Have you suddenly found yourself unable to walk properly because of an accident at work and need to make a broken foot at work claim? Was the accident caused by poor or missing health and safety standards at your job?
Please read on and click on the highlighted text for more information about making a broken foot injury at work claim. If you prefer you can speak to a member of our team for immediate help. They can explain how an expert from our panel of personal injury solicitors could help you today.
- Call us to find out more on 0161 696 9685
- Get in touch via the online ‘contact us’ option
- Or chat through our ‘live support’ portal below
Select A Section
- Who Is Liable For An Accident At Work?
- Can I Claim If A Colleague Caused My Accident?
- Can I Claim If Partially At Fault?
- How Do I Prove Liability For My Broken Foot At Work Claim?
- Broken Foot At Work Claim Settlement Calculator
- Why Choose Advice.co.uk
Liability for accidents caused by negligence in the workplace could fall upon an employer, a site operator, or an owner/occupier of where you work. As a self-employed person, you could also be covered by the health and safety laws that protect all employees. This guide will explain the duties for employers contained in health and safety laws and how you can get a clearer idea about who is liable for your injuries.
Firstly, it’s important to note that not every accident at work can reasonably be blamed on your employer. Under Section 7 of the Health and Safety At Work etc Act, 1974 employees have a duty to protect their own safety (and that of their colleagues) themselves. Also, a personal injury claim cannot be made purely for an accident. It must involve actual physical or psychological harm to you.
But if you can draw a direct link between your injuries and your employer’s failure to remove or reduce health and safety risks as much as reasonably practicable, get in touch with our team.
Colleagues have mutual duties to each other to behave in a safe way at work or the repercussions could fall upon the employer. Under a legal principle known as ‘vicarious liability’ an employer could be held responsible for any negligence by employees that causes injury.
This means that when establishing who is ultimately liable for your broken foot at work claim, even if injuries were caused to you by the actions of a colleague, your employer may end up being liable. It’s important that you can prove there was negligent conduct that breached the duty of care rule, but it could involve:
- A colleague behaving in a reckless or dangerous way at work
- Other colleagues not receiving the right training therefore doing the job incorrectly
- Lack of supervision by a senior colleague (if appropriate)
The short answer is ‘yes’ but evidence will still need to show why the health and safety hazard in question was your employer’s responsibility and that it directly caused your injuries. A claim may not be viable if you were completely at fault for the accident.
For example, if you broke your foot because you were running and tripped, despite clear rules in the workplace not to run, you may not have a claim. If you were running but tripped on an obstacle that should not have been there, then although you are partially at fault a claim is still likely.
Can I Claim If I Caused The Accident?
Again, it depends on the individual circumstances. If you were behaving irresponsibly and hurt yourself, or were the victim in a blameless act that was unfortunate, (but not negligent) the claim would most likely be invalid.
The best thing to do is speak to a member of our team about your specific circumstances. It may that you are still owed a percentage of compensation (split liability personal injury claims) if there was any degree of provable negligence on the part of your employers.
The Health and Safety At Work etc Act 1974 places a duty of care on employers to protect employee safety as much as is reasonably practicable. All employers have certain specific responsibilities to remove or reduce hazards in the workplace, and failure to meet these expectations could make them liable to compensate you in a personal injury claim if you are injured as a result. They must:
- Maintain a safe work environment (as much as realistically possible)
- Train and supervise staff properly
- Provide clear health and safety signs
- Carry out regular risk assessments and act promptly on any issues
How much compensation could you get for a broken foot at work claim? Where do the figures come from in cases like this? Firstly, a medical assessment can be used to see how bad your foot injury is and what prognosis you may have for the future. A personal injury solicitor can arrange an assessment like this with an impartial GP or specialist. The report they submit can be used as evidence.
Next, the injuries you suffered are compared with similar examples in a publication called the Judicial College Guidelines. They try to reflect the pain, suffering, or loss of amenity caused to you, as the excerpt below shows:
|Injury area||Severity||JC Guidelines||Notes|
|Foot||Amputation of both feet (a)||£158,970 to £189,110||Because the injury is similar to below-knee amputation of both legs, there is a loss of useful ankle joint.|
|Foot||Amputation of one foot||£78,800 to £102,890||Similar to a below-knee injury
amputation because of the loss of the ankle joint.
|Foot||Very severe (c)||£78,800 to £102,890||In order to qualify for this bracket, the injury must cause
pain that is permanent and severe with risk of full amputation
|Foot||Severe (d)||£39,390 to £65,710||Fractures of both heels or feet that are significant with a permanent restriction of mobility.|
|Foot||Serious (e)||£23,460 to £36,790||Traumatic injury leading to ongoing pain, the risk of developing arthritis. Possible need of fusion surgery.|
|Foot||Moderate (f)||£12,900 to £23,460||Metatarsal fractures causing deformity and continued symptoms|
|Foot||Modest (g)||Up to £12,900||Puncture wounds, ligament damage, simple fractures from which full recovery is possible|
|Toe||Severe (c)||£12,900 to £29,770||Crush injuries, amputation of some toes but not the great toe|
|Toe||Serious (d)||£9,010 to £12,900||Damage to great toe, or multiple fractures of two or more toes|
These amounts are merely intended to be guideline compensation brackets representing ‘general damages’.
In addition to general damages, you may be able to claim back any money spent dealing with life after the accident. With this in mind, it’s important to retain all the invoices or bills you have that show costs forced on you by the injuries. With the supporting documentation, special damages could include:
- Proof of loss of earnings
- Childcare provision
- Travel expenses to and from the hospital, work, or other essential journeys
- Work injury medical expenses for procedures not freely available on the NHS (scar treatment or physiotherapy perhaps)
- Impact on your pension contributions or attendance bonus
- Help at home to wash, clean, or shop
You could include all these expenses under special damages if you have proof. Speak with our team to see what other costs you might be eligible for or use our ‘fractured bone compensation calculator’.
It’s important to point out that it is not a legal requirement to have a solicitor for your broken foot at work claim. However, their expertise in these matters could help you get the fullest amount of compensation owed to you. With this in mind, if you are interested in working with a personal injury compensation lawyer, at Advice.co.uk we could connect you with an expert No Win No Fee solicitor.
Legal arrangements like No Win No Fee provide numerous advantages to people considering legal action. For example:
- A No Win No Fee solicitor asks for no payment upfront
- They require no fees as the case progresses
- Should the case fail for some reason, there is nothing to pay a No Win No Fee solicitor at all
- A successful case means that a maximum 25% fee becomes due from your settlement to cover their fees.
In addition to all this, you can benefit from clarity and support throughout your claim. With this in mind, why not learn more about how a No Win No Fee agreement could help you today by:
- Giving our team a call on 0161 696 9685
- Getting in touch via the online ‘contact us’ option
- Or, as well as this, you can chat right now through our ‘live support’ portal, bottom right
Broken Foot At Work Accident Claim Resources
Below are further resources to assist your broken foot at work claim and other supporting information too, such as:
- More information on compensation payouts for a broken foot
- Advice on compensation for a burned foot injury
- FAQ’S on foot injuries caused by a lack of work safety boots
- In addition, advice from the NHS about treating a foot pain or injury
- Also advice on preventing slips or trips in the workplace
- Details about correct footwear at work too.