Can I Claim Compensation If I’ve Stood On A Nail At Work?

Claiming-Compensation-If -Stood-On-A-Nail-At-Work

A Guide To Claiming Compensation If You’ve Stood On A Nail At Work

This guide examines who could make a personal injury claim for compensation if they have stood on a nail at work. Employers owe their employees a duty of care to take reasonable steps in keeping them safe and healthy while they are completing their job. So, we start off this guide by looking at who could be eligible for an accident at work claim for an injury that happens while working. To help with this, we have a section that looks at how an employer could be responsible if you stood on a nail at work that caused you to be injured. 

We also have a section that looks at how compensation is calculated for a personal injury claim. This guide will also examine what evidence you could use to support your accident at work claim. 

Finally, we will outline the benefits of instructing a No Win No Fee solicitor to act on your work injury claim.

We hope this guide answers your personal injury claim questions if you have stood on a nail at work. To check if your case is valid and if you can work with a solicitor on our panel, contact our advisors by:

Browse Our Guide

  1. Can I Claim If I’ve Stood On A Nail At Work?
  2. I’ve Stood On A Nail At Work – Can This Be Caused By Employer Negligence?
  3. How Much Could I Receive From A Work Injury Claim?
  4. What Evidence Do I Need In An Injury Claim?
  5. Use Our Panel Of Solicitors To Make A No Win No Fee Workplace Accident Claim
  6. Learn More About Making A Claim For An Accident At Work

Can I Claim If I’ve Stood On A Nail At Work?

Here we will examine whether you can claim compensation for injuries suffered if you have stood on a nail at work. To make a workplace accident claim, you must prove that your injuries were due to your employer’s negligence. 

Employers must take reasonable steps to keep their employees free from harm. This is a legal requirement in the Health and Safety at Work etc. Act 1974.

The eligibility criteria to prove employer negligence can be found below:

  • Firstly, you must show that your employer owed you a duty of care.
  • Secondly, you must prove that your employer breached their duty of care owed to you. This could be through their acts or omissions.
  • Finally, you must show that your injuries were because your employer breached their duty. 

If you suffered injuries due to employer negligence, get in touch today. Our team of advisors will pass you to a solicitor on our panel if you are eligible.

I’ve Stood On A Nail At Work – Can This Be Caused By Employer Negligence?

It is your employer’s duty of care to take all reasonable steps to keep you safe. However, if your employer breaches their duty, you might injure yourself. In this section, we will discuss ways this could happen.

Firstly, the Management of Health and Safety at Work Regulations 1999 states that a suitable and sufficient risk assessment must be made. If your employer ignores this, they could miss risk hazards such as protruding nails in the flooring at work. Therefore, if you step on a nail, hurting yourself, your employer could be liable if they failed to carry out a risk assessment. 

In workplaces, if risks cannot be removed, then they should be reduced as much as possible, or risks should be adequately controlled. Therefore in workplaces such as construction where protruding nails are a possibility, providing employees with suitable personal protective equipment (PPE), may be seen as necessary. The Personal Protective Equipment at Work Regulations 1992 state the responsibilities employers have for PPE. PPE must also be provided free of charge under section 9 of the HASAWA if it is needed to do a job safely. Failure to provide adequate PPE could mean your employer is liable for any harm this causes. 

If you have stood on a nail at work and were injured, call our team of advisors now to see if you could claim compensation. They will assess the validity of your personal injury claim and may put you in touch with a solicitor on our panel. 

Time Limits When Claiming For Accidents At The Workplace

Generally, If you have stood on a nail at work, under the Limitation Act 1980, you must begin your work injury claim within three years of the date of your accident. However, there are some exceptions to this rule, as detailed below.

If someone lacks the mental capacity to make a claim, a litigation friend would need to be appointed. No time limit would apply unless this person gained the mental capacity to act for themselves. In that instance, the three-year limit would apply when they gained their mental capacity to claim, but only if a litigation friend had not already begun the claim. 

Furthermore, a litigation friend could be appointed for individuals who are injured under the age of 18. They could also wait to claim once they turn 18 and would have three years to initiate proceedings from this date.

How Much Could I Receive From A Work Injury Claim?

A compensation payout for an injury caused by a nail could consist of up to two heads of claim. General damages are the first type that a claimant could be awarded. These compensate you for the pain and suffering you have experienced because of your injury.

Several factors are taken into account when determining the level of compensation to be awarded, including:

  • The severity of your injuries 
  • How your injuries have impacted your life
  • Any loss of enjoyment you may have suffered because of your injuries

To help a solicitor value your injuries, they might use the Judicial College Guidelines (JCG) for assistance. This document outlines compensation brackets for injuries of different types and severities. Furthermore, a solicitor may compare your medical reports with the JCG to assist them with assigning values to your injuries. 

Below is a table of guideline values given to injuries of different types and severities by the JCG. However, since all cases differ, this is to be used only as a guide. 

InjurySeverityCompensationNotes
FootAmputation of Foot£83,960 to £109,650Total loss of foot.
Very Severe£83,960 to £109,650Permanent and severe pain or disability. Potential partial amputation of foot with future risk of full amputation.
Severe£41,970 to £70,030Fractures that substantially restrict mobility and cause permanent pain.
Serious£24,990 to £39,200Permanent pain, with risk of arthritis.
Moderate£13,740 to £24,990 Fractures resulting in deformities to your foot and permanent damage.
ModestUp to £13,740Simple fractures, ligament damage and puncture wounds.

Claiming For Financial Losses In A Workplace Accident Claim

Special damages are the second type of compensation that a claimant could receive. These help you to recover the past and future costs incurred because of your injury, including:

  • Lost earnings
  • Medical expenses
  • Travel fare

To maximise the amount of compensation you could be awarded, you should provide as much evidence as possible, like:

  • Payslips
  • Invoices
  • Receipts

Contact our team of advisors today for a free case assessment. 

What Evidence Do I Need In An Injury Claim?

You should seek medical attention if you have stood on a nail at work. By doing this, you would ensure you get the treatment you require and will be provided with medical records that you could use as evidence.

Other evidence you may gather includes:

  • CCTV footage of the accident
  • Photographs of the accident scene and your injuries 
  • Witness contact details, in the event that a statement is required from them further down the line

Our panel of solicitors could help you build your personal injury claim if valid, so contact our advisors to find out more.

Use Our Panel Of Solicitors To Make A No Win No Fee Workplace Accident Claim

When claiming for an accident at work, consider instructing a solicitor. Although you can make a claim by yourself, the legal process is complex and legal representation can help your case run smoothly. Our panel of solicitors offer their services on a type of No Win No Fee basis, called a ‘Conditional Fee Agreement‘.

This would mean that:

  • You wouldn’t have to pay any upfront fees to instruct a solicitor
  • There would be no costs to pay for the solicitor’s service whilst the case is ongoing
  • If the claim were unsuccessful, you wouldn’t have to pay your solicitor for their service
  • If your claim succeeded, your solicitor would take a legally capped percentage of your compensation as their success fee. 

If you believe you have solid grounds for a work injury claim and want to find out more, contact our team of advisors today by:

Learn More About Making A Claim For An Accident At Work

We hope this article has answered your questions if you have stood on a nail at work and want to claim compensation. To read more of our articles, please look below:

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