Have you suffered a clavicle injury that wasn’t your fault? Are you considering making a collarbone fracture claim?
This guide intends to provide information to those who have suffered a fractured collarbone in an injury caused by another party. If you have been injured because a third party that owed you a duty of care has failed to protect your safety, you could be eligible to claim compensation.
In many areas of our life, we are owed a duty of care. When we are at work, on the roads or in a public place, a third party should reasonably protect our health, safety and wellbeing. In this guide, we look at who owes you that duty of care, which laws protect you and what you could do if someone breaches their duty of care, causing your injuries.
If at any point you’d like to speak to our team, they are available on 0161 696 9685 for a no-obligation chat to go through the details of your particular case. You can also write to us at Advice.co.uk and our advisors can get back to you at a convenient time for you. They are available 24/7 and offer free legal advice whenever you’re ready.
Select a Section
- A Guide To Claiming Compensation For A Collarbone Fracture Injury
- What Is A Clavicle Injury?
- Make A Collarbone Fracture Claim For An Injury At Work?
- Collarbone Fracture Claim For An Injury In A Public Place
- Make Collarbone Fracture Claims After A Road Traffic Accident?
- Rundown Of How Personal Injury Compensation Is Calculated
- What Are Special Damages?
- Case Study: £22,000 Collarbone Fracture Claim
- Your Case Deserves Free Legal Advice
- Explanation Of How No Win No Fee Claims Work
- Get Free Legal Advice From Our Helpful Team
- More Resources And Guides On Collarbone Fracture Claims
- Collarbone Fracture Claim FAQs
Firstly, there are three important points to get clear at the start of your collarbone fracture claim and we explain in detail how to understand them:
- Who had the legal duty of care to protect my safety that day?
- Did they breach that duty?
- Did I suffer my injury as a result?
We also provide a case study that describes the personal injury claims process in this guide. And we include a calculation table that shows how the figure of £22,000 was reached for a collarbone fracture claim.
Importantly, you can’t start negligence claims against anyone for just having an accident. You need to have sustained injuries. Also, the accident must not have been your fault, or at least only partially your fault. These are vital points to get clear as they might be the first thing the defendant tries to dispute.
We explain the laws that are designed to safeguard us in:
- The workplace
- Anywhere accessible to the public
- Road traffic accidents (RTA)
There is an applied duty of care in these three areas of typical activity. Therefore, a breach of that duty that results in your injuries exposes the other party to negligence claims. That means you could win compensation from them. We explain how a No Win No Fee service can help and at the conclusion of this article, show you how to get in touch.
The clavicle or collarbone is a slender bone that runs across your chest just below your neck. Fractured clavicles are fairly common injuries, but can be very painful. A fairly delicate bone, it is easily fractured by any blow to the shoulder or front of the torso and can also be the result of a fall or push.
When the clavicle bone fractures, it needs to be kept as motionless as possible to prevent further damage to the bone or ligaments. A searing, burning pain, it could result in raised temperature, nausea, and fainting. The NHS gives further information to diagnose and treat a broken collarbone.
You could make a claim if you endure injuries in an accident at work that wasn’t your fault. Suing your employer is a serious step, but in Britain, every employer is required to carry insurance for eventualities like this. If your claim is successful, your compensation should be covered by this insurance.
What Is An Employer’s Duty Of Care?
We are protected in the workplace by the Health and Safety at Work etc. Act 1974. It obliges all employers to follow certain rules to keep us free from hazards during our working day, such as by:
- Providing a safe place of employment.
- Conferring with safety representatives and conducting regular risk assessments.
- Making sure that all procedures are safe (for example, transportation, storage, use, and a clear understanding of how all materials should be handled).
- Providing proper training and supervision.
- Being aware of the safety of any visitors or members of the public who may access the work environment.
How Can My Employer Breach Their Duty Of Care?
Simply, if any of these recommendations were missing or impaired and it caused an accident in which you were hurt, you could sue. So what kind of things can compromise your safety at work?
- Cleaning and housekeeping done poorly or without clear indication can cause slips, trips and bad falls.
- Awkwardly stored stock or heavy materials can fall on you.
- Blocked exits or access can create needless injury.
- Workplace violence and the risk of assault.
- Badly maintained machinery or inappropriate tools can cause an accident.
- Any act you are asked to perform that does not take into account health and safety procedures.
- Exposure to toxic materials without proper PPE provided.
- Missing guardrails etc.
- Extremes of hot and cold.
- Repetitive physical tasks without breaks.
- Falls from heights or badly lit areas causing trips downstairs.
It’s important to note that this list is not exhaustive. There could be many other examples and your case might be one of them. During 2019/20, over 690,000 people were injured in the workplace, some of them so seriously they needed to report it through the RIDDOR system. 111 people lost their lives at work. A workplace injury can be serious and not uncommon. If you were a victim, speak to our team today.
For negligence cases against your employer, you do not need to have legal representation. You can start one on your own if you wish. But a No Win No Fee service can cut through the legalese and offer the speed and expertise you may need to really increase the potential settlement you could receive. Speak to our team today for more information.
The law tries to protect us in public places too. The Occupiers’ Liability Act 1957 is a similar law to the Health and Safety at Work etc. Act 1974 in that it applies a duty of care to whoever is in control of an area accessible to the public. Whether it’s the local authority, a private vendor, or a company operating premises, they are all expected to comply and take reasonable measures to protect your safety.
The Duty Of Care Of Those In Control Of Public Spaces
Controllers should ensure, as far as is reasonable, that their premises are safe. They can do this by ensuring:
- All visitors, passersby, and members of the public are having their safety considered.
- Any hazards are reasonably kept to a minimum.
Other things to note:
- Premises can mean any area, including open land.
- If appropriate, the occupier should have clear ‘private property’ signs or warnings.
In short, anyone in control (or even partial control) of an area that you can access has a duty to protect your wellbeing. Infringements of the legislation can easily create a hazardous area so it’s important that the occupier acknowledges not just the letter of the law, but the spirit in which the law should be practised.
How Can This Duty Be Breached?
Whilst out and about, it can be a useful exercise to see if you can spot any places or procedures that are creating a health and safety hazard. After your accident, you may now notice them everywhere. Some common examples include:
- Unmarked stairs or slopes in libraries or municipal buildings.
- Sharp-edged shelving or visual displays in shops.
- Unclear fire exits or fire doors not clearly marked in clubs and bars.
- Overcrowding or poor crowd control procedures at sports grounds.
- Poorly run security procedures in retail parks.
- Bad hygiene and housekeeping standards in restaurants.
- Any local authority-run area like streets, roads, parks, and beaches that have broken pavements, hazardous litter, or other issues liable to cause accidents.
When you speak to our team, our advisors can help assess your case and offer free legal advice on how you could proceed. If your accident happened in a location and you’re not sure who is liable, they can advise. There is a three-year time limit to launching personal injury claims so don’t delay. Speak to us now about your collarbone fracture claim.
The third area of liability that our panel of lawyers has expertise in is road traffic accidents. Here too, there is a duty of care. The Highway Code asks all motorists, cyclists, and pedestrians to consider the safety of others as they use the roads.
Duty Of Care Of Road Users
Motorists and motorcyclists must:
- Have a valid licence
- Be the minimum driving or riding age
- Be registered with the DVLA
- Have tax, MOT, and a road-worthy vehicle
Other expectations may seem more obvious such as not driving whilst intoxicated or not driving recklessly and displaying due diligence and care when driving. In what other ways can this duty of care be breached on the roads?
How Can A Road User Breach Their Duty Of Care?
We are perhaps all familiar with examples of high-risk driving and these statistics give an insight into the consequences of those actions:
- During 2019, there were 25,945 reported serious injuries in road traffic accidents.
- 153,158 casualties of all severities were recorded.
- 1,752 reported deaths occurred.
Reckless driving, driving whilst under the influence, speeding, overtaking, jumping lights—all of these things could create an impact with your vehicle and result in collarbone damage. If this has happened, you can hold that driver to account and seek damages for your pain, suffering, and financial loss.
If your accident happened with an uninsured or untraceable driver, the Motor Insurers’ Bureau (MIB) exists to help you claim some form of remuneration and they seek it back from the errant driver. Speak to our team for further guidance.
Don’t be a helpless victim to the casual disregard of another driver. Hold them to account.
- Have you suffered an injury because of a breach of the duty of care?
- Have you identified who was responsible for that duty?
- Do you have any helpful evidence like witness contact details or CCTV footage in your possession?
What next? Our advisors can introduce you to a No Win No Fee lawyer who can build a case for compensation with you. It’s not necessary for you to use a lawyer, but if you do, they can arrange for you to have a medical assessment. This enables you to prove that the injuries you sustained were not pre-existing conditions. (If they were pre-existing conditions, so long they were exacerbated by the accident, you could still claim.) The lawyer would then calculate the two heads of claim that attempt to compensate you for your loss.
General damages try to compensate you for:
- Pain and suffering caused
- Mental anguish and mental health impact
- Loss of amenity and pleasure in former activities
It’s difficult to accurately gauge things like this as everyone has a different threshold of such matters. With this in mind, your lawyer will refer to the Judicial College which offers guidelines about injury compensation amounts drawn from past cases.
This enables a figure to be reached that is equitable and consistent with other people who have endured similar injuries to yours.
Special damages address the other important and common type of loss in personal injury accidents which can be financial damage. Anyone who has found themselves a victim of a sudden injury may find that life grinds to an immediate halt. But the costs don’t.
Basic tasks can be suddenly impossible and as you struggle to cope the costs can spiral. Special damages aim to return these financial losses back to you from the defendant. If you choose to use a No Win No Fee lawyer, they should show you how you could collect the receipts, bills, and records of all unforeseen and unwanted amounts caused by your injury, such as:
- Care costs for anyone you had to pay to help you shop, cook or clean, etc.
- Loss of earnings and future earning potential
- All costs of travel to and from the hospital
- Private rehabilitation and physiotherapy costs to cope with healing issues
- Impacted pension contributions
- Lost deposits for future planned and cancelled events
- Pet care and gardening
- Any other cost that you can directly prove was the result of your injuries
Obviously, there may be others that are particular to your circumstances. Rather than trusting online personal injury calculators, when you speak to a professional No Win No Fee lawyer they are able to listen carefully to every aspect of your case and interpret that into potential settlement amounts in your collarbone fracture claim.
Miss Taylor didn’t even know who would be responsible for the duty of care in her accident. She was walking along her local high street and passed underneath some scaffolding outside a shop. As she passed through, a metal scaffolding bar slipped and landed on her chest, impacting her collar bone and breaking it immediately.
After the shock and trauma of an accident that could have been far worse had it struck her head, she became understandably angry. She spoke to a No Win No Fee lawyer after thinking about what happened and together they agreed that she had a strong case for a public liability claim against the construction company for not properly maintaining their scaffolding.
Her lawyer was able to clarify who was responsible, how they breached their duty, and accurately valued what she could receive in her collarbone fracture claim. As experts in broken clavicle settlements, they were able to incorporate all her losses and present them as evidence against the defendant.
She was ultimately awarded £22,000 when the defendant admitted liability and she was able to repair the damage, both physically and financially caused by their negligence.
Her properly calculated compensation looked like this:
|The JCG recommend that a fractured collarbone could be awarded £4,830 to £11,490. This takes into account residual symptoms, level of disability and if the injury is temporary or permanent.
|interim private care for her dependent, elderly mother
|loss of earnings
|travel costs to hospital visits
|loss of work attendance bonus
|medications and painkillers
|damage to clothing and personal items: broken phone and blood stained clothing
Our case is purely an example. It’s drawn from past experience handling similar incidents and is being used for demonstrative purposes.
It’s important to note that compensation payouts are never absolutely certain or guaranteed. Each case would be judged on individual circumstances and this is why you may choose to have a lawyer personally acting on your behalf.
Our panel of personal injury solicitors is committed to winning you the highest compensation possible. One way to properly achieve this is to speak to our friendly team and let them guide you through the process. As you explain what happened that day they will be able to respond to every detail and calculate the best potential award for you. Our service is designed to make it as hassle-free and easy for you as possible.
No Win No Fees are commonly heard of these days but perhaps you don’t precisely understand how they work. Originally designed to help claimants afford the services of a solicitor, they have many other benefits:
- As well as no upfront fees to the lawyer, there are no fees to pay as the case proceeds.
- If your case does not win, there are no solicitor fees to pay at all.
- Successful cases mean you only need to pay a small sum to your lawyers.
- This fee is low and kept low by law to be as fair to you as possible.
- You only need to pay this fee when you’ve received the full payout.
- All through your case you receive expert advice and support.
All these advantages make No Win No Fee the natural choice for many. When you speak to our team they will run through a quick, informal assessment of your circumstances. There’s no obligation to proceed and no charge for this service. It’s simply designed to give you a proper evaluation of how much your claim could be worth.
In conclusion, we hope that this article has:
- Helped in your decision on whether to launch a negligence case
- Explained how duty of care supports you
- Given you the confidence to proceed
We recommend that you get in touch today. You can:
- Call us on 0161 696 9685
- Write to us at Advice.co.uk
- Speak to Natalie through our live support option, bottom right
Throughout this article, we’ve provided links that can take you to further reading on the subjects we’ve discussed. Below are some more links which we hope can support your interest in starting a personal injury claim with us today.
For an overview of the service we provide, please read our Advice homepage.
We also have further advice and support about starting a claim for an accident at work.
Interested in car accident claims? Read our guide.
For detailed information about clavicle injury and treatment, please refer to the NHS.
The Health and Safety Executive offers more details about workplace injuries and statistics.
You can also find further guidance on the cost of paying for your own self-care by the NHS.
How long can it take for a broken collarbone to heal and could I carry on working?
It can take 6 to 8 weeks for a collarbone/clavicle bone to heal. It’s unlikely that you would be able to do manual work for some of this period, as the bone plays a vital part in upper limb movement.
Can the collarbone heal perfectly?
It’s possible for the clavicle to heal very well. The bone has a thicker periosteum or layer of outer bone and often the body can rectify fractures fully here.
What’s the fastest way to heal a collarbone injury?
Always seek medical attention. A medical professional may recommend that you use the following to aid healing:
- A splint to limit movement.
- A sling for your arm.
- Anti-inflammatory painkillers, like aspirin or ibuprofen to reduce swelling and pain.
- Gentle strengthening exercises.
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Published by HE