Welcome to our fractured metatarsal injury claims guide. Have you been injured through no fault of your own? Whether you had an accident at work, an accident in a public place or a road traffic accident, you could be entitled to compensation provided that you can prove third-party negligence was at fault for your injuries.
In this guide, we’ll explain the process of making a personal injury claim, including how to determine whether you could have grounds to make one and how much compensation you could be entitled to.
If, at any point, you have a question about anything mentioned in our guide, please don’t hesitate to contact our team of specialist advisors. They can even offer you a free consultation about your case and connect you with our panel of personal injury lawyers who could help you claim on a No Win No Fee basis.
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Select a Section
- A Guide To Claiming Compensation Payouts For A Fractured Metatarsal
- What Is A Fractured Metatarsal Injury?
- How Can You Suffer A Fractured Metatarsal Injury At Work?
- Fractured Metatarsal Injury In A Public Place
- How Can You Suffer A Fractured Metatarsal In A Road Traffic Accident?
- How Is Personal Injury Compensation Calculated?
- What Are Special Damages?
- Case Study: £15,000 For A Fractured Metatarsal
- Get Free Legal Advice On The Value Of Your Case
- How Do No Win No Fee Claims Work?
- Get Free Legal Advice From Our Expert Team
- More Resources And Guides On Fractured Metatarsal Injuries
- Fractured Metatarsal Injury FAQs
Firstly, if the incident that led you to suffer a fractured metatarsal injury wasn’t your fault, you can ask yourself these three questions to help determine whether it was a result of third-party negligence:
- Did a third party owe you a legal duty of care?
- And did they breach that duty?
- Did you suffer a fractured metatarsal injury as a result?
It’s important to establish these three points as they can form the foundations of your personal injury claim.
In this guide, we’ll begin explaining how you could make a fractured metatarsal injury claim by looking at what this type of injury is, how it could happen and how your life could be impacted. Next, we’ll explore some third parties that owe you a duty of care and provide some examples of how they could breach this duty and cause you to suffer as a result.
We’ll then move on to explaining how personal inujry claims are valued and what types of damage you could claim for. To illustrate how compensation for a fractured metatarsal could be calculated, we’ve included an example case study where a claimant managed to secure £15,000 after being injured in a public place accident.
To conclude, we’ll discuss how a No Win No Fee agreement could be of use to you and explain the benefits of having a personal injury lawyer handle your case on your behalf. So, please read on to find out more.
Alternatively, if you’re ready to discuss your case now, please don’t hesitate to call our team for a brief, no-obligation chat about what happened to you and we’ll see how we could help you get the compensation you deserve.
The foot has a total of 26 bones, some of which are thinner or more vulnerable than others. The 5 metatarsal bones are the longest bones in the foot.
There are many kinds of fractures including open, closed or displaced. Open fractures involve wounds around the injury and run the risk of an infection developing in the soft tissue.
Closed fractures are typically less serious, with the break occurring under the skin and not penetrating to create an open wound.
Displaced fractures involve the bone becoming misaligned and often have to be manually reset. If this isn’t done, the fracture may not heal in proper alignment and can lead to further issues if not properly addressed.
Symptoms of fractured metatarsal injury include:
- A cracking sound of the bone breaking
- Acute pain in the area
- Swelling and bruising
- Difficulty walking or standing and limited function
You may have sustained your fractured metatarsal injury in an accident at work. Work-related accidents are more common than you might think, demonstrated by the following statistics by the Health and Safety Executive:
- 1.6 million people suffered from a work-related illness (2019/20)
- 142 workers were killed at work (2020/21)
- 693,000 workers sustained an injury at work according to the Labour Force Survey (2019/20)
- 38.8 million working days were lost due to work-related illness and injury (2019/20)
If you’ve suffered an accident at work that you believe your employer’s failures led to, you could be entitled to compensation. To learn more about the duty of care that employers owe their employees and how they could be in breach of it, please see the next section or get in touch today about your situation for a free consultation.
What Is An Employer’s Duty Of Care?
Under the Health And Safety at Work etc. Act 1974 all employers owe their employees a duty of care.
This legislation applies an expectation for employers to comply with certain measures to help ensure the health and safety of their employees while at work. Let’s take a closer look at what’s outlined:
- Section 2 places a duty on employers to create an environment that is as safe as reasonably practicable to their employees. The wellbeing of all employees should be a premier concern.
- Section 3 asks that the same workplace consideration is shown to visitors, including contractors and members of the public.
- Section 7 requires employees to take care of their own safety as much as they reasonably can. They must also do their best to protect the safety of their co-workers and follow health and safety guidelines while at work.
- Section 33 can hold employers responsible for failure to uphold their duty of care if it can be proved that they were remiss or in deliberate breach of it.
Together, these rules aim to minimise hazards from creating accidents that could endanger those in the workplace. Proper training, supervision when carrying out high-risk tasks, regular maintenance checks and the correct Personal Protective Equipment (PPE) where necessary is also required.
For some examples of how an employer could breach this duty of care and lead to one of their employees having an accident, please see the next section.
How Can My Employer Breach Their Duty Of Care?
Even when guidelines are properly followed, accidents can still happen at work. However, if your employer was in breach of their duty of care and you were injured as a result, you could be able to make a claim against them.
Some examples of breaches that could result in a fractured metatarsal injury include:
- Poorly trained staff dangerously over-stacking shelves, leading them to collapse and land on your foot
- Faulty automatic doors closing on your foot as a result of poor maintenance
- Slipping on ungritted steps in icy weather, despite the employer having ample time to grit them
- Tripping on loose wires (that the employers are aware of) obstructing a walkway
- Falling from a height on an unsafe ladder supplied to you by your employer
However you sustained your injury, if you can prove that your employer’s negligence was to blame, you could be entitled to compensation.
Employers should have liability insurance to deal with any claims made against them, so this is what you’d be claiming against.
You may have sustained your fractured metatarsal injury in a public place accident. If you can prove that those in control of the space failed to uphold their duty of care to you and you suffered as a result, you could be entitled to compesnation.
The Occupiers’ Liability Act 1957 is the piece of legislation outlining this duty of care towards those using or visiting public places, such as:
- Roads, pavements, and footpaths
- Council-run premises
- Shops, shopping centres, and outlets
- Restaurants, bars, and nightclubs
- Cinemas, zoos, and fairgrounds
- Parks, fields, and playgrounds
When a place is open to the public, there is an implicit understanding that it will be safe for people to use. If occupiers of a public place do not wish to assume this duty, they must display appropriate signage indicating this, such as ‘keep out’ signs.
To learn more about this duty of care, please see the next section.
The Duty Of Care Of Those In Control Of Public Spaces
Under the Occupiers’ Liability Act, here are some requirements that those in control of public places should follow to help ensure the safety of their visitors:
- Demonstrate a common duty of care to all visitors, including contractors working on site
- Provide fair warning of any hazards
- Undertake regular maintenance checks and repairs
- Accept that children may need special allowances
How Can This Duty Be Breached?
If those in control of public places breach their duty of care and you suffer an injury as a result, you could be entitled to claim compensation. Here are some examples of how a breach could happen to help you identify whether you may have suffered as a result of negligence:
- Slipping on a spillage in a restaurant that’s been ignored
- Tripping on unattended stock obstructing a shop floor
- Falling on an unmarked hazardous step
- Being struck by falling stock from an unsafely stacked shelf
- Slipping on a floor mopped with too much cleaning solution, left unattended and without a caution sign
How Can You Suffer A Fractured Metatarsal In A Road Traffic Accident?
In 2020, there were 131,220 casualties of all severities reported on British roads according to the Department for Transport. (These statistics are provisional and yet to be confirmed.)
You may have suffered a fractured metatarsal injury as a result of a road traffic accident that wasn’t your fault, and if you can prove that third-party failings were to blame, you could be entitled to compensation.
Under The Highway Code, all road users owe each other a duty of care on British roads. They should use the roads with standard care, awareness and skill. If this duty is breached, someone could be injured as a result. Therefore, it’s imperative that people try to adhere to these rules in order to minimise any accidents from happening and ensure safety on the roads.
If you find yourself in this situation, please get in touch today for a free consultation or read on to learn more about this duty of care and how it could be breached.
Duty Of Care Of Road Users
The Highway Code asks that road users show a common duty of care to each other, whether that be drivers, riders or otherwise.
As well as requiring motorists with valid drivers licenses to have road tax, an up-to-date MOT and a minimum of third-party insurance, all road users are also required to demonstrate a basic standard of skill when driving, regardless of age or experience.
Please read on for some examples of this duty and how it could be breached.
How Can A Road User Breach Their Duty Of Care?
Some examples of how road users’ duty of care to one another could be breached include:
- Reckless driving, over-taking, ‘cutting up’ and other aggressive driving styles
- Looking at mobile phones, therefore not paying due care and attention
- Driving under the influence of drink and drugs
- Reversing without looking
There are numerous other examples. However, the same principle applies to all. That is if you can prove that a breach in someone’s duty of care caused you personal injury, you could have grounds to pursue a personal injury claim against them.
Furthermore, if your accident happened with an uninsured or untraceable driver, the Motor Insurers’ Bureau (MIB) can help offer some kind of compensation.
Personal injury claims compensate for two different types of damages: general and special damages.
General damages are designed to compensate you for physical and psychological suffering because of your injury. This could include the pain you experienced and the trauma you were left with after your accident.
The Judicial College Guidelines provides compensation brackets for specific injuries, which are used to help calculate settlement amounts. Please refer to our compensation calculator section later in this guide for some examples. In the meantime, please read on to learn about special damages.
Special damages are designed to reimburse any financial loss or out-of-pocket expenses your injuries have caused you to incur. Some recoverable costs include:
- Loss of earnings
- Loss of future earnings
- Travel to and from hospital appointments
- Private treatment that the NHS can’t cover
- Negative impacts on pensions or bonuses
- Damage to property
- Adaptation to property, such as handrails
- Care costs, whether professional or gracious
- Domestic help, such as gardening
If you’d like to see what you could claim for, please get in touch for a free consultation. You’ll get through to one of our specialist advisors to discuss the specifics of your case. This way, they can tailor any advice to your unique situation, unlike online compensation calculators that can provide generalised payout estimates.
Mr Black was at his local playground with his two small sons when he fractured his metatarsal. While helping his son off a piece of playground equipment, it collapsed onto his foot. Upon impact, Mr Black broke his 3rd, 4th, and 5th metatarsal bones.
Mr Black knew that he wasn’t to blame for his injuries and wanted to make legal proceedings against those responsible.
Therefore, he got in touch with a personal injury lawyer to handle his claim on his behalf. This way, he could rest assured that their expertise would get him the compensation he deserved while he could focus on his recovery.
After his lawyer collected witness statements, other evidence and uncovered documents showing that the local council responsible for the maintenance of the playgrounds had neglected their duty of care, they had grounds for a claim against them.
After making a successful claim, Mr Black was awarded a £15,000 settlement to reflect his losses. As his lawyer worked with him on a No Win No Fee basis, he only had to pay a small percentage of his payout to cover their legal fees after his claim was successful.
The table below demonstrates how a settlement of £15,000 was calculated for a fractured metatarsal injury claim. He received £12,900 in general damages and £2,100 in special damages.
|The Judicial College Guidelines offer an award of up to £12,900 for simple
metatarsal fractures. Those with, for example, ruptured ligaments and permanent symptoms are awarded at the higher end of the bracket.
|Loss of wages for two weeks
|Travel costs to hospital and appointments
|Ruined footwear from bloodstain and tearing
|Painkillers and anti-scarring ointments
Please note that this case study is just an example of the kind of claims that can be made and how settlements are usually calculated.
If you’d like to get a free consultation about your case, our team of specialist advisors could provide you with the following information:
- Answers to any questions you have about the claims process
- An explanation of any legal jargon you’re unsure of
- Your eligibility to claim compensation
- An estimate of how much you could be entitled to
- The option to be connected with our panel of No Win No Fee personal injury lawyers
To learn more about how a No Win No Fee agreement could benefit you, please see the next section of our guide. As mentioned, our panel always works on a No Win No Fee basis, and by getting in touch today, you could take your first step towards accessing their services for yourself.
Many people looking for legal representation can be put off by the high cost of hourly solicitors’ fees and the financial risk they’d face if their case was unsuccessful.
However, with a No Win No Fee agreement, this risk is minimised, as you would only pay the solicitor fee if they win your compensation. Therefore, a ‘success fee’ would be deducted from your payout, meaning you would only pay the solicitor’s fee when your compensation comes through.
Some other benefits of claiming on a No Win No Fee basis include:
- No upfront solicitor costs
- No solicitor fees running during the claims process
- The ‘success fee’ is legally capped to a small percentage of your payout
To see whether you have a valid claim that our panel of No Win No Fee personal injury lawyers could help you with, please refer to the next section of our guide for details of how to reach out.
If you want to know more about anything mentioned in our guide, please don’t hesitate to contact our team of specialist advisors. They can even offer you a free consultation about your case and connect you with our panel of personal injury lawyers who could help you claim on a No Win No Fee basis.
- Call us 0161 696 9685
- Fill out a contact form to get a callback
- Chat to us using the ‘live support’ option on your screen
Whether you’re ready to start with a claim right now or would just like further advice on any of the topics we’ve discussed, please don’t hesitate to get in touch. We look forward to helping you.
Please see the following links for more information, including some of our alternative personal injury claims guides:
- Our accident at work claims guide
- Our car accident claims guide
- Our toe injury claims guide
- NHS information about a broken toe injury
- Information on how to find NHS services near you
- Citizen’s Advice on what to do if you have an accident at work
Is it possible to walk on a broken metatarsal bone?
As much as the pain allows, you can walk on your broken foot according to professional medical advice from the NHS.
How long does it take for a metatarsal fracture to heal?
Most fractures take 6 weeks to heal on average, but it could be up to 6 months before symptoms disappear completely.
Will I need to wear a boot for my broken foot?
In most cases of a fractured metatarsal injury, you’ll be given a removable boot to wear for support during your recovery period.
Guide by NS
Edited by AS