How Do You Claim For A Broken Bone At Work?

Suffering a broken bone at work can be painful and frightening, especially if it was caused by something avoidable. You may be reading this as an employee who suffered a fracture or broken bone because of a failure in the health and safety arrangements at work? If so, this guide offers help.

Broken bone at work caused by negligence

Broken bone at work caused by negligence

Perhaps a simple slip or trip caused a broken leg? Or did a falling object fracture your collar bone? Badly driven workplace vehicles can break the delicate bones of your foot. Even trying to open a faulty door or window can cause injury. Whatever the precise scenario of your accident, we can advise what to do next.

Not all accidents at work will make a victim eligible to claim personal injury compensation. The accident that caused the subsequent injury must have happened through negligence for you to hold a valid claim.

Starting a claim against your employer for a broken bone at work can seem daunting. Whilst you are free to represent yourself in a personal injury claim and don’t have to use a solicitor, their expertise can help. Read our sections below to find out more or:

Select A Section

  1. Common Types Of Workplace Accidents
  2. Common Types Of Broken Bone Injuries
  3. What Are The Steps To Claim For A Broken Bone At Work
  4. Gathering Evidence To Support A Broken Bone At Work Claim
  5. Broken Bone At Work Compensation Calculator
  6. Talk To Us About No Win No Fee Claims

Common Types Of Workplace Accidents

How might a workplace accident cause an injury like a broken bone? Under the right circumstances, any type of slip, trip, or fall could be sufficient for someone to land badly and break a bone. Some fractures, such as the wrist and elbow, can occur as the person tries to break their fall after tripping.

An object dropping can fracture a skull and collision with moving machinery or equipment can fracture a leg bone. Each workplace will present its own particular set of hazards but employers are not automatically responsible for every injury.

The Health and Safety At Work, etc Act 1974 is legislation that UK employers must comply with to rule out accidents at work as much as possible. It states that employers have a commonly applied duty of care to protect their employees’ safety and well-being at work as much as is reasonably practical. This involves proper training, adequate personal protective equipment (PPE), regular risk assessments, and clear safety signage amongst other things.

Statistics On Injuries In The Worplace

statistical graph

Total reported non-fatal work injury 20/21 RIDDOR reporting

Source: https://www.hse.gov.uk/statistics/

Common Types Of Broken Bone Injuries

A broken bone at work can occur at any point in the body. The list below considers some typical types of broken bone injury and how they might happen in a workplace environment:

  • A broken arm could happen at the wrist, elbow, or shoulder. The three main bones of the arm (the ulna, radius, and humerus) can fracture if in collision with an object or as part of a bad fall.
  • Skull fractures are a risk if proper personal protective equipment (PPE) is not supplied or is unsuitable and materials drop from above.
  • A Colles fracture is a break in the wrist and can be commonly associated with the reactive response of reaching out to break a fall on a wet floor or tangled in computer cables.
  • Broken back injuries can be very serious. A fall from a height could result in fractures of the three main parts of the back (cervical thoracic or lumbar regions)
  • A broken pelvis or hip caused by uneven stairs can require months of rehabilitation or even replacement surgery.
  • The delicate metatarsal bones on the bridge of the foot can easily fracture if run over by workplace vehicles. 
  • A broken leg can involve the femur, tibia, or fibula bones from hip to ankle. High impact or a fall can entail a long recovery if these bones suffer injury. In addition, they can often mean the use of crutches or a wheelchair for weeks.
  • Perhaps you encounter violence in the job you do? A fractured jaw can happen in physical altercations and create significant problems eating.

What Are The Steps To Claim For A Broken Bone At Work

As you set out on a claim for compensation from your employer for negligence, it’s important to be aware of certain necessary procedures. The courts like to see that every effort was made to amicably resolve the claim before it needed to come before them. ‘Pre-action protocols‘ are set procedural steps you need to take to do this and their aim is to:

  • Ensure both parties provide as much information as they can to each other about the claim
  • That they communicate in a meaningful way about the claim
  • Investigate the aspects of the claim as fully as possible
  • Promote an early intervention of medical treatment for the claimant
  • Take the opportunity to negotiate a settlement

Pre-Action Protocols in brief

Pre-action protocols may vary depending on the value or complexity of the case. They provide a basic timetable for both sides to follow and a series of actions.

You are able to do all this yourself but a personal injury solicitor has the expertise and experience to do so on your behalf. Speak with our advisors to see how we could help.

Gathering Evidence To Support A Broken Bone At Work Claim

As well as these points, you should start to assemble proof of your injuries with CCTV or photos if possible. witnesses should be asked if they can give details for a statement to be taken at a later date. Accessing your medical records can also help you prove your personal injury claim.

Furthermore, you should report the broken bone at work injury in the accident book or see if it needs reporting via RIDDOR (Reporting of Injuries, Diseases, and Dangerous Occurrences Regulations 2013) if very serious.

Broken Bone At Work Compensation Calculator

You might be wondering how compensation payout amounts are calculatedThe Judicial College Guidelines is a list of compensation brackets used to value general damages for the pain, suffering, or loss of amenity experienced in personal injury claims. The table below gives an example:

Injury Type how severe?JC Guideline bracketnotes
Face fractures multiple fractures (b)£13,970 to £22,470risk of deformity
Jaw Fracturesvery serious (e) (i)£28,610 to £42,730pain, restriction, risk of arthritis
Armsimple fractures (d)£6,190 to £18,020full recovery
Elbow Injuryless severe (b)£14,690 to £30,050impaired use - surgery not required
Shoulder Injuryserious (b)£11,980 to £18,020dislocations, nerve damage, rotator cuff injury
Pelvis Fracturessevere (a) (i)£73,580 to £122,860severe pain, need for spinal fusion surgery
Wrist Fracturesless severe (d)Rarely exceed
£9,620
prolonged but full recovery
Knee Fracturesevere (a) (ii)£48,920 to £65,440leg fractures that extend to knee
Leg Fracturessevere (b) (iii) £36,790 to £51,460compound or comminuted fractures, lengthy period of treatment
Ankle Fractures severe (b)£29,380 to £46,980cast or pins needed, residual disability

These amounts are not guarantees but if your independent medical assessment supports the same levels of injury, you could qualify for a similar amount.

In addition to this, you may be able to prove financial losses attached to your injuries. Actual documented proof is essential. But perhaps you have receipts or payslips that show how you lost wages or needed to pay for additional medical bills?

If so, these amounts can go under the category of ‘special damages‘ and possibly form part of your settlement. Why not call our team to see what other expenses you might qualify for?

Talk To Us About No Win No Fee Claims

At Public Interest Lawyers we could connect you with a member of our panel of personal injury solicitors. They could take up your case under a No Win No Fee agreement which means you only pay a maximum amount of 25% from the settlement if your case wins.

If the case fails for some reason, you do not have to pay a penny to your solicitors. A No Win No Fee agreement could help you start an effective claim for a broken bone at work at no upfront costs for solicitor fees. Find out more by:

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