By Stephen Anderson. Last Updated 20th October 2023. You could make a broken leg at work claim if you’ve been injured as a result of employer negligence. This article addresses the criteria that need to be met in order for you to claim, along with other considerations such as the evidence you’ll require and how an accident such as this could occur.
Fractured leg injuries can vary in severity. Because of this, the level of compensation you can receive can also vary as a result. This topic is also addressed in more detail in later sections of this guide.
Get in touch with us if you have any questions about pursuing a claim for a broken leg in the workplace. Our team of advisors are here to give you advice that’s tailored to your circumstances. Read on for more information. You can also:
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- Contact us through our website
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- Can I Claim For A Broken Leg At Work Claim?
- Causes Of A Broken Leg Injury At Work
- How To Prove A Broken Leg At Work Claim Against Your Employer
- Broken Leg At Work Claims Calculator
- Discuss Your No Win No Fee Broken Leg At Work Claim With Us
Each employer owes their staff a duty of care to take reasonable steps to protect their employees from harm. This duty is outlined within the Health and Safety at Work etc. Act 1974. If an employer were to breach their duty of care, this could cause a workplace accident.
In order to be eligible to make a personal injury claim for compensation for a broken leg at work, you will need to prove:
- You were owed a duty of care by your employer.
- They breached this duty of care.
- Due to this breach, you suffered a broken leg.
To see whether you could be eligible to make a personal injury claim for broken leg at work compensation, you can contact our advisors online or on the phone today for free.
Employers’ Duty Of Care
As previously stated, you employer owes you a duty of care to keep you safe while in work.
For example, your employer is required to carry out risk assessments in the workplace so that hazards can be identified and removed or reduced. If the employer failed to carry out a risk assessment and an injury occurred as a result, a claim could be made by the injured employee. Similarly, if a risk assessment was carried out, but the results were not acted upon, then this could be considered negligence.
If negligence results in an injury like a fractured bone, then a broken leg at work claim could be made. Speak with one of our advisors today for more information on the process of claiming.
Different workplaces will have different risks. Accidents resulting in broken bones can take place in more than one workplace, but we have included some examples below. A leg fracture is just one possible outcome of these scenarios.
- Struck by machinery or a moving vehicle – Certain warehouse and construction environments will necessitate the use of vehicles such as forklifts or machinery such as cranes. If the operator is not sufficiently trained in its use, then they could collide with another employee. Furthermore, if the machinery is faulty, and the employer knew about this or should have known through carrying out the correct checks, then this could be an example of negligence.
- Falls from a height – certain roles in the workplace will require you to work at a height. If certain safety procedures are not put in place, then employees could fall and sustain a multitude of injuries. For example, an employee might not be given the right non-slip shoes for their role, causing them to slip and injure themselves.
- Slips, trips and falls – Slips and falls can lead to broken bones, including a fractured leg. This could result from negligence if a spill was not cleaned up or signposted within a reasonable timeframe.
Get in touch with our team if you have any questions about whether your broken leg injury was caused by negligence. You could be connected with a solicitor from our panel if you have a valid broken leg at work claim.
In order to give yourself the best chance of making a successful leg injury compensation claim, you’ll need to gather evidence. If you have no proof, you may not receive compensation for your injuries at all.
In this section, we’ve included some examples of helpful pieces of evidence that may help you.
- Accident book – every workplace that employs 10 people or more must have one of these. It should be filled out following a workplace accident.
- CCTV footage/photographs – visual evidence of the hazards that caused your injuries, as well as photos of the injuries themselves, could be useful in supporting your claim. You have a right to request CCTV footage of yourself.
- Written witness statements – there may be onlookers who witnessed the accident. You can take their contact details so a statement can later be taken.
- Medical records – these will contain details such as the treatment you’ve received.
You may also need to undergo an independent medical appointment so that the severity of your injuries can be verified. This medical report can also be presented during the process of making your broken leg at work claim.
If you work with a solicitor from our panel, then they could arrange this medical assessment for you in your local area to reduce travel time. Speak with an advisor today for more free legal advice regarding the claims process.
You may be wondering, “how much compensation can you get in a broken leg at work claim?”. The amount can vary depending on how severe your injury is.
If you have broken your leg because of employer negligence, the claim for compensation may involve more than one sum. The head of the claim that’s calculated to account for your physical pain and psychological damage is called general damages.
The figure is calculated by legal professionals. They use a publication called the Judicial College Guidelines (JCG) to assist them in this process. We’ve included some example figures from the JCG in the table below. The figures are only guidelines and are based on compensation awarded for similar injuries in past cases.
|(a)(i) Amputation of both legs
|£240,790 to £282,010
|Amputation of both legs above the knee, or one below the knee and the other above to a high level
|(a)(ii) Both legs amputated below the knee
|£201,490 to £270,100
|Compensation will depend on the level of amputation
|(a)(iii) One leg amputated above the knee
|£104,830 to £137,470
|Compensation will depend on the level of amputation
|(a)(iv) One leg amputated below the knee
|£97,980 to £132,990
|Compensation will depend on additional factors
|(b)(i) Most serious injuries short of amputation
|£96,250 to £135,920
|For example, extensive degloving of the leg or where fractures have not united
|(b)(ii) Very serious
|£54,830 to £87,890
|Lasting issues with mobility
|£39,200 to £54,830
|Can include serious compound fractures and injury to ligaments or joints
|(c)(i) Less serious
|£17,960 to £27,760
|Fractures where an incomplete recovery has been made
|(c)(ii) Less serious
|£9,110 to £14,080
|Simple fractures, no joint damage
|(c)(iii) Less serious
|Up to £11,840
|Simple tibia/fibula fractures or soft tissue injuries
It’s possible you could also be awarded special damages. This figure is to reimburse you for any outgoings or financial losses caused by your injuries. For example, you may have experienced a loss of earnings due to being unable to work while you recover. Further examples may include the cost of prescriptions, prosthetic limbs, walking aids, etc.
Get in touch for more information on what can be included in a special damages payment in a broken leg at work claim.
All of the expert personal injury solicitors on our panel can offer their services on a No Win No Fee basis. This means that you are not expected to pay their costs unless your claim is successful. Then, their fee is covered by a small percentage that’s taken from your settlement. This percentage is kept small by law, so the majority of your payout is protected.
If you do not receive any compensation when your solicitor is operating on a No Win No Fee basis, then you are not required to pay them anything.
Get in touch today if you want to find out if you could be connected with a No Win No Fee solicitor. You can:
- Speak to us on the phone by calling 0800 408 7825
- Contact us through our website
- Chat with us using the pop-up chat window
If you wish to make a broken leg at work claim, then you may also find the links below useful.
- Our guide on getting signed off work due to a workplace injury.
- Information on claiming compensation for lost wages.
- An article on how much compensation you could be awarded due to a fall.
- Read about litigation friends and the role that they can play in personal injury claims.
- NHS information on what to do if you’ve sustained a broken leg.
- Government information about Statutory Sick Pay (SSP).