What Can Someone Get For A Toe Injury Claim?

Have you suffered a toe injury and are looking to claim? Are you confused about how to begin the claims process? This guide has been designed to help you through the process and give you a clear understanding of how to start.

A guide to making a toe injury claim

Our advisors are on hand 24 hours a day, 7 days a week to offer you free legal advice and to answer any of your questions. You can get in touch with us by calling the number at the top of the page, contacting us via our website or using the live chat feature.

Choose A Section

How Much Could I Get For A Toe Injury Claim?
Ways That You Could Hurt Your Toe
What Goes Into Making A Broken Toe Claim?
Using A Compensation Calculator For A Toe Injury Claim
How Does No Win No Fee Work?
Learn More About Toe Injury Claims

How Much Could I Get For A Toe Injury Claim?

If you can claim, the amount you’d seek would be dependent on many factors, such as how severe the injury is, how it has affected your life and whether you suffered financial loss because of it. That’s why compensation varies on a case-by-case basis.

You could claim compensation for a toe injury by making a personal injury claim if it was caused by someone breaching the duty of care they owed you. There are various situations where someone might have owed you a duty of care, such as at a workplace, on the road or in a public place.

To prove negligence has occurred, you would need to answer the following questions:

Were you owed a duty of care?
Was the duty of care owed to you breached?
Did you suffer an injury or illness as a result?

If you can show this, you could be eligible to make a claim for compensation.

Time Limits When Claiming

A workplace accident caused by third-party negligence could lead to a personal injury claim. These claims generally have a time limit of 3 years as set out by the Limitation Act 1980. For example, the time limit would begin from the date of the injury or the date you gained the knowledge that you were injured due to negligence. However, there are exceptions to this rule.

To find out what these exceptions are, contact us through the live chat feature.

Toe Injury Statistics

The Health and Safety Executive (HSE) records and publishes the health and safety at work statistics for Great Britain.

The HSE records the statistics that are gathered under The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR). Provisionally, for the year 2020/21, 14,938 employees suffered a non-fatal injury to their lower limb. This includes 614 employees who suffered a non-fatal injury to one or more of their toes.

For non-fatal injuries to employees in 2020/21, 33% were caused by slips, trips or falls on the same level. This is followed by handing, lifting or carrying at 18%.

Ways That You Could Hurt Your Toe

The Health and Safety at Work etc. Act 1974 (HASAWA) is one of the most prominent pieces of legislation that governs the health and safety procedures within a work environment. It states that the employer’s duty of care is to keep their employees as safe as reasonably possible within the workplace.

An example of a workplace accident would be your toe being hit by a falling object. This could be because an object was not secured correctly. The employer could be in breach of their duty of care, or negligent, because they did not correctly follow the health and safety procedures.

Accidents in a Public Setting

The Occupiers’ Liability Act 1957 is a piece of legislation that focuses on those who own or control an area or place that’s accessible to the public. These could include supermarkets, cinemas, shopping centres and parks. The party would need to ensure they take reasonable measures to protect the health and safety of visitors.

Examples of getting an injury in a public setting include:

Being injured in a supermarket due to an item falling onto your foot because the shelving was damaged.
Suffering a toe injury because of a slip, trip or fall due to an unattended spillage in a cinema that staff were aware of.
Tripping over a raised paving slab in a park, breaking your toe.

Another example would be if an accident happened in a shop due to the owner or staff not following the health and safety procedures correctly.

Road Traffic Accidents

The Road Traffic Act 1988 is the main piece of legislation that sets out the different types of traffic offences road users can face as well as safety requirements, such as wearing seat belts or motorcyclists wearing helmets. On the other hand, The Highway Code sets out information, advice and guidance for all road users. Breaking certain rules could see you being fined or other punishments imposed, like points on your licence. The most serious offences could even lead to criminal prosecutions. It also outlines the duty of care all road users have towards one another. They should use the roads with care and skill.

An example of a road traffic accident could be if a driver neglects to allow enough room while passing a cyclist. The cyclist could be startled and possibly fall from their bike. If the vehicle is moving at speed, the cyclist could be knocked from their bike. The Highway Code outlines that drivers should ‘give motorcyclists, cyclists and horse riders and horse-drawn vehicles at least as much room as you would when overtaking a car’.

What Goes Into Making A Broken Toe Claim?

The first step to take after you have been involved in an accident is to seek out medical attention. This should always be the first step after an accident. In a workplace setting, there should be a qualified first aider. It is their role to assess the injury and offer the appropriate care. You should also seek medical attention if you’re injured in a public setting or a road traffic accident. If the injury necessitates it, an ambulance should be called.

If you’re injured at work, the accident book should be filled out. This creates a written record of the accident and could be used as evidence later down the line.

After seeking medical attention, you could begin to start the claims process. For this to be as effective as possible you could start to gather information and evidence. These can be items such as:

Photos of the accident site
Photos of the injury
Contact details of witnesses
CCTV footage of the accident
A written record of the accident from the accident book (where applicable)
A copy of the police report (if you were injured in a road traffic accident)

While it is not mandatory, it can also be helpful to get legal advice while you are preparing to claim. This can clear any doubt or fears you may have when claiming. It can also help you understand the legal requirements you may have to go through.

For further advice on making a toe injury claim, our advisors are happy to help. They are available 24 hours a day, 7 days a week.

Using A Compensation Calculator For A Toe Injury Claim

The Judicial College provides guidelines that set out the different brackets of compensation that could be awarded. There are many different factors that go into creating the brackets, including the severity of the injury, how long you have suffered and the effects the injury has had on your day-to-day life.

Your solicitor could use these guidelines as a reference point when valuing your claim.

Types of Injuries	How Much?	Description
Amputation of All Toes	£34,270 to £52,620	Injury that has resulted in amputation, and the process was traumatic or through surgery and there is a lasting effect on mobility.
Amputation of the Great Toe	In the region of £29,380	Amputation of the big toe
Toe Injuries: Severe	£12,900 to £29,770	Severe crush injuries that have led to the amputation of one or two toes. Also bursting wounds and injuries that have resulted in severe damage.
Toe Injuries: Serious	£9,010 to £12,900	Serious injuries to the big toe, crushing and multiple fractures of two or more toes. Resulting in some permanent disability by way of discomfort, pain and scarring.
Toe Injuries: Moderate	Up to £9,010	Cases that include minor symptoms, such as laceration injuries to one or more toes.
Foot Injuries: Very Severe	£78,800 to £102,890	Injuries that produce a permanent and severe pain or disability. Examples would include the intensifying of any existing back problems or loss of mobility.
Foot Injuries: Severe	£39,390 to £65,710	Fractures that are present in both heels or feet with a significant impact on mobility.
Foot Injuries: Serious	£23,460 to £36,790	Injuries that involve continuing pain from traumatic arthritis or prolonged treatment.
Foot Injuries: Moderate	£12,900 to £23,460	Fractures that result in permanent deformity or continuing symptoms.
Foot Injuries: Amputation of One Foot	£78,800 to £102,890	This is similar to a below-knee amputation. This is because of the loss of the ankle joint.

General damages compensate you for the physical and mental suffering you have endured. Valuing these injuries is done by taking into consideration the severity of the harm you sustained and the impact it may have on your quality of life. There may be a need for you to prove the severity of your injuries. In this case, you would be assessed by an independent medical professional, and they will then make a report about their findings.

Special damages, on the other hand, are the additional financial expenses that were incurred as a result of the injury. These include both past and future losses incurred as a result, provided that you have evidence. For example, payslips could be used to show any loss of earnings that were incurred as a result of you being unable to work while recovering.

Types of financial loss that are considered to be special damages:

Travel expenses
Childcare costs
Loss of wages
Additional house modifications if you suffered a disability as a consequence of the accident
Prescriptions/aids

If you have any further questions, don’t hesitate to contact us via our live chat feature.

How Does No Win No Fee Work?

No Win No Fee agreements are also called Conditional Fee Agreements and are an arrangement between you and your personal injury solicitor. It contains the understanding that if you win the case, then you will have to pay a success fee to the solicitor. However, the percentage of the fee is capped by law. Your solicitor will discuss this with you so that there aren’t any surprises.

On the other hand, if your case is unsuccessful, then you wouldn’t have to pay the success fee to your solicitor.

You do not need a solicitor to begin the claim process. However, it is useful to obtain a solicitor’s knowledge and advice.

Our advisors can put you in touch with our panel of personal injury solicitors. This service is available 24/7 so feel free to contact us about your questions.

Speak To Us About A Toe Injury Claim

If you are still struggling with making a toe injury claim, then please get in touch by:

Using our live chat feature
Calling us on the number at the top of the screen
Contacting us through our website

Learn More About Toe Injury Claims

Here are some additional resources for you to have a look through.

The NHS website has a helpful guide on what to do if you have suffered any broken toes as well as finding services near you.

The HSE also offers a guide on how to report an accident at work with examples of the different types of accidents.

Check out more of our personal injury claims guides below:

To find out more about a toe injury claim, reach out to our advisors.

Find Out If You Can Make A Toe Injury Claim