By Cat Grayson. Last Updated 13th July 2023. You may be eligible to make a broken leg at work claim if you were injured at work due to employer negligence. Negligence means that your employer has failed in the duty of care that they owe you whilst in the workplace.
A broken leg can be a painful and inconvenient kind of injury. It may stop you from being able to work. In some cases, a particularly badly broken leg might cause permanent symptoms.
This guide will help explain the claiming process and some potential causes of workplace broken leg injuries. We will also look at the possible compensation you could receive if your claim is successful.
A member of our team may be able to connect you with a No Win No Fee solicitor provided you have a valid claim. Contact our advisors today by:
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Select A Section
- Can I Make A Broken Leg At Work Claim?
- What Are The Most Common Causes Of A Broken Leg?
- What Do I Need To Prove A Broken Leg At Work Claim?
- How Are Settlements Negotiated?
- How Much Money Can You Get For A Broken Leg At Work Claim?
- Making A Work Injury Claim With A No Win No Fee Solicitor
You might be able to make a broken leg at work claim if your employer’s negligence results in you sustaining an injury. The Health and Safety at Work etc. Act 1974 (HASAWA) is a piece of legislation that outlines the duty of care that employers owe their employees. For example, they’re expected to ensure good housekeeping and maintain work equipment to a safe standard.
You must be able to prove that your broken bone was caused by employer negligence to be eligible for a personal injury claim. If you caused the injury through your own negligence, or if it was not the fault of anyone at all, then you will not be able to claim.
Contact our advisors today for more information on starting your broken leg at work claim.
How Long Do I Have To Claim For A Leg Injury At Work?
If you are eligible to make a claim for broken leg at work compensation, you must ensure that you begin your personal injury claim within the relevant time limit. According to the Limitation Act 1980, this is generally three years, starting from the date of the accident. However, this does come with some exceptions.
For example, if you suffered a broken leg at work as a minor, then the time limit is paused until your 18th birthday. From this date, you will have three years to start a claim. However, a litigation friend could claim on your behalf while the time limit is frozen.
The time limit is suspended indefinitely for those lacking the mental capacity to claim for themselves. During this time, a litigation friend could act on their behalf. If a claim has not already been made and they regain this mental capacity, they will have three years from the recovery date to start one.
To find out if your claim falls within the personal injury claims time limit, contact our team of friendly advisors today.
There are a number of ways an employee could sustain a broken or fractured bone, and they include:
- Slips, trips and falls
- Falls from a height
- Accidents with moving or falling machinery
Contact our advisors today to find out more about the process of claiming. If you have a valid claim, they could connect you with a solicitor from our panel.
To prove a broken leg at work claim, you must be able to provide evidence that your employer breached their duty of care. A No Win No Fee lawyer can make this process feel less daunting and can also advise you on the best evidence you can use to support your claim. Some useful evidence could include:
- Medical records – Seek immediate medical help for your injury. Moreover, the medical document, created by the medical professional, can act as evidence in support of your claim.
- CCTV footage – You can request CCTV footage from your employer. You may also be able to use recordings from colleagues.
- Accident at work book – Workplaces with 10 or more employees are legally required to have an accident at work book. Fill this in for a timely record of events, if unable to do so, someone can fill it in on your behalf.
Contributory negligence refers to a scenario where two parties share some blame for the injuries sustained after an accident. In a workplace accident, it may be that both you and your employer are partially at fault for the injuries you sustained.
For example, if an employer failed to carry out a risk assessment on machinery, such as a crane, and heavy items fall and hit an employee, they would be negligent. However, if the employer provided the necessary PPE that the employee chose not to wear, then the employee would be considered to have contributed to their injuries.
For more information on contributory negligence, contact our advisors today.
Generally, settlements can be reached through litigation, mediation and arbitration. Litigation is the process by which a claim goes to court.
For a settlement to be negotiated in litigation they have to follow the pre-action protocols, which are:
- Letter of notification – A letter written to the defendant, informing them that you intend to file a broken leg at work claim.
- Rehabilitation – Your immediate medical needs and how these can be addressed will be determined.
- Letter of claim – Establishes all of the details relating to the incident and injuries.
- Status of letters of claim and response – The defendant’s legal team must reply within 21 days. The response should include the defendant’s insurance details.
- Disclosure – The exchange of relevant information to help settle the claim.
- Experts – For example, this might include an independent medical assessment so that your injuries can be fully determined.
- Negotiations following admissions – The defendant admits liability for your injuries.
- Alternative Dispute Resolution (ADR) – Litigation should be a last resort. The defendant and claimant should consider if they can resolve outside of court.
Mediation And Arbitration
If you want to make a broken leg at work claim, there are out-of-court alternatives to litigation called alternative dispute resolutions (ADR). Examples of ADR include meditation and arbitration, which pre-action protocols describe as:
- Mediation – The claimant and defendant voluntarily appoint a third party, without prejudice, to facilitate a resolution of their dispute.
- Arbitration – A third party decides the dispute in a private hearing, and both parties are bound by the arbitrator’s decision.
For more information on alternative dispute resolutions, talk to our advisors now.
If your claim succeeds, you will receive compensation. The compensation you could receive may be split into general and special damages.
General damages cover the pain and suffering sustained due to your injury. The Judicial College Guidelines (JCG) outline potential compensation brackets for various injuries. Instead of a personal injury calculator, we’ve chosen to include the following table outlining possible compensation for general damages:
|Loss of Both Legs
|£240,790 to £282,010
|Both legs lost. Award depends on phantom pain, prosthetic success, psychological problems, backache and future degeneration.
|Below-knee Amputation of Both Legs (ii)
|£201,490 to £270,100
|Higher bracket where both legs have below the knee amputations.
|Above-knee Amputation of One Leg (iii)
|£104,830 to £137,470
|Depends on amputation level, phantom pain, psychological problems, prosthetic success, backache. Osteoarthritis risk in the remaining joints.
|Below-knee amputation of One Leg (iv)
|£97,980 to £132,990
|Below-knee amputation. Top bracket includes traumatic amputation after a devastating accident where the person is conscious or numerable attempts of saving the limb ends in future amputation.
|Most Serious Injuries Short of Amputation (i)
|£96,250 to £135,920
|Leg degloving, extensive leg shortening, fractures haven’t united requiring multiple bone grafts.
|Very Serious Leg Injury (ii)
|£54,830 to £87,890
|Permanent mobility problems needing crutches. Multiple fractures with long recovery periods requiring extensive treatment with deformity and movement limitations.
|Serious Leg Injury (iii)
|£39,200 to £54,830
|Serious comminuted or compound fractures. Joint and ligament injuries causing instability, non-weight-bearing and prolonged treatment. Near certainty of future arthritis and notable scarring.
|Moderate Leg Injury (iv)
|£27,760 to £39,200
|Complicated fractures or severe crushing injuries. Award affected by treatments, employability, degenerative risks, future surgery, muscle wastage, limited movement, instability, scarring, or permanent future vulnerability.
|Less Serious Leg Injury (i)
|£17,960 to £27,760
|Incomplete fracture recovery, or serious soft tissue injuries. Recovery necessitating metal implant causing impaired mobility, sensory loss or worsening of a pre-existing condition.
|Simple Fracture of a Femur
|Simple fractures to the femur with no damage to articular surfaces.
Furthermore, you may be eligible for special damages. These damages cover any financial costs incurred as a result of your injury, for example:
- Loss of income and future earnings
- Travel expenses to and from medical appointments
- Domestic care costs, i.e. gardening, cleaning and cooking.
For more information on what costs you could claim, consult with our team of advisors today.
Making a work injury claim with the help of a solicitor can come with many benefits. For example, our panel of solicitors take claims on from all over the country, which means you aren’t limited to working with a local legal professional. A solicitor from our panel could also help you collect evidence to strengthen your case, and explain any complex legal jargon that could arise throughout the claims process.
A No Win No Fee solicitor may offer to work on your claim under a Conditional Fee Agreement. With this arrangement in place, you won’t have to pay any upfront fees in order for them to start work on your case. Nor will you have to pay them a fee for their work if your claim fails.
Should your claim succeed, then your solicitor will take a success fee. This fee is a small percentage taken directly from your award, though there is a legislative cap in place to ensure you keep the larger share of what you receive.
To find out if a solicitor from our panel could help you, or to learn more about broken leg compensation payouts, get in touch with our friendly team today:
More About Us And Trusted Resources
Please see our helpful articles:
Or, for more resources:
A government guide on Statutory Sick Pay
HSE guide to health and safety legislation
NHS – When to call 999
Contact our advisors today if you have any more questions about making a broken leg at work claim.