident site – Pictures of the accident area and your injury should be documented.
- Witness details – Collect the contact information of witnesses to ensure that a legal professional records their statements at a later date.
For more information on what procedures to follow after an accident at work, talk to our advisors.
According to The Health and Safety Executive (HSE), the employer is responsible for reporting specified injuries to workers. In 2020/21, employers reported through the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) that employees sustained 51,211 non-fatal injuries, of which 2,827 were specifically related to feet, and 1,260 employees had more than 7 days off from work with a foot injury.
Furthermore, employers could need to reference their risk assessments to review their controls to ensure they are mitigating the potential risks to employees.
If you are eligible to submit a broken foot at work claim, the amount of compensation you could be awarded is dependent on your circumstances.
A personal injury claim can be potentially broken down into general and special damages. General damages cover the pain and suffering sustained during your injury. The Judicial College Guidelines (JCG) outlines possible compensation brackets for a wide variety of injuries at different levels of severity. The following table outlines the guidelines:
|Amputation of One Foot (b)
|£78,800 to £102,890
|Akin to a below-knee amputation because of ankle joint loss.
|Severe Foot Injury (d)
|£39,390 to £65,710
|Fractures to both heels or feet mobility are notably restricted or in permanent pain. Also, unusual severe injury to one foot. For example, degloving, extensive surgery, heel fusion, ulceration, osteoporosis or prevented wearing conventional shoes. Drop foot deformity with the need for a brace.
|Serious Foot Injury (e)
|£23,460 to £36,790
|Lasting pain or higher future risk of traumatic arthritis, risk of fusion surgery and prolonged treatments.
|Moderate Foot Injury (f)
|£12,900 to £23,460
|Displaced metatarsal fractures causing permanent deformity and lasting symptoms. Risk of long-term osteoarthritis and/or need of future surgery.
|Modest Foot Injury (g)
|Up to £12,900
|Minor metatarsal fractures, ligamentous ruptures, puncture wounds and similar. Last ing symptoms like pain or aching, limp. Foot injuries such as fractures, contusions, lacerations leading to complete or close to complete recovery would justify lower compensation.
|Amputation of the Great Toe (b)
|In the region of £29,380
|Amputation of the great toe.
|Severe Toe Injuries (c)
|£12,900 to £29,770
|Severe crush injuries, one or two toe amputation, or falling short of amputation or partially amputated. Bursting wounds and injuries that produce notable symptoms
|Serious Toe Injuries (d)
|£9,010 to £12,900
|Serious injury to the great toe, or multiple fractures/crush to two or more toes. Permanent disability causing discomfort, scarring, pain. Unsuccessful operations, stabbing pains, gait impairment.
|Moderate Toe Injuries (e)
|Up to £9,010
|Fractures or worsening of pre-existing degenerative issues, laceration injuries to the toes. Lasting minor symptoms and/or surgery is needed leading to lengthy discomfort and scarring.
|Moderate Ankle Injuries (c)
|£12,900 to £24,950
|Fractures, tears to ligaments and alike, leading to less serious disabilities like difficulty standing and walking on uneven ground. Difficulty with prolonged standing and walking, instability on stairs, metal plate irritations, residual scarring. Risk of future osteoarthritis.
Additionally, you may be eligible for special damages as part of your broken foot at work claim. Special damages consist of financial costs incurred due to your injury. This can include:
- Loss of income and future earnings
- Travel costs to and from medical appointments
- Medical expenses for treatment sought outside the NHS
For more information on broken foot compensation, contact our advisors today.
Find out how to make a broken foot at work claim today by contacting our advisors. They can screen your claim and pass it onto our panel of No Win No Fee lawyers if it is valid.
You can reach our advisors by:
- Call us on 020 3870 4868
- Claim online through the website
- Send us your query using the chat bubble now on your screen
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If you have any more questions about making a broken foot at work claim, contact our advisors today for free legal advice.