By Stephen Kane. Last Updated 3rd July 2023. This guide will explain how to make a foot injury at work claim. If you experienced a workplace accident and suffered a foot injury, you may be eligible to claim compensation from your employer. Your compensation package can include general damages, which is a pain and suffering settlement. And you may receive special damages, which is compensation to repay you for any expenses incurred after your injuries.
To begin your foot injury compensation claim, please contact us today. Our panel of expert No Win No Fee solicitors can help you claim compensation for your injuries. Moreover, we can provide you with free legal advice about making your claim. Please call us on 0161 696 9685, or use our online form to contact us.
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- What Evidence Could Support Work-Related Injury Claims?
- Proving The Other Party Was Liable
- Proving Your Injuries
- Time Limit For Making A Foot Injury At Work Claim
- Foot Injury At Work Claim Settlements
- Get Help And Advice On No Win No Fee Claims
You may be eligible to make a foot injury at work claim if you can prove the following:
- Firstly, your employer owed you a duty of care under the Health and Safety at Work etc. Act 1974, employers owe their workers a duty of care. The law applies to full-time employees, part-time workers, agency workers and casual staff.
- Secondly, your employer neglected their duty of care, which led to an accident. For example, your employer may have failed to provide you with proper protective footwear when it was necessary for them to do so. This may have violated The Personal Protective Equipment at Work Regulations 1992. And therefore, you were vulnerable to injury.
- And finally, your accident directly caused your foot injury at work.
What Foot Injuries Could You Claim For?
Here are some common foot injuries which could be caused by accidents at work:
- Cuts and lacerations can be caused by coming into contact with a sharp object.
- A construction worker may suffer a puncture wound if they don’t have the correct protective footwear.
- A tendon rupture can happen when the tendon separates from the tissue. The injury can cause permanent disability if it is left untreated.
- An Achilles tendon rupture may affect your ability to walk properly and require surgery.
- Falls can cause sprains, strains and other soft tissue injuries.
- Crushed foot injuries can cause multiple fractures, such as fractured toes and metatarsal injuries.
- Compartment syndrome is bleeding and swelling within an enclosed group of muscles. If untreated, the patient may suffer permanent muscle and nerve damage.
- Repetitive movements cause bursitis. A bursitis injury can make a joint in the foot become swollen and inflamed.
To make a successful foot injury at work claim, you must prove that your employer was liable. Therefore you will need to show that you have not injured your foot because you did not show proper care and attention. You can be at least partially at fault for the accident but you also need to prove that you were injured either because of another employee or through your employer breaching their duty of care.
You can collect the following evidence to prove your injury claim:
- Copies of emails or letters sent to your employer about health and safety conditions at work.
- A copy of the report made to your company’s accident report log about the accident.
- You can take photographs of the hazard that caused the foot accident.
- And you should ask witnesses if they would provide their contact details in case at a later date a legal representative needs to collect a statement.
You could make a split liability claim if you and your employer contributed to your foot injuries.
To make a successful foot injury claim, you must prove that you were injured. So when you suffer an injury it is paramount that you always seek medical assistants. This will ensure that any injury you have will receive the correct treatment it needs to make a good recovery but this will ensure that your injury is documented in your medical notes.
You can use your medical records as evidence to support your claim. What’s more, you will also be invited to a medical assessment as part of the personal injury claims process.
The physician will produce a medical report which will assess your injuries and recommend the treatment you may need. Moreover, the medical report will establish your injuries’ effect on your life quality. Our panel of solicitors will use the medical report as evidence to support your compensation claim.
And, a publication produced by Judicial College that sets out guideline compensation brackets for a range of injuries often ranging from minor to severe will be used to help value your foot injury compensation payout.
If you aim to start a claim for foot injuries at work, you should be aware of the relevant time limit for getting proceedings underway. As stated in the Limitation Act 1980, there is generally a three-year time limit for starting a work injury claim. This time limit applies from the date your work accident occurred.
The time limit for starting a foot injury at work claim can work differently under certain circumstances. If, for instance, the injured party is below the age of 18, then the time limit is paused until the day of their 18th birthday. A claim could be made on the injured party’s behalf by a court-appointed litigation friend before this date. However, if this does not happen, then the injured party will have three years to start their own claim once they turn 18.
If the injured party lacks sufficient mental capacity to make a personal injury claim, then the time limit is suspended indefinitely. A litigation friend could claim for a foot injury on the person’s behalf. However, if the injured party later regains sufficient mental capacity and a litigation friend hasn’t made a claim, then the three-year time limit will activate from the date of recovery.
To ask questions about the time limit for making a foot injury at work claim, contact our advisors online or on the phone today.
You can use the table below as a claims calculator to estimate your foot injury compensation payout in general damages. How did we create the compensation amounts in this table? We used guidelines from the Judicial College.
Of course, both sides will have to agree to your final compensation payment, so your compensation may vary. Please feel free to call our claims helpline, and we can provide you with further advice about how much money you could claim.
|Nature of injury||Compensation||Notes|
|(A) Amputation - both feet||£169,400 to £201,490||For compensation purposes this is treated similarly to the loss of the legs below the knees. This is due to losing the ankle joint.|
|(B) Amputation - one foot||£83,960 to £109,650||This is similar to the above category but affecting only one foot.|
|(C) Very severe foot injuries||£83,960 to £109,650||Very severe foot injuries causing severe and permanent pain in the foot as well as a disability which is serious and permanent.|
|(D) Severe foot injuries||£41,970 to £70,030||Injuries to the feet including the fracture of both heels. May also present as an injury which has caused a substantial restriction in this person's mobility.|
|(E) Serious foot injuries||£24,990 to £39,200||Less severe than the category above. May lead to continuing pain and could cause traumatic arthritis.|
|(F) Moderate foot injuries||£13,740 to £24,990||Injuries causing the permanent deformity of the foot such as a displaced fracture of a metatarsal bone.|
|(G) Modest foot injuries||Up to £13,740||This could include a variety of different injuries such as simple fractures, penetrating wounds or other injuries.|
In addition, some compensation payouts include special damages. Your special damages payout will cover the costs of any out of pocket expenses you have had, relating to your injuries.
Examples of special damages you can claim include the following:
- Travel expenses
- Medical expenses
- Care costs
- Loss of income expenses
- Mobility equipment expenses
- Funds to adapt your home or car
You may be worried about the cost of hiring a solicitor for your workplace injury claim against your employer. It is not mandatory to have a solicitor but they are experts in this field and can ensure that you receive the right amount of compensation. A No Win No Fee personal injury solicitor requires no upfront payment.
Moreover, you will sign a Conditional Fee Agreement. Therefore you will only have to pay a success fee if your solicitor wins your claim. So, there is less financial risk involved for you. What’s more, you can feel confident when you make your claim. Because a solicitor will only take on a case as a No Win No Fee claim, if there is ample evidence to support the claim.
To begin your foot injury at work claim, please contact us today.
- Call our advice line on 0161 696 9685
- You can use our form to claim online
- Or ask us a question about claiming, using our advice widget
Learn More About Workplace Injury Claims
Please read our online guides if you want to learn more about claiming compensation for a foot injury.
Advice for a foot fracture from the NHS
An NHS guide to the causes and treatment of foot pain
Thank you for reading our guide to making a foot injury at work claim.