Can I claim for a broken bone at work? Do you want to know if you could claim compensation for a fracture or break that happened in the workplace? Then this guide should be of help. Within it, we cover the basics of how such a claim could come about, and how to start one.
Your claim will be based on its own unique circumstances. Meaning it is somewhat unique. So you might have questions we have not answered. However, by calling 0161 696 9685, you can have a member of our claims team address your questions. You can also ask for a callback by using the site’s contact form.
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- What Is A Broken Bone At Work Injury?
- What Work-Related Accidents Could Cause A Broken Bone?
- Am I Eligible To Make A Broken Bone At Work Claim?
- Is There A Time Limit To Claim For A Broken Bone At Work?
- How Much Could You Claim For A Broken Or Fractured Bone?
- Could I Make A No Win No Fee Broken Bone At Work Claim?
What Is A Broken Bone At Work Injury?
Even though we are protected by law when we are at work, intended to keep us safe from harm, accidents can still happen. Workplace accidents can range in severity from fatal, to trivial. Causing injuries from simple cuts and bruises to brain damage. Or in the case of this guide, a bone fracture or break. If you have suffered a broken bone at work, this guide will help you decide whether a claim could be appropriate. It will also give you the basics of starting such a claim.
Relevant Laws & Regulations
When you are at work, your employer has to take reasonable steps in securing your safety. No workplace is 100% safe and accidents can happen even when health and safety procedures are all implemented.
Employers must comply with health and safety legislation. We have listed some of the main ones below:
- Health and Safety at Work etc. Act 1974
- The Personal Protective Equipment at Work Regulations 1992
- The Manual Handling Operations Regulations 1992
Are Broken And Fractured Bone Injuries The Same?
Yes, a break and a fracture are the same kinds of injuries. If you suffer a broken femur or a broken tibia, it could also be referred to as a fracture. In effect, the two terms are interchangeable. So a broken bone is the same as a fractured bone. Be it a broken arm, a broken wrist, or whatever.
What Work-Related Accidents Could Cause A Broken Bone?
There are many types of accidents at work that could cause a broken bone. Below, we have listed some of the types of accidents a lawyer might be able to help you to claim for.
- A fractured bone caused by a slip, trip or fall because a wet floor was not signposted
- Falling from a height causes a bone fracture due to a defective ladder
- Being struck by moving machinery causing a fractured bone because the operator was untrained.
- A bone is broken due to an assault you faced at work.
Work-Related Accident Statistics
Fractures are generally, a more serious type of injury that you might sustain at work. The table below was made using data from the Health & Safety Executive.
Different ways accidents at work can be reported include: employers report serious injuries through The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 and employees self report to the Labour Force Survey.
The figures in the table that look at injuries which caused a 7-day absence from work are taken from the Labour Force Survey figures.
Source: RIDDOR 2020/21, Labour Force Survey, annual average 2018/19-2020/21
We listed some of the regulations your employer may have to comply with earlier in this guide. There are different safety laws depending on what industry you work in. Compliance is mandatory. A failure to comply with applicable regulations can result in your employer being liable when injuries to workers result.
This means that your employer has a duty of care to ensure that the work environment is safe from avoidable hazards. If this duty of care is not met, it could mean you are at risk of harm. And when this risk results in an injury such as a broken bone at work, a personal injury solicitor might be able to help you claim compensation.
Is There A Time Limit To Claim For A Broken Bone At Work?
There will be a time limit that you must start your broken bone at work claim within. It won’t matter how long it takes to process the claim, as long as it is begun within this time limit.
Under the Limitation Act 1980, there is a general time limit to start a claim of three years from the date of knowledge. However, other factors can come into play. For example, a person under the age of 18 cannot make a claim for themselves, as they are still considered a minor. Therefore, the time limit for them, will be three years from their 18th birthday. Call and ask our advisors which time limit is going to apply in your case.
How Much Could You Claim For A Broken Or Fractured Bone?
We cannot come up with an average compensation amount for a broken bone at work. All claims are different. Claims are calculated using two Heads of Loss. The table we have provided below looks specifically at general damages. It shows ranges of amount brackets for different fracture type injuries. We based this table on information taken from the Judicial College guidelines. These are used by the legal system when evaluating claims.
|Finger||Severe Fractures||Up to £34,480||Severe fractures that could result in the need for amputation, or leave the function or form of the finger impaired.|
|Finger||Fractured Index Finger||£8,550 to £11,480||Where the fracture healed rapidly, but the sufferer has been left with impaired function of the finger. There may also be pain.|
|Neck||Severe (ii)||£61,710 to £122,860||Severe neck injuries. Such as fractures of the cervical spine. These injuries could result in a disability.|
|Neck||Severe (iii)||£42,680 to £52,540||Severe neck injuries such as fractures, that can lead to a chronic condition. There may also be some ongoing disability. The level of compensation is driven by the length of time the most serious symptoms last.|
|Shoulder||Serious||£11,980 to £18,020||A serious shoulder fracture, such as a fractured humerus. This would result in the movement of the shoulder being impaired, possibly permanently.|
|Pelvis & Hips||Severe (i)||£73,580 to £122,860||Severe fractures of the pelvis. There could also be problems such as the dislocation of a lower back joint. There may be a significant ongoing disability.|
|(b) Severe Leg Injuries||Serious||£36,790 to £51,460||Serious leg injuries such as comminuted or compound fractures. These would result in a long-term injury, that would likely leave the leg weakened.|
|(b) Severe Leg Injuries||Moderate||£26,050 to £36,790||Moderate leg injuries. For example, multiple fractures that have been caused by a crush injury. The level of harm and disability the sufferer has or will face will drive the compensation.|
|Ankle||Moderate||up to £24,950||Moderate ankle injuries such as fractures. There may be some disability in the form of difficulties walking on ground that is not even. Or when forced to stand for long periods.|
What Are Special Damages?
In the table above, we listed possible ranges of general damages. General damages pertain to the pain, suffering and trauma you faced. It could also be possible for you to attempt to claim special damages as part of your claim for an accident at work.
Special damages are paid to compensate you for monetary loss. Either ones you already faced, or ones you are going to face in the future. Documented evidence of these losses must be provided. For example, if your broken leg time off work was not paid for, you might be able to claim for it.
Could I Make A No Win No Fee Broken Bone At Work Claim?
A No Win No Fee solicitor might be able to process your claim for you. Under a No Win No Fee agreement you don’t pay your lawyer until the claim has been won. If you want to know more about making a No Win No Fee claim for a broken bone at work, call our advisors. They will tell you how to claim and what your rights are. They can be contacted using the info below.
Telephone: 0161 696 9685
Webchat and contact form
Broken And Fractured Bone Claim Resources
Page by CR
Published by AL.