If you suffer a knee injury in a workplace accident which wasn’t your fault, could you file a compensation claim? This guide will cover everything you should know when making the decision to take legal action. We’ll shortly list the major topics that we’re going to handle in this article. We have included an example £21,750 knee injury compensation case study which is the crux of this guide.
Ahead of reading through the article, though, we wish to remind you that you could contact Public Interest Lawyers at any time. And this could link you to our panel of personal injury solicitors, who could then handle your case. You can call us on 0800 408 7825, message us on our Live Chat or fill out the online contact form.
Choose A Section
- A Guide To Calculate Compensation For An Accident At Work Knee Injury
- What Is A Knee Injury?
- Workplace Accidents Cause Financial Loss
- Accidents At Work Examples
- Lawyers Provide Compensation Settlement Values
- Care Claims For Negligence Victims
- Case Study: £21,750 Compensation For An Accident At Work Knee Injury Claim
- Specialist Compensation Calculation Estimates
- No Win No Fee
- Look For The Top Personal Injury Lawyers
- Let Us Help
- Additional Advice
We’re going to discuss several key elements that tie in with our example knee injury compensation case study. They include defining a knee injury by type and severity, along with accident scenarios and identifying who could hold responsibility. Furthermore, we’re going to break down compensation calculator estimates, as well as No Win No Fee agreements.
Personal Injury Claims Time Limit
You could have a maximum window of 3 years in which to make a claim although there are exceptions. This dates back in two ways. The first would be to the date that you were specifically injured. And the second would be the date you gained knowledge. That’s because you may not realise that you’re hurt, or the extent of the damage, until a later date. Call our friendly team if you want to know more about this.
The knee is a joint that connects the upper and lower regions of your leg. It contains a number of supportive bones to ensure that the joint is strong and active. Also included is the anterior cruciate ligament (ACL), the medial meniscus and the lateral meniscus. A knee injury, could, therefore, be if any of these areas are compromised in any way, thus causing your knee to become weaker and therefore limiting your mobility. It could be a sprain, a strain, a dislocation, a muscle tear or a bone fracture. In any event, a knee injury could be identified by loss of strength, bleeding, bruising and continuous dull pain.
Now, the recovery time for a knee injury would depend on the extent of the damage. If it’s a basic sprain or strain, then you may be looking at weeks to recuperate. But if the injury is moderately serious, then it could take months to heal. For a more serious knee injury that requires surgical treatment, then you may have to wait many months to be back on your feet. And if it’s a severe knee injury such as an ACL tear, your mobility may not return to 100% for a full year. If your injury is caused by the negligence of a person or organisation that had some responsibility to look after your well being then you could have a case for compensation.
Financial consequences of a knee injury could be numerous. For instance, time off work without pay would be a hindrance. Then think about any added costs for public transport, since knee damage could prevent the victim from driving safely. And also keep in mind medical expenditure to assist with the rehabilitation process. We’ll cover the elements that will make up the knee injury compensation payout figure as this guide progresses. In the meantime, though, we’re always accessible if you want to chat about the financial implications of a knee injury. Simply get in touch by using our Live Chat function in the bottom right-hand corner of this page.
The validity of a compensation claim would be based on the negligence of a third party. Claimants would have to look to prove the following:
- A third party was obliged with owing you a duty of care in some form;
- But a breach happened which led to an accident taking place;
- Resulting in suffering a knee injury.
We are going to look at three areas in which a person is owed a duty of care. Employers have a duty of care towards their employees under the Health and Safety at Work etc. Act 1974. Now, an accident at work forms the basis of our knee injury compensation case study. In order to pursue a claim for an accident of this nature negligence would have to be proven. This could be done so if there was a breach in the duty of care.
Another example would be public liability. This applies the duty of care under the Occupiers’ Liability Act 1957 to provide safe environments for the public to make use of. But think of all the potential public places, from restaurants to clubs to pubs to football stadiums. An accident in a public place could happen anywhere and at any time if care and consideration aren’t a high priority.
And then we have RTAs, or road traffic accidents. According to the Highway Code, a duty of care applies to all road users: cyclists, pedestrians, and of course drivers. But if a driver isn’t concentrating at the wheel or if a pedestrian steps onto the road without looking for traffic, a crash could occur. And this could result in you injuring your knee severely due to the impact of such a collision.
Discuss accident scenarios further with our handy team by using our 24/7 Live Chat function.
A key stage of the claims process would be to undergo a medical assessment. We touch upon this in our knee injury compensation case study, but needless to say that this is very important. How come? Because, by receiving a full medical evaluation, the true extent of your injury could be proven. This covers questions such as “how did it happen?” and “how long will it take for me to recover?” Responses to such questions will shape the compensation payout that you would be able to viably claim for. And it also ensures that your case has clear and credible support from a trustworthy medical professional.
From there, your potential payout would be defined by both general and special damages. General damages would be all about the pain itself, along with subsequent suffering and the impact on your life from the injury. As for special damages, these would focus upon any physiotherapy, medical bills, public transport journey expenses and loss of earnings from missing work. We must point out that you should retain as many receipts and invoices as possible for each of these core elements. Find out more by calling our knowledgeable team at any time.
We’re about to cover an example knee injury compensation case study in full. But before then, let’s talk about care claims. This is another example of something that could compromise your special damages. So, this would handle gracious care from family and friends, as well as hiring a nurse to look after you at home. This could also include any professionals taking care of such tasks as cleaning, gardening and painting while you’re recovering. Learn more about care claims by speaking with us today.
Mr Bradley, 34, works as a customer service advisor at a bank. He has always enjoyed his job, and he also enjoyed helping out others when necessary. But an unforeseen situation at his place of work would change everything.
One evening, Mr Bradley and the team were finishing work. But their manager was preparing for a major promotional campaign pertaining to new ISA agreements for the following morning. As part of this, the manager requested that the team help out with putting up signage. This would include Mr Bradley being asked to climb a ladder and to hang several signs from the bank ceiling. This seemed like a reasonable task, right?
Wrong. Because unbeknownst to Mr Bradley, the ladder being provided was somewhat rickety and unsafe. Therefore, it was only when he was on the ladder that he realised he needed to be super-careful. Mr Bradley hung up all of the signs as requested, but then disaster struck. The rungs of the ladder were weak, so when he began to climb down, the third rung from the bottom gave way.
This caused Mr Bradley to fall forwards from several 4-5 feet up, banging his right knee hard on the ground. The manager and his colleagues rushed to his aid to help, but he was in tremendous pain and was unable to put weight on his right foot. Mr Bradley was taken to hospital later that night, where he was diagnosed with a serious knee fracture. He would require surgery.
The operation was a complete success, though Mr Bradley’s projected recovery time was several months. This was devastating to him, especially since he was only going to receive sick pay during his recuperation and not full pay. What’s more, he had to pay for a physiotherapist to help rebuild his knee for the final 3 months of his rehabilitation. All of this because his manager had placed him in an unsafe position by having him use a ladder not fit for purpose.
Mr Bradley spoke with a solicitor, who noted that his employers had breached the duty of care that they owed to him via the Health and Safety at Work etc. Act 1974. So, he filed a claim, and he received £21,750 as a knee injury compensation amount. This included general damages and also special damages.
|Type Of Special Damages||Includes:||How Much?|
|Lost Earnings||Costs of being unable to work||£7,000|
|Physiotherapy Costs||Costs of undergoing physiotherapy treatment during the recovery period||£750|
|Travel Costs||Costs of using public transport to & from hospital appointments||£200|
|Other Costs||Other costs from his injuries||£100|
We have to remind you that this is an example scenario purely for the benefit of readers of this guide.
Having read our knee injury compensation case study, you may now wonder about your own settlement. But we should point out how personal injury lawyers would calculate your potential settlement amount. To that end, we must emphasise that we wouldn’t rely on an online personal injury claims calculator. No, instead we would rely on the information we receive from you and about you. After all, you are the focus of the case, with your knee injury particularly being the focal point. Therefore, regardless of what others may receive, it’s all about your circumstances. These would ultimately have the greatest influence over what you could claim for. And, by the way, we provide a compensation calculation for free as a courtesy. This is applicable regardless of whether or not you decide to pursue your case. If you want to learn more about this, ring us up by using the number on top of the page.
No Win No Fee agreements means that you only pay your personal injury solicitor in the best-case scenario. Allow us to explain this further. So, if your case wins, your personal injury solicitor takes a success fee which has a cap by law. This is to cover their own personal legal costs. But this is only at the very end, so there’s no need to pay up-front or while the case is in progress. But crucially, if your case doesn’t win, then you still wouldn’t have to pay your solicitor’s legal costs. You can always find out more about No Win No Fee agreements by getting in touch with our expert team.
Finding top personal injury solicitors that work on a No Win No Fee basis is not always easy. A search on the internet can bring up thousands of results, so how do you know which firm is best suited for you? Reviews are a great way of narrowing down your search. Also speaking to the solicitor you think is best suited to your case is also a good idea.
We have online accessibility, our team is available 24/7 and if our advisors feel your case has successful merits they will intrude you to a specialist personal injury solicitor. Call our helpful team whenever you’re ready to move ahead with your claim for compensation.
With all that being said, we now want to help you. Having read our knee injury compensation case study, you have a better idea of what to expect in terms of compensation. And we can handle the rest of the claims process to make life easier for you along the way. To get in touch, you could use our instant messaging Live Chat, write to us on our contact form, or telephone 0800 408 7825. We must point out that you’re under no obligation whatsoever to proceed with your case, even after you first speak to our specialist team.
If you want more information beyond our knee injury compensation case study, you can check out these links.
The Public Interest Lawyers homepage details all of our options for clients.
We also explain how to handle accidents at a supermarket.
And we delve into public injury claims.
The NHS has a page which goes into detail on knee injuries.
They also cover how to identify any broken bones.
And you could also read the Health and Safety at Work etc. Act 1974.
Article by AR