How much compensation could you be owed for an ankle injury at work claim? Did you sprain or break your ankle because of a health and safety problem in your workplace? Injuries like this can be painful and disruptive and even impact your ability to work or cope financially.
As you may be aware, a law called the Health and Safety At Work, etc Act 1974 requires all employers to protect the health and wellbeing of their staff. This law expects them to apply a duty of care that reduces or removes hazards in the workplace as much as is reasonably practicable.
If they fail and you suffer a broken ankle injury, as a result, read on and click on the highlighted text to find out how ankle injury at work claims work. Or, if you wish to speak to someone now, our team is on hand. Just:
- Call us on 0161 696 9685
- Get in touch via the online ‘contact us’ option
- Or chat through our ‘live support’ portal below
Select A Section
- What Evidence Do I Need To Claim For A Workplace Injury?
- What Documents Do You Need To Start An Ankle Injury At Work Claim?
- Proof Of Injury
- Proof Of Liability For An Ankle Injury At Work Claim
- How Much Compensation For An Ankle Injury At Work Claim
- Talk To A No Win No Fee Expert
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.
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 sprain
- 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
Ankle Injury Statistics
Below are statistics that show the prevalence of lower limb workplace non-fatal injuries reported under RIDDOR. Ankle injuries accounted for 4,889 of the 51,211 total reported:
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.
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.
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.
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:
|Area of Injury||Compensation||Explanation|
|Ankle||Very severe £46,980 - £65,420||Transmalleolar fracture with extensive soft tissue injuries,|
|Ankle||Severe £29,380 - £46,980||Lengthy recovery, pin and plates with a long time in plaster.|
|Ankle||Moderate £12,900 - £24,950||Ligament tears or fractures that cause scarring, or arthritis risk|
|Ankle||Modest - to £12,900||Sprains and strains that cause instability|
|Achilles||Most serious - About|
|When the tendon severs completely|
|Achilles||Serious £23,460 - £28,240||Tendon is re-joined but weakness and limited movement remain|
|Achilles||Moderate £11,820 - £19,770||Partial rupture with award based on level of recovery|
|Achilles||Minor £6,820 - £11,820||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:
- Wage slips
- 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.
At Advice.co.uk we could connect you with an expert from our panel of personal injury solicitors who could take up your claim in a No Win No Fee capacity. Funding arrangements such as these mean that you can access legal representation at no upfront cost to you or any as your case develops.
In addition to this, there are no fees due to a No Win No Fee solicitor at all if the case does not win. A successful outcome only requires a maximum 25% from your settlement to be paid to cover solicitors’ fees. Discover how a personal injury specialist could start work for you today by:
- Calling us on 0161 696 9685
- Getting in touch via the online ‘contact us’ option
- Or use our ‘live support’ portal below
Get More Help With Your Claim
Learn more about an ankle injury at work claim with the resources below:
- More information on ankle injury compensation claims
- How to claim for a sprained ankle
- Details on how to claim compensation for other foot injuries
- Guidance from the NHS on ankle injury
- Advice from HSE on preventing slips and trips at work
- Lastly, how to treat and care for an ankle injury from the NHS