Hairline Fracture Compensation Claims In The UK
By Daniel Pike. Last Updated 15th February 2023. Have you suffered a hairline fracture? If so, compensation could be owed to you. If you’ve been in an accident that was caused by someone else’s negligence and were injured as a result, you could have a valid claim. There are a number of locations where you could suffer an injury like this. We’ll be mentioning some of them in this article, including accidents in the workplace, road traffic accidents, and even a slip, trip or fall in a public place.
So, whether you’ve had a hairline fracture in your ankle, foot, shin, or another location, we will be describing many of them over the course of this guide. The topic of medical negligence will also be covered. If you have any questions while reading, then don’t hesitate to get in touch. Our team of advisors are standing by and ready to help.
The more we know about your injuries and how they were sustained, the more accurately we will be able to help you. If you’re deemed to have a valid claim, then we could even connect you with an expert solicitor from our panel. They work with all of their clients on a No Win No Fee basis. For more information on how you can claim hairline fracture compensation, then read on. Below, you’ll also find our contact information.
Get In Touch With Our Team
There’s more than one way you can get in touch with our advisors.
- You can call us on 020 3870 4868
- Speak to us using the pop-up live chat window in the bottom right
- Fill out our online form to see if you could have a valid claim
Services And Information
- Can I Claim Compensation For A Hairline Fracture?
- What Is A Hairline Fracture?
- What Is A Stress Fracture?
- What Could Cause A Hairline Fracture?
- Calculate Hairline Fracture Compensation Payouts
- How Long Do You Have To Start A Claim?
- Steps You Can Take After Breaking A Bone
- No Win No Fee Basis Hairline Fracture Compensation Claims
- Guides On Related Claims
- FAQs
Can I Claim Compensation For A Hairline Fracture?
When making a hairline fracture claim, you need to be able to prove that the injury was caused by a breach of duty of care. You are owed a duty of care in scenarios such as:
- In the workplace – by your employer
- On the road – by other road users
- In a public area – by those in charge of a space
If the person who owes you a duty of care does not uphold it, and you are injured as a result, then this is known as negligence. This is when you may be able to make a personal injury claim. If the claim is successful, you could be awarded compensation for a hairline fracture. However, you would need to support your claim with evidence.
If you have any questions, our advisors are always available to answer your questions.
What Is A Hairline Fracture?
A hairline fracture is also known as a stress fracture. Repetitive action or overuse are just two ways they can be sustained. If your job or hobby involves repetitive actions then your risk of hairline fractures could be higher than those who do not. This isn’t to say that some people aren’t at risk of developing hairline fractures. Even extending the duration of an activity you already engage in can also increase the risk of developing hairline fractures. Similarly, attempting new activities can engage different parts of the body that are unaccustomed to the repeated impact and can therefore cause hairline fractures in this way too.
Some occupations involve repetitive movements or prolonged physical strain on the body. Certain injuries at work should be reported according to RIDDOR. Below is a graph, displaying RIDDOR figures for injuries to various parts of the body in the workplace in 2019/20. Whilst the nature of the injury is not specified, it does give an idea of the number of injuries.
What Is A Stress Fracture?
A stress fracture would fall under the same definition as a hairline fracture. Both would be classified as small crack in the bone. Although, the term can also refer to a severe bruise within the bone. All could be caused in a similar way. The rest of the bone is typically unaffected. It’s more common that a stress fracture is caused by overuse over a longer period of time, than by an impact collision.
What Could Cause A Hairline Fracture?
Let’s take a look at potential causes of hairline fractures that could warrant compensation.
In The Workplace
As mentioned earlier, hairline fractures are more likely to occur due to repetitive actions or overuse. To give an example in the workplace, some jobs will involve a lot of manual handling. There are certain regulations in place that must be followed by law. Those in charge must make sure their employees are working in a way that reduces the risk of injuries such as hairline fractures. Warehouse workers may be expected to move heavy loads for long periods of time throughout the day. These employees should be sufficiently trained and rotated to other tasks throughout the day. This should reduce the risk of hairline fractures developing.
All employers have a legal duty of care to their employees. This means that they must keep them safe as is practically possible. Included in this duty is making sure their staff are properly trained to carry out their job safely. If this training is not carried out, this could be an example of a breach of this duty of care. If an injury takes place as a result, this is when you could be eligible to claim compensation.
Road Traffic Accidents
High impact collisions like road traffic accidents are more associated with broken bone injuries that are worse than hairline fractures. Stress fractures are more closely associated with the overuse of a body part rather than trauma. This isn’t to say that hairline fractures can’t be sustained in a car accident. In some less severe accidents, osteoporosis sufferers could suffer a hairline fracture due to their weakened bones.
Slips, Trips And Falls
The same could be said about slip, trip and fall injuries in a public place. In these circumstances, the damage is usually done as the person hits the ground. Therefore, this is another situation where a broken bone would be more of the expected outcome than a hairline fracture.
If you’re still unsure whether or not your hairline fracture is a result of someone else’s negligence then get in touch with our advisors today.
Calculate Hairline Fracture Compensation Payouts
When discussing how much you could be awarded in hairline fracture compensation, there are two main figures to consider. These figures are called general damages and special damages. First, let’s address general damages. This amount is awarded to the claimant to address the pain and suffering caused by their injuries. It may be calculated using a publication called the Judicial College Guidelines (JCG). The JCG contains a detailed list of injuries and compensation brackets. The severity and recovery time are two of the factors considered when determining the level of compensation the claimant could be entitled to.
Below, we’ve included a table that displays some example figures for various injuries. These figures have been taken from the latest edition of the JCG.
| Injury | Description | Amount |
|---|---|---|
| Rib | Rib fracture or injuries to the soft tissue that cause serious pain and disability, but only for a matter of weeks | Up to £3,950 |
| Neck | When a full recovery is made within three months | Up to £2,450 |
| Back | When a full recovery is made within three months | Up to £2,450 |
| Arm | Simple forearm fractures | £6,610 to £19,200 |
| Wrist | Very minor fractures with little or no displacement – includes soft tissue injuries that need plaster or bandage for a matter of weeks | £3,530 to £4,740 |
| Hand/finger/thumb | Fractures that will have recovered within six months | Up to £4,750 |
| Leg | Simple femur fracture without damage to articular surfaces | £9,110 to £14,080 |
| Leg | Simple tibia or fibula fractures, soft tissue injuries | Up to £11,840 |
Next, we have special damages. This sum is awarded to the claimant to reimburse them for any additional costs or outgoings that occur due to their injury. For example, if you miss time at work because you are unable to carry out your role, you could reclaim the loss of earnings you experience over that time. Other things you could claim for are things like damage to property, and medical costs not covered by the NHS. It’s important to maintain records of these expenditures. Without them, you may not be reimbursed.
For more information on what could be reclaimed through special damages, call our advisors today.
How Long Do You Have To Start A Claim?
It’s stated in the Limitation Act 1980 that personal injury claims have a 3-year time limit placed on them. This means that you have 3 years to start a claim. After this time window closes, you are likely to find it very difficult to have your claim addressed. However, there are some circumstances where this time limit can function slightly differently. We’ve included some of the more common examples below.
General Accident Claims
Most claims will have to abide by the 3-year time limit. However, there are certain injuries that may only present themselves on a date later than when the accident took place.
The date that you are made aware of your injuries is known as the date of knowledge. If you have sufficient evidence to back this up, you could use the date of knowledge as the start of your time limit. A good way to prove your date of knowledge during your claim is by presenting your medical records containing the date of your diagnosis.
Child Accident Claims
Those under 18 years old cannot legally pursue their own claim. Due to this, their time limit is suspended and will not begin until their 18th birthday. As an alternative to waiting, their claim can be made for them by a litigation friend. This is an adult who must have the child’s best interests in mind. It could be their parent or guardian. It could also be someone like a family friend or legal representative.
The litigation friend does not receive the payout themselves if the case is successful. It is paid into a bank account that the claimant can access once they turn 18.
Claiming On Behalf Of Those With A Reduced Mental Capacity
The claimant may suffer from a reduced mental capacity. For example, they could suffer from Alzheimer’s and are unable to make decisions on their own. In these cases, their time limit would be suspended indefinitely and a litigation friend would have to pursue their claim for them.
If the injury in question has caused the reduction in mental capacity via brain damage for example, then their time limit will only remain suspended until they recover. If their mental capacity never returns to a point, their time limit would also remain indefinitely suspended.
Steps You Can Take After Breaking A Bone
If you’ve broken a bone you should seek medical attention. Without being seen by a medical professional, your injury could become much worse. Not only that, but there will be helpful medical reports generated as a result. These will be very useful as evidence while pursuing your claim.
There are other forms of evidence that you can obtain to improve your chances of success. Photographs, witness details, and any CCTV footage are just some of the things that can be used. If how your injury occurred was captured on CCTV, then you may have a right to request the footage.
Our advisors are standing by and ready to offer you free guidance and advice to help you with your claim.
No Win No Fee Basis Hairline Fracture Compensation Claims
All of the solicitors on our panel work with their clients on a No Win No Fee basis. This means that their clients will not be responsible for covering their legal fees if the case is unsuccessful. In the event of a successful claim, the client’s lawyer will be paid via a small, capped percentage taken from their compensation payout.
If this method of pursuing your personal injury claim sounds like it appeals to you, then get in touch.
- You can call us on 020 3870 4868
- Speak to us using the pop-up live chat window in the bottom right
- Fill out our online form to see if you could have a valid claim
Guides On Related Claims
We’ve included some links to additional material you may find useful.
- Our guide regarding your rights after an accident at work.
- How to report a doctor for medical negligence.
- A general guide to personal injury claims.
- Here’s some advice from the NHS about signs of a broken bone.
- More on stress fractures from the NHS.
- Additional information on litigation friends.
FAQs
In this final section, we’ve answered some of the most common questions we’re asked.
How do you claim for injuries to a child?
The process of claiming compensation for a child is almost the same as claiming for an adult. The main difference is that no one under 18 can represent a claim. Therefore, a litigation friend would have to make it for them.
What happens to compensation awarded to a child?
It is not awarded to the adult pursuing their claim for them. The compensation is paid into a bank account. The child receives it when they turn 18. Included in the amount will be any interest that may have accrued.
Could you sue a doctor for medical negligence?
Yes, you can. However, it’s important to know what medical negligence is. If your doctor has openly discussed treatment with you and it doesn’t work out as planned, this is unlikely to be seen as medical negligence. For misdiagnosis of a hairline fracture, compensation for medical negligence could be claimed if you can show negligence and a breach in the duty of care by the medical professional caused your injury to worsen.
Writer IB
Checked by EI.
