If you are considering seeking compensation for a broken bone or fractured limb joint, reading this guide could help. The aim of this guide is to provide you with information about beginning a personal injury claim for a fracture at work. We discuss who is eligible to make a work injury claim, the evidence you could gather to support your case and the time limits in place for starting legal proceedings.
Additionally, we explore the responsibilities your employer has with regard to your safety and well-being in the workplace and while performing work-related tasks. We also look at how your employer’s failure to adhere to their responsibilities could cause you to sustain a fracture.
After becoming injured at work, you could receive compensation to address the impact your injuries have had on your life. We explore the settlement you could be awarded should your claim succeed and how a solicitor might calculate your award.
Furthermore, we discuss the benefits of working with a No Win No Fee solicitor from our panel and look at the services they could offer you.
For more information on whether you could be eligible to pursue a personal injury claim following an accident at work, get in touch with an advisor via the following contact details:
- Call us for free on 0113 460 1216
- Learn more about making a claim online
- Chat with an advisor through our live chat feature below.
Browse Our Guide
- Eligibility Criteria When Claiming For A Fracture At Work
- How To Claim For A Fracture At Work
- How Could A Fracture At Work Be Caused By Employer Negligence?
- What Amount Of Fracture Compensation Could You Receive?
- Make A No Win No Fee Claim For A Fracture At Work
- Learn More About How To Claim For An Injury At Work
It’s important to understand the criteria that must be met in order to have valid grounds to pursue a personal injury claim. As such, you need to prove the following:
- Firstly, you were owed a duty of care by your employer at the time and location of the accident.
- Secondly, your employer breached their duty of care.
- Thirdly, that you sustained physical and/or emotional injuries as a consequence of the breach. This defines negligence.
The Health and Safety at Work etc. Act 1974 (HASAWA) sets out the duty of care employers owe their employees. It describes that they need to take steps considered reasonable and practicable to ensure employees are safe at work and as they do their job. Section 2 of HASAWA outlines the steps they need to take. Examples of these include:
- Provide necessary personal protective equipment (PPE)
- Give adequate training
- Conduct risk assessments to ensure the work space and workplace equipment or machinery safe to use
If this duty of care is breached and you sustain a fracture at work, you may be eligible to pursue your claim. For information on how to claim compensation, continue reading.
Evidence can show that there has been a breach of health and safety legislation and that this caused you to sustain a fracture at work. It can also demonstrate the impact your injury has had on your life, including physically, psychologically and financially. Examples of the steps you could take to gather evidence include:
- Request CCTV footage. This can show the accident happening and how it was caused.
- Keep a diary. This can provide details on the physical impact of your injuries as well as your mental state.
- Access copies of your medical records, such as X-rays or prescriptions.
- Take photographs of your injuries and the accident scene, including any hazards.
- Gather the contact details of witnesses who can provide a statement at a later date.
A personal injury solicitor could help you gather evidence to strengthen your case. If you feel you could benefit from their services, get in touch with an advisor. They can assess whether you’re eligible to have a solicitor from our panel represent your case.
Is There A Time Limit To Claim For An Accident At Work?
There is a standard three year personal injury claims time limit for starting legal proceedings. It generally starts from the date of the accident as set out in The Limitation Act 1980. However, exceptions can apply.
For more information regarding the time limits and their exceptions, get in touch using the number above.
There are several ways an employee could sustain a fracture at work. In some cases, employer negligence could cause or contribute. For example:
- A wet floor may have been left without any signage or without being cleaned up. As a result, a shop worker may slip and fracture their ankle.
- Faulty handrails or damaged stairs that an employer was aware of but failed to address could cause an employee to lose stability and fall, fracturing their back or pelvis.
- A fall from a height could occur if an employee is provided with faulty equipment, such as a broken ladder. This could cause them to sustain a skull fracture.
- Failure on an employer’s part to provide essential PPE can mean that an employee is exposed to falling debris causing a neck fracture.
Not all incidents of workplace accidents will occur due to an employer failing to uphold the duty of care they owed. As such, it may not always be possible to pursue personal injury compensation. To discuss your specific case and find out whether you’re eligible to claim, get in touch with an advisor using the number above.
If your claim is successful, you could be eligible to receive two types of damages within your settlement. General damages compensate for the pain and suffering caused by your injuries. Long-term health consequences can also be assessed as well as the overall impact your injuries have had on your quality of life.
To value general damages, legal professionals can refer to a document called the Judicial College Guidelines (JCG) which list guideline compensation awards. We have included some of these in the table below. However, the figures are guidelines and are not necessarily reflective of what you will be awarded.
|Injury Type||Severity||Notes||Guideline Award|
|Pelvis||(a) Severe (i) ||Extensive fractures to the pelvis that involve a dislocated lower back joint as well as a ruptured bladder.||£78,400 to £130,930|
|Knee||(a) Severe (ii) ||Fractures that extend into the knee joint creating constant and permanent pain and limiting movement.||£52,120 to £69,730|
|Neck||(a) Severity (iii) ||Injuries that cause fractures or dislocations.||£45,470 to £55,990|
|Leg||(b) Severe (iii) ||Compound or comminuted fractures that are serious in nature.||£39,200 to £54,830|
|Arm||(b) Permanent And Substantial Disability||Serious fractures of one or both forearms which leave a permanent residual disability.||£39,170 to £59,860|
|Ankle||(c) Moderate||Fractures and ligamentous tears that cause less serious disabilities such as difficulty standing or walking for long periods.||£13,740 to £26,590|
|Shoulder||(b) Serious||Dislocation and damage to the lower part of the brachial plexus creating aching in the elbow as well as pain in the shoulder and neck. This bracket also includes a fractured humerus which causes restricted shoulder movement.||£12,770 to £19,200|
|Shoulder||(e) Fracture of the Clavicle ||Award will depend on the severity of the fracture and whether residual symptoms are permanent or temporary.||£5,150 to £12,240|
|Elbow||(c) Moderate or Minor Injury ||Simple fractures which do not cause any permanent damage or impact function in a permanent way.||Up to £12,590|
|Hand||(j) Fracture of Index Finger||Fractures which have mended quickly but leave an impaired grip.||£9,110 to £12,240|
|Wrist||(d) Recovery Takes Longer Than 12 Months||Fractures and soft tissue injuries that take longer than a year to heal. However, recovery is complete or largely complete save for minor symptoms.||£6,080 to £10,350|
Claiming Financial Losses In Accident At Work Claims
You could also receive special damages. This head of claim allows you to seek reimbursement of any financial costs caused by your injuries. Evidence such as travel tickets, receipts and wage slips could help prove that you:
- Suffered a loss of earnings because you were unable to work
- Incurred medical costs, such as paying for prescriptions
- Needed to pay for travel to and from medical appointments
- Had to pay for adaptations to your vehicle or home to cope with the permanent effect of your injuries.
To receive a personalised estimate of how much you could be owed in personal injury compensation for a fracture at work, get in touch with an advisor.
Whilst you are not legally required to use the services of a solicitor to launch a personal injury claim, you might find it beneficial. We can connect you to solicitors who offer a No Win No Fee option.
Our panel of No Win No Fee solicitors may offer a Conditional Fee Agreement (CFA) which is a contract that means they would not usually charge you any upfront or ongoing fees for the work they perform on your behalf. Furthermore, if the claim outcome is unsuccessful, they do not require payment for any work completed on your case.
A claim that has a successful outcome means that only a small amount is deducted from the payout as a success fee. This is subject to a legislative cap which means you benefit from the majority of the compensation awarded.
To learn more about whether you could be eligible to work with a solicitor from our panel on this basis, get in touch with an advisor. In addition to assessing whether you have valid grounds to pursue your potential claim, if it’s found that you do, they can connect you with a solicitor who can offer their services to help benefit both you and your claim.
You can find out more by:
- Calling for free on 0113 460 1216
- Enquiring about making a claim online
- Speaking with an advisor through our live chat feature below.
Read more of our guides relating to work injury claims:
- Information about making a workplace accident claim.
- Find out if you could claim after being struck by a moving object at work.
- Learn whether you could sue your employer for a work accident.
- A guide to bone fracture claims.
Additionally, the following resources could benefit you:
- NHS – Advice on broken bones
- Health and Safety Executive – Workplace injury statistics
- GOV – Statutory Sick Pay
Thank you for reading this guide on when you could be eligible to begin a personal injury claim for a fracture at work and the process of doing so. If you have any other questions, get in touch using the number above.
Writer Jeff Wallow
Editor Meg McConnell