Proving Your Ankle Injury At Work Claim

By Cat Grayson. Last Updated 13th July 2023. If you’ve suffered an ankle injury at work, you will need to prove that you suffered your injury due to your employer breaching their duty of care to be eligible to make a personal injury claim.

Within this guide, we will discuss the duty of care all employers owe their employees and the personal injury claims eligibility criteria. We’ll also discuss ankle injury at work compensation. There are two heads of claim that you could pursue in an ankle injury at work claim; we’ll explain these two heads, and how legal professionals value each one.

Finally, we will explain how a No Win No Fee solicitor could benefit your claim. Our panel of solicitors are widely experienced in accident at work claims and take cases on from all over the country. Read on to learn more, or get in touch with our team of advisors to find out how they could help you:

Proving your ankle injury at work claim guide

Proving your ankle injury at work claim guide

Select A Section

  1. What Evidence Do I Need To Claim For A Workplace Injury?
  2. What Documents Do You Need To Start An Ankle Injury At Work Claim?
  3. Proof Of Injury
  4. Proof Of Liability For An Ankle Injury At Work Claim
  5. How Much Compensation For An Ankle Injury At Work Claim
  6. Ankle Injury Claims With A No Win No Fee Solicitor

What Evidence Do I Need To Claim For A Workplace Injury?

What is a workplace ankle injury, how might they happen and is anyone liable? Are all questions we hope to answer as we go through this article.

While at work employees and those who are in the working environment are owed a duty of care by the employer. Generally, a claim may only be valid against the employer if you can prove that they have been negligent or another employee had not adhered to health and safety and caused your injury.

A claim cannot be made just for an accident, there needs to be evidence of injury. Also, not every employee who is injured in the workplace will qualify for workplace compensation. You must be able to show how negligence caused your injury.

Therefore, when thinking about starting an ankle injury at work claim it is important to be clear about several key points:

  • Has your employer breached safety legislation?
  • Did they fail to uphold their duty of care
  • Has employer negligence caused your accident?
  • Was your injury or illness caused by this negligence? 

There are also documents and examples of proof that you will need to start a claim for compensation and we talk about them in detail below. Don’t worry if you feel you were partially at fault for the workplace accident. Get in touch with our team anyway and they can explain in detail your rights after an accident at work.

Click Here To Learn More About Accident At Work Claims

What Ankle Injuries Could You Claim For?

Ankle injuries can be sustained in any number of simple accidents or as part of multiple injuries in something more serious. Below are some example injuries and the type of workplace health and safety failures that could cause them:

  • Falling from an unguarded height and breaking the ankle
  • Colliding with a badly operated work vehicle, causing ankle fractures
  • A trip, slip or fall on an uneven floor surface that causes a sprained ankle
  • Landing badly on an unattended wet or icy floor and straining or bruising the ankle
  • Poorly stored materials falling or crushing the ankle bones
  • Chemicals that burn the ankle or foot because of bad storage or inadequate personal protective equipment (PPE) such as lack of correct footwear
  • Ligament or tendon tears like Achilles heal damage
  • Soft tissue ankle damage during an incident of workplace violence

The Health and Safety Executive (HSE) offers detailed guidance for employers and employees about how to avoid issues like this.

What Documents Do You Need To Start An Ankle Injury At Work Claim?

As you will see in the next section having any injury looked at by a medical professional after an accident is not only key to receiving the treatment you need but your medical records could be used later if you had a valid claim.

Collecting evidence is key to proving what you are saying is correct. Without evidence, the third party could deny liability and refuse to settle the claim. So as soon as you are well enough to do so begin collecting evidence such as;

  • Images of the scene and cause of the accident
  • CCTV footage
  • Record the accident in the workplace log
  • Take images of any visible injuries
  • Ensure your injury is logged in your medical records, and
  • lastly ask witnesses if they would be prepared to give a statement if needed.

It’s important to note that you can represent yourself in a personal injury claim and it is not a legal requirement to use the services of a solicitor. However, their obvious expertise and insights regarding valid documentation could help you prove liability and help you ensure that you are fully compensated.

Proof Of Injury

In the aftermath of an ankle injury, it is always advised to seek medical attention. Something that may only seem like a minor injury may develop into something more serious. Seeking medical advice at the earliest opportunity can help to ensure you make a speedy recovery. Medical evidence that could be used to support your personal injury claim can include:

  • You can request your medical notes from the GP or healthcare practice that treated you
  • Also, your hospital admission notes if it was that serious
  • Keep all letters for hospital appointments
  • As part of your claim, you will be invited for a medical assessment with a specialist to determine future prognosis
  • X-rays or scans may also be used to present proof of injury.

Proof Of Liability For An Ankle Injury At Work Claim

Proving your employer’s liability for the accident and subsequent injuries is central to your successful ankle injury at work claim. A personal injury solicitor acting on your behalf would assess the chances of your case being successful at the start and could advise you on what documents can make your case stronger. For example, you could use:

  • Photographs of where the accident happened
  • CCTV footage if possible
  • A diary of events
  • Request witnesses who are willing to give statements
  • Any proof that might show a concern was raised about this health and safety issue in the past.

Obviously, it can feel daunting to collect proof of blame against your employer. It’s vital to remember that you have a right to make a claim if you were injured in an accident caused by negligent health and safety standards at work. Any misgivings, speak to our team about how you can initiate a claim in confidence.

How Much Compensation For An Ankle Injury At Work Claim

Two heads of damages called ‘general’ and ‘special’ could be used to evaluate your ankle injury at work claim. General damages are amounts that try to acknowledge pain, suffering, and loss of amenity caused by the injury. A publication called the Judicial College Guidelines is one of the ways that a guideline figure is reached and we show an excerpt from it below:

Edit
Area of Injury Compensation Explanation
Ankle Very severe £50,060 to £69,700 Transmalleolar fracture with extensive soft tissue injuries,
Ankle Severe £31,310 to £50,060 Lengthy recovery, pin and plates with a long time in plaster.
Ankle Moderate £13,740 to £26,590 Ligament tears or fractures that cause scarring, or arthritis risk
Ankle Modest – Up to £13,740 Sprains and strains that cause instability
Achilles Most serious – In the region of £38,430 When the tendon severs completely
Achilles Serious £24,990 to £30,090 Tendon is re-joined but weakness and limited movement remain
Achilles Moderate £12,590 to £21,070 Partial rupture with award based on level of recovery
Achilles Minor £7,270 to
£12,590
Some tendon damage and ankle weakness

Not guarantees, they merely aim to provide a very general bracket compensation amount only.

If you have solid, documented proof in the form of:

  • Receipts
  • Statements
  • Wage slips
  • Invoices
  • Estimates that directly relate to costs imposed upon you by the injury, these can be included under the heading ‘special damages’.

Perhaps you suffered a loss of earnings or needed to pay for medical treatments not freely available on the NHS? Did a family member or friend need to care for you as you recover? Or were you unable to function at home without paying for special modifications or medical equipment? Speak to our team to see what other costs to you could be included in your ankle injury at work claim under special damages. Or try our compensation calculator yourself.

Ankle Injury Claims With A No Win No Fee Solicitor

There are many benefits to working with a No Win No Fee solicitor from our panel for your personal injury claim. For example, they take on claims from all over the UK; this means that you aren’t limited to choosing a local legal professional to handle your claim.

A solicitor from our panel could also help you support your claim by collecting relevant evidence, such as witness statements, and ensuring that your claim is filed within the correct time limit. They can also answer any questions you might have throughout the process, such as “How much compensation could I get for my ankle injury at work?”

Our panel offer their services under a kind of No Win No Fee contract known as a Conditional Fee Agreement (CFA). When you enter into a CFA with a solicitor, you aren’t required to pay any upfront fees for them to begin work on your claim. Similarly, should your claim fail, you will not be asked to pay a fee for their services.

However, if your claim were to succeed, then you would be expected to pay a success fee. The success fee is deducted directly from your compensation award, though there is a legal cap in place. This cap ensures that you keep the majority of your award.

Our advisors are on hand to help if you’d like to find out if you could be eligible to work with a solicitor from our panel. When you get in touch, a member of our team could offer you a free consultation, during which they can help you identify whether or not your claim is valid. To get started:

Get More Help With Your Claim

Learn more about an ankle injury at work claim with the resources below:

We also have a bunch of dedicated guides on making an accident at work claim, which you can read below: