Broken Leg At Work Claim – How To Get Compensation

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. 

Broken leg at work claim

Broken leg at work claim guide

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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Can I Make A Broken Leg At Work Claim? 

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. 

What Are The Most Common Causes Of A Broken Leg?

In the year 2020/21, the Health and Safety Executive (HSE) published that under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR), 51,211 non-fatal injuries were reported by employers. There were 15,159 fractures which amount to around 29% of all reported injuries. 

There are a number of ways an employee could sustain a broken or fractured bone, and they include:

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.

What Do I Need To Prove A Broken Leg At Work Claim? 

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

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.

How Are Settlements Negotiated?  

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.

How Much Money Can You Get For A Broken Leg At Work Claim?

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£225,960 to £264,650Both legs lost. Award depends on phantom pain, prosthetic success, psychological problems, backache and future degeneration.
Below-knee Amputation of Both Legs (ii)£189,110 to £253,480Higher bracket where both legs have below the knee amputations.
Above-knee Amputation of One Leg (iii)£98,380 to £129,010Depends on amputation level, phantom pain, psychological problems, prosthetic success, backache. Osteoarthritis risk in the remaining joints.
Below-knee amputation of One Leg (iv)£91,950 to £124,800Below-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)£90,320 to £127,530Leg degloving, extensive leg shortening, fractures haven't united requiring multiple bone grafts.
Very Serious Leg Injury (ii)£51,460 to £85,600Permanent mobility problems needing crutches. Multiple fractures with long recovery periods requiring extensive treatment with deformity and movement limitations.
Serious Leg Injury (iii)£36,790 to £51,460Serious 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)£26,050 to £36,790Complicated 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)£16,860 to £26,050Incomplete 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 £8,550 to £13,210Simple 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.

Get Help And Advice About How To Claim

To start your broken leg at work claim, you may find the process runs more smoothly if you hire a No Win No Fee lawyer. They also have the knowledge and experience needed to help you build a successful claim. 

With a No Win No Fee agreement in place, your lawyer will require no immediate payment but will take a small, legally-capped percentage if your claim succeeds to cover legal costs. If your claim fails, you will not have to pay any money to your lawyer.

Contact our advisors today to determine whether your claim is valid, they may pass it on to our panel of No Win No Fee solicitors. For more information, you can contact our advisors by: 

More About Us And Trusted Resources

Please see our helpful articles:

Accident At Work Claims Guide – How To Claim Compensation For Injuries? – No Win No Fee

£60,000 Compensation Payout For A Broken Leg Injury – Advice To Help Calculate Compensation Payouts 

How To Make A Successful Personal Injury Claim Guide – Get The Right Help 2022 Update – Injury Compensation

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. 

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