This online guide will look at the process of claiming compensation for an Achilles tendon injury. Sustaining an injury to your Achilles tendon can have a real impact on your quality of life. The recovery process can be inconvenient and painful, and serious injuries could cause you some long term effects.
If your injury to your Achilles tendon was the fault of a third party then you might be entitled to make a claim for compensation. This is true whether your accident happened at work, in public or while on the road.
In the guide below, we’ll talk you through the process of claiming the compensation you deserve. To benefit from our free legal advice, get in touch with our personal injury claims team. You can do this by chatting to us at the bottom right of this screen, calling 0161 696 9685 or filling out our online form.
Select a Section
- A Guide To Claiming Compensation For An Achilles Tendon Injury
- What Is An Achilles Tendon Injury?
- How Can You Suffer An Achilles Tendon Injury At Work?
- Achilles Tendon Injury In A Public Place
- Can A Road Traffic Accident Cause An Achilles Tendon Injury?
- Personal Injury Compensation Calculations From Our Experts
- What Are Special Damages?
- Case Study: £17,000 For An Achilles Tendon Injury
- Discuss Free Legal Advice With Our Team
- Find Out What You Should Know About No Win No Fee
- Your Specialist Free Legal Advice Is Waiting
- More Resources And Guides On Achilles Tendon Injuries
- Achilles Tendon Injury FAQs
When you’ve suffered from an injury to your Achilles tendon that wasn’t your fault, it can seem unfair that you have to take on the costs of getting better yourself. Our article below will guide you in claiming the compensation you may be entitled to.
A better understanding of your injury and the long term effects associated with it are important in pursuing a compensation payout for an Achilles tendon injury. This article will take a closer look at your Achilles tendon injury and what treatment and recovery could look like for you.
When you seek compensation, your claim will cover two different kinds of damages. These are special damages and general damages. We’ll look in detail at what kinds of things can be included in each of these and how to get the amount of compensation you might be entitled to.
An important part of making a claim following an accident that wasn’t your fault is proving that someone else neglected their duty of care. Below, we’ll take a look at who has a duty of care to you in different circumstances. You’ll also be shown how to spot when this duty has been breached.
The Achilles tendon attaches your calf muscle to your calcaneus, or heel bone. It’s the largest tendon in your body, and it’s required for running as it enables your foot to point downwards.
A tear to the Achilles tendon will usually cause you to feel a sharp pain in your heel or calf. It’s usually caused by an accident where your foot is forced fully upwards, causing the tendon to snap. You might notice that you have difficulty walking.
You might need an ultrasound on your heel or calf for your doctor to tell exactly where the tear is. However, they’re usually able to diagnose a torn Achilles tendon from your symptoms alone. If the tendon is completely torn, then they may be able to feel a gap in your heel.
There are generally two treatment options. One surgical and one conservative. The conservative non-surgical one means putting the leg in a brace. Eventually, your foot will be held in a normal position.
Surgery might be required on your Achilles tendon tear, especially if you didn’t seek medical attention right away. Because of this, it’s really important that you get medical advice as soon as you can if you think your Achilles tendon has been damaged.
You’ll probably need to take some time off work as your injury heals, particularly if your job involves you being on your feet. An Achilles tendon rupture will usually take 12-16 weeks to fully heal, and you may need physiotherapy afterwards to increase the strength in your lower leg.
We rarely anticipate being injured in an accident. And when we’re at work, we’d like to think that we’re free from the risk of injury and harm.
Slips, trips and falls pose a big risk of injury in the workplace, and being injured in such a way can have a big impact on your ability to work.
Slipping and tripping pose a big risk of injury to the Achilles tendon, particularly if you’ve fallen on a ladder or some stairs and your foot’s been forced upwards as a result. If you’ve been involved in a slip or trip in the workplace because of someone else’s negligence, then you might be entitled to make a claim for compensation.
The Employer’s Liability Act 1969 means your employer has to have insurance for any accident claims made in the workplace. So you needn’t worry about your employer being left out of pocket when you claim the compensation you deserve.
What Is An Employer’s Duty Of Care?
The Health and Safety At Work etc Act 1974 outlines what you can expect your employer to do to keep you and your colleagues safe while you work. These obligations make up your employer’s duty of care to you.
An employer may do the following to provide a safe work environment for their workforce;
- Make sure that you and your colleagues are trained to do your job safely
- Maintain any equipment you need to do your job and make sure it’s safe for you to use
- Ensure good housekeeping, like making sure spills are cleaned up and walkways aren’t blocked
- Undertake risk assessments regularly so that any risks in the workplace are minimised or removed
How Can My Employer Breach Their Duty Of Care?
When you’re injured in work because of employer negligence, this constitutes a breach of duty. In these circumstances, you could be entitled to make a workplace injury claim.
If you’ve been involved in a slip or trip at work, then this could be put down to a simple accident. But if the slip or trip was caused by unsafe conditions, like a spill that wasn’t cleared up or a faulty ladder, this could be a breach of duty by your employer. This could mean you may be able to make a claim for your accident at work.
When you’re involved in an accident at work, you should report it in your workplace’s accident book as soon as possible. It might also help your claim to get photos of the cause of the accident.
If you’d like free legal advice on making a claim for an Achilles tendon injury at work compensation, then get in touch with our team today.
Accidents in a public place can have lasting repercussions, especially if you injure your Achilles tendon as a result. Sometimes, it’s not immediately clear who has a duty of care to you while you’re in a public place.
The person responsible for making sure that a public place is fit to use will differ depending on the kind of space it is. For example, a business owner might be responsible for ensuring safety in a shop or restaurant, where a beach or public park would be controlled by the local council.
The Duty Of Care Of Those In Control Of Public Spaces
“Occupier” is the term used for someone in control of a public place who has a duty of care to members of the public. Their responsibilities are outlined in the Occupier’s Liability Act 1957.
The occupier is someone who should reasonably be able to spot the risk of harm to members of the public. They should also be in a position to take steps to remove the risk.
How Can This Duty Be Breached?
There are lots of ways that a breach in the duty of care in public could result in you injuring your Achilles tendon. We’ve mentioned that an Achilles tendon tear is most likely to be caused by your foot being forced upwards, so it makes sense that slips and trips in public are likely to result in this kind of injury.
The occupier of a space might be in breach of their duty to you if there’s an issue with the floor that causes you to fall. This includes damage to the floor, like a covering that’s come loose or a hole in a tile that causes you to trip. It could also be caused by a spill that wasn’t cleaned up or signposted.
You may have suffered from a sports Achilles tendon injury after using a playing field that wasn’t suitable to be used. Maybe the field wasn’t smooth enough to be played on safely, and you’ve tripped and torn your Achilles heel as a result. In this case, you might be entitled to make a claim against the person in control of the sports field.
It’s also the responsibility of the occupier to make sure that any equipment you use doesn’t pose a risk to you if used properly. If you were to damage your Achilles tendon on a faulty piece of gym equipment, then this might be grounds for you to claim for an Achilles tendon injury.
When we think of injuries sustained in road traffic accidents, we often think of whiplash and minor bruising. But road traffic accidents can cause you to rupture your Achilles tendon.
Being involved in a head-on collision, or a side-impact accident where the impact was focused on the front of your car, could easily force your foot into a position where the Achilles tendon is injured.
Vulnerable road users is the term used to describe motorcyclists, cyclists and pedestrians as they’re more likely to be injured in a road traffic accident. In 2019, 8,503 vulnerable road users were killed or seriously injured in road traffic accidents.
Duty Of Care Of Road Users
The Highway Code tells us that all road users have a duty of care to one another to ensure everyone’s safety.
The Highway Code has sections for cyclists, motorcyclists and pedestrians as well as drivers. This means all road users should know how to act on the road in a safe manner.
How Can A Road User Breach Their Duty Of Care?
The Highway Code outlines everything that a road user is expected to do to keep the roads safe. One thing that we can all do to reduce the risk of accidents is to pay proper attention to the road.
In 2019, 39% of accidents with a contributory factor were caused at least in part by a driver failing to look properly, with a further 21% impacted by a driver’s failure to judge someone else’s path or speed. Failure to pay attention to the road could lead to an accident in which your Achilles tendon is torn.
When you make a claim for personal injury compensation, there are two kinds of damages that are included. General damages is the amount that you’ll be paid for the pain, distress and suffering that you’ve suffered as a result of your injuries.
General damages will depend on the type and severity of your injuries. The amount they’re worth may be valued using the Judicial College Guidelines. These guidelines also take into consideration any long term effects that you might suffer from because of your injuries.
It’s because of this that you’ll be invited to a medical assessment when you choose to make a claim. It’ll give the doctor a chance to look at what recovery might look like for you in the long term, which can affect your settlement amount.
The special damages head of your claim will cover anything you’ve had to pay because of your injuries. This could include medication, treatment and loss of earnings if your injuries keep you off work. It’ll also compensate you for any changes you might need to make to your home, like handrails or a stairlift.
It’s really important that you keep receipts for anything you’ve had to pay for.
Simon, a 26-year-old call centre operator, was walking to work one morning. As he passed over a manhole, the cover came loose and caused him to fall. His toes were forced upwards and he felt a sharp, shooting pain up his calf.
A shopkeeper came out to check that Simon was alright and drove him to the hospital. Before they left, Simon took some photographs of the defective manhole cover.
The doctor was able to confirm that Simon’s Achilles tendon had been partially ruptured. Because Simon was a keen runner, it was suggested that he undergo surgery to repair the damage. This would help prevent his Achilles tendon from rupturing again in the future.
Under general anaesthetic, a small incision was made at the top of Simon’s calf. The ruptured section of the tendon was then stitched together using strong sutures.
Aftermath Of The Accident
Simon decided to seek legal advice regarding his accident and injuries. He decided to make a claim for compensation.
Simon took time off work. He was still in his walking boot until 12 weeks after his surgery. Because of this, he wasn’t able to drive in the 3 months following his surgery. After the boot was removed, he still had stiffness in his ankle and some scarring above his heel.
Simon was given a course of physiotherapy through the NHS.
Simon had a dog who he was unable to walk while he was using crutches. He had a large garden that the dog was able to exercise in daily. However, he also paid a dog walker to take her out each week.
Simon had paid a £50 entry fee to run a marathon the week after his accident, which he was no longer able to do. In addition, he found that even when he’d recovered from his surgery, running caused him some pain in his affected ankle.
|Types of Special Damages
|Taxis to and from hospital and physiotherapy appointments
|Painkillers, physiotherapy course
|Loss of earnings for 4 weeks off work, loss of marathon fee
We can see from the table above that Simon was left £2,260 out of pocket. When this is added to the general damages, we can see that the claim was settled for £22,030.
Simon’s case is just an example for your benefit. It takes the shape from past cases and illustrates how cases and claims are valued.
Suffering from an Achilles tendon injury might lead you to search online for things like “compensation payout for Achilles tendon injury”. Often, this will bring up personal injury compensation calculators. But without collecting more information from you about your case, these websites aren’t able to provide you with an accurate valuation of your claim.
By getting in touch with our team, you’re able to give our knowledgeable advisers the information they need to help you. You could be connected with our expert panel of personal injury solicitors.
For free legal advice and to speak to someone about making a claim, get in touch with our team today.
As we’ve already seen, recovering from an accident that wasn’t your fault can be expensive. No Win No Fee agreements mean that
- You won’t be asked to pay a penny to your solicitor before you begin your claim
- If your claim isn’t successful, your solicitor won’t ask you to cover their costs
- Solicitors costs in the event of a successful claim will be covered by a legally capped success fee, which is taken out of your compensation amount.
For free legal advice, or to chat with someone today about starting a No Win No Fee claim, get in touch with our team today.
If you’d like free legal advice around making a claim for an Achilles tendon injury, you can get in touch by
- Calling us on 0161 696 9685
- Writing to us via our online form
- Chatting to us at the bottom right of this screen
- Finding a physiotherapist in the UK
- Claiming compensation for a sprained ankle
- When should I call 111?
- Making a claim when you’ve slipped on the pavement
- Employment Rights Act 1996
- Employment law explained
How long does it take an Achilles tendon to heal?
You’ll most likely be in a walking boot or cast for six to twelve weeks after your injury. It can take several months before you regain full use of your ankle.
Can you still walk with an Achilles tendon injury?
Your doctor will advise on the type of activities you can do.
What helps tendons heal faster?
Your doctor will recommend that you wear a boot or cast as your tendon heals.
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Published by AL.