Orthopaedic Injury Compensation – When Could You Claim?
This is a guide on claiming orthopaedic injury compensation. Within it, we will discuss a few relevant topics, including how you might sustain an orthopaedic injury, when you might be eligible to make a claim, the time limits that may apply to your claim, and the settlement amounts you could receive for your injury.
Orthopaedic injuries could take place in a number of ways, such as road traffic accidents, overuse of a specific tendon due to your job role, or in a public place accident.
No matter the setting, you may be able to claim compensation for your orthopaedic trauma if you can show that someone owed you duty of care and, because this person breached their duty of care, you sustained harm in the form of a physical or psychological injury. This is known as negligence.
Read on to learn more about orthopaedic injuries and proving negligence took place. Alternatively, get in touch with an adviser. They can listen to your circumstances and offer free legal advice about your potential claim. You can get in touch by:
- Calling on 020 3870 4868
- Contacting an adviser via the live chat feature below
- Filling in our online contact form with your query
Select A Section
- What Are Orthopaedic Injuries?
- What Could Cause An Orthopaedic Injury?
- Types Of Orthopaedic Injuries
- How To Claim Orthopaedic Injury Compensation
- Examples Of Orthopaedic Injury Compensation Settlements
- Talk To Us About Orthopaedic Injury Claims
Orthopaedic traumas can involve any part of the musculoskeletal system such as the bones, muscles, ligaments, tendons or nerves. They can also vary in severity, ranging from sprains and strains to a broken or fractured bone.
If you are thinking about seeking compensation, you must be able to show that the injury occurred because of negligence. This involves showing three criteria:
- A person, such as an employer or a person in control of a public space, owed you a duty of care.
- That person breached the duty of care they owed you.
- Because of that breach, you sustained harm in the form of an injury.
There are certain pieces of legislation that determine who owes a duty of care to others. For example, the Occupiers’ Liability Act 1957 states that a person in control of a space owes a duty of care to visitors who use that space for its intended purpose. If they ignore a hazard that has been noted in a risk assessment they have carried out, such as a loose paving stone that has raised to cause a trip hazard, they could be liable for injuries caused by that hazard.
Additionally, your employer owes a duty of care under the Health and Safety at Work etc. Act 1974 to remove or reduce the risk of known hazards in the workplace. This can include providing adequate training to carry out jobs safely. If they fail to do so, it could lead to someone sustaining a severe neck injury after being asked to operate a forklift truck they were not trained to use.
Road users also owe a duty of care under the Road Traffic Act 1988 to navigate the road in a way that reduces the risk of others sustaining harm. Additional guidance for different road users is available in the Highway Code along with rules that have been backed elsewhere in law.
To learn more about who could be liable for the accident in which you sustained an injury, get in touch. An adviser can help you understand whether you’re eligible to seek orthopaedic injury compensation.
An orthopaedic injury can occur for many reasons, such as blunt force trauma, overuse, or repeated use. Examples of accidents that could cause this type of injury might include:
- A slip, trip or fall on the same level or from a height
- Repetitive actions
- Being hit by a car
- Having an object fall on you
The important thing to remember is that you must be able to show negligence occurred to claim, as discussed in the previous section. If you would like more detail, or are unsure who could have owed you a duty of care, get in touch with our advisers.
Orthopaedic injuries can come in many forms and affect many parts of the body, including the neck, back, arm or leg. They can also vary in severity, ranging from sprains and strains to more severe fractures. Possible injuries include a:
- Bone break or fracture, such as a hip fracture or pubic rami fracture
- Tendon injury, such as damage to the Achilles tendon
- Impinged nerve, such as a shoulder impingement
- Trauma or tear in a joint
You should seek medical care to find out more about your injury and ensure you receive the proper treatment and diagnosis. Additionally, a medical report generated by this visit may become a valuable piece of evidence when attempting to seek orthopaedic injury compensation. To learn more, contact our team of advisers today.
You must ensure that you begin a personal injury claim within the relevant time limit. These limits include:
- 3 years from the date of your accident
- 3 years after you learn, or could be reasonably expected to learn, that your injury was a result of negligence
However, there are a few exceptions to the time limits mentioned above. For example, time limits are suspended for an injured child under the age of 18 or someone who lacks the mental capacity to make a claim on their own behalf.
In these instances, while the time limit is suspended, someone can apply to act as a litigation friend and claim on the injured person’s behalf. If no claim is made on their behalf, the time limit will start from the date the person turns 18 or if they lack the mental capacity, the date they regain the capacity to claim on their own behalf.
There are a few other things you can do before seeking compensation, such as gathering evidence. For example, you could:
- Request CCTV footage showing the accident when it occurred
- Take photos of the accident scene before anything is changed
- Ask for the contact details of anyone who witnessed the accident
To learn more about the things you could do before seeking orthopaedic injury compensation, get in touch with our advisers. They can listen to the details surrounding your circumstances and offer advice about what to do next.
Personal injury compensation settlements can comprise of general damages and special damages. These two heads of claim are both intended to reimburse you, but they do so for different things. General damages compensate you for the pain and suffering caused by your injury.
General damages are always paid out in successful personal injury claims. The amount awarded can change depending on your circumstances, so instead of including a personal injury calculator, we’ve added a compensation table that includes different orthopaedic injuries.
The figures shown above are taken directly from the Judicial College Guidelines, a document that a personal injury solicitor can turn to when assessing the general damages portion of claims. Please remember that these figures are meant as examples only.
|Injury Type||Guideline Compensation Bracket||Notes|
|Severe Back Injuries (a) (i)||£91,090 to £160,980||Instances of severe injury to the spinal cord and nerve roots, involving severe pain, disability, impaired lower organ function, and incomplete paralysis.|
|Severe Back Injuries (a) (ii)||£74,160 to £88,430||Injuries with special features including nerve root damage with associated sensation loss, impaired mobility, and unsightly scarring as well as other issues.|
|Severe Neck Injuries (a) (ii)||£65,740 to £130,930||Injuries that lead to disabilities of a considerable severity, usually involving fractures or damage to cervical discs.|
|Severe Neck Injuries (a) (iii)||£45,470 to £55,990||Severe damage to soft tissues, fractures, or dislocations that give rise to chronic conditions and permanent disability.|
|Wrist Injuries (b)||£24,500 to £39,170||Damage that results in a significant and permanent disability, though some useful movement may remain.|
|Less Serious Leg Injuries (c) (i)||£17,960 to £27,760||Incomplete recovery from fractures or soft tissue injuries.|
|Moderate Knee Injuries (b) (i)||£14,840 to £26,190||Dislocation, torn cartilage or meniscus are injuries included in this bracket.|
|Less Severe Injuries to the Elbow (b)||£15,650 to £32,010||Injuries that lead to impairment of function but not disability, and which do not require major surgery.|
|Moderate Shoulder Injuries (a)||£7,890 to £12,770||Limited movement and discomfort for around two years due to frozen shoulder.|
|Modest Ankle Injuries (d)||Up to £13,740||Fractures that are minor or undisplaced as well as less serious or minor sprains and ligamentous injuries.|
Special damages can be awarded to recompense you for financial losses caused by your injury. They are intended to return you to the position you were in, financially speaking, before the accident. Some losses that special damages may help you recoup are:
- Loss of earnings
- Loss of future earnings
- Travel expenses incurred while getting to and from hospital appointments
- The cost of prescription medications and physiotherapy sessions
Contact our advisers to learn more about the orthopaedic injury compensation you could receive following a successful claim.
If you are considering seeking orthopaedic injury compensation, you may be wondering about how much it would cost to hire legal representation. In this regard, we may be able to help. If our advisers find your claim is valid, they could put you in touch with one of the solicitors on our panel.
A solicitor may offer you a No Win No Fee agreement known as a Conditional Fee Agreement (CFA). Under the conditions of this agreement, you do not have to pay for your solicitor’s services if the claim fails. Instead, you will pay a small percentage of your compensation if your claim is successful. This is called a success fee, and the percentage is capped by law.
If you’d like to know more about seeking compensation, get in touch with our advisers. The consultation is free and there is no legal obligation to continue using our services afterwards. To learn more, get in touch by:
- Calling 020 3870 4868
- Contacting an adviser via the live chat feature below
- Filling in our online contact form with your query
Related Orthopaedic Injury Compensation Claims
Other claim guides you may find useful:
- Bruised ribs injury claim guide
- Avulsion fracture compensation claims
- Broken cheekbone compensation claims
Other relevant external resources:
- Request CCTV Footage – Government information about requesting CCTV footage showing yourself.
- Royal Society for the Prevention of Accidents (RoSPA) – A society dedicated to imparting information to prevent accidents.
- Statutory Sick Pay – Government resource about the statutory sick pay you could receive after an absence from work.
We hope this article about claiming orthopaedic injury compensation has contained useful information. If you have further questions, don’t hesitate to contact us using the provided details.