You may be entitled to claim compensation from an employer if you were involved in an accident at work in which you sustained a broken rib. However, for your claim against them to be valid, you would need to show that the incident occurred through employer negligence or because a fellow employee was responsible for the accident due to a mistake or error of judgement on their part. Even if you think you could be held partly responsible, you case may still be valid because your employer may also be deemed partly liable. As such, you should get in touch with a solicitor to find out if your claim is valid.
To find out how much compensation you could be entitled to receive for a broken rib at work and what evidence you would need to provide to prove employer negligence, please read on.
- What Consequences Are Associated With a Broken Rib?
- What Are the Most Common Reasons for Sustaining a Broken Rib at Work?
- What Can Be Included in a Broken Rib at Work Claim?
- Does An Employer Have Any Responsibilities in the Workplace?
- How Much Compensation Would I Get in a Successful Broken Rib Claim?
- Can I Sue My Employer for Negligence If I Suffer a Broken Rib at Work?
- Do I Have Any Worker’s Rights I Am Injured in an Accident at Work?
- What Benefits to Would a Solicitor Offer Me on a Broken Rib at Work Claim?
- Do I Have to File a Broken Rib Claim in a Specific Time?
- Would an Employer Sack Me If I File a Broken Rib Claim Against Them?
- How Do I Start a Broken Rib at Work Claim?
- Would a No Win No Fee Solicitor Work Represent Me on My Broken Rib Claim?
- Informative Links
Suffering a broken rib at work would mean that you may not be able to work during the time it takes you to recover from this painful injury. Ribs protect vital organs which includes your heart and lungs. They protect them from sustaining damage but should a broken rib pierce either your heart or your lungs, the consequences can be devastating and in a worse case scenario can even be fatal.
With this said a minor fracture could mean that you suffer ongoing health issues later on in life. In short, even if you suffer a minor injury to a rib, you must seek medical attention as a matter of urgency because the damage could be more serious than you initially think.
You could suffer a broken rib at work in a multitude of ways and this type of injury is one of the more commonly reported incidents in the United Kingdom. However, many people slip, trip and fall at work and as a result they sustain damage to their ribs which includes fractures and breaks. Many incidents involve slippery or uneven surfaces in a workplace or because a cover has not been replaced on a manhole. With this said, other types of workplace accident that could result in you suffering a broken rib could include any of the following:
- Being crushed by equipment or machinery
- Being hit by a forklift or other type of moving vehicle
- Falling from a height or ladder
If you sustained a broken rib at work and need legal advice on whether you could be entitled to seek compensation from an employer, you should get in touch with a personal injury solicitor at www.accidentclaims.co.uk who would assess your case in a no obligation, free, initial consultation.
You are entitled to claim both general damages to compensate you for your pain, loss of amenity and suffering when you file a work-related personal injury claim against an employer who was in breach of their duty to keep you safe from injury at work. You would also be entitled to claim special damages. These are awarded as a way of compensating you for all the out of pocket expenses you may have incurred as a direct result of having sustained a broken a rib at work through no fault of your own.
When it comes to special damages, these are based on your “actual” expenses and as such, you have to provide the relevant receipts to support the claims you make when filing a broken rib at work claim. You would be entitled to claim the following expenses and costs you incurred:
- Travel expenses whether you go to the place you are being treated by car, bus, taxi or train
- Medical expenses, this would include medical aids, prescriptions and other costs that are not covered by the NHS
- Care costs should your injuries mean that you are unable to carry out normal daily chores around the home during the time it takes you to recover from a broken rib sustained in the workplace
- All other costs and expenses that can be directly linked to the injuries you suffered
- Loss of earnings and future earnings
The general damages that you would be awarded in a successful broken rib claim would be based on the extent of your injuries and how your future life and ability to work again is impacted. As such, they are more difficult to work out as a court or insurance company would base their calculations on the medical report a doctor or specialist provides. The amount you receive would also be based on the Judicial College Guidelines.
Employers in the United Kingdom are duty bound to keep you and other workers safe from injury and harm in the workplace. They must respect all laws and Health and Safety Executive regulations to reduce the risk of a workplace accident from happening. Should you be involved in a workplace accident and you suffer a broken rib through employer negligence because they failed to respect the laws and H&S legislation, you could be entitled to be compensated for the pain, loss of amenity and suffering you had to endure through no fault of your own.
UK employers must ensure that the following is in place:
- That you are correctly trained to do a job and that your fellow employees are sufficiently trained to work alongside you
- That ongoing training is provided to all workers on a regular basis
- That tools, machinery and equipment that is used in the workplace is correctly maintained in good working order and that it is routinely serviced as per a manufacturer’s guidelines
- That adequate industry standard PPE – personal protective equipment – is available when required and that it is maintained in good condition and correctly stored while being easily accessible
- That risk assessments are routinely carried out in a work environment to identify hazards and to set in place “reasonable measures” to reduce the risk of a workplace accident happening
- To ensure that all workers whether permanent or temporary are made aware of good working procedures and practices
If you sustain a broken rib at work because an employer was in breach of their duty to ensure that a work environment was safe, you should contact a personal injury solicitor who would assess whether you have a strong case against a negligent employer. Once satisfied that this is the case, the solicitor would typically offer to represent you by offering you No Win No Fee terms.
When it comes to calculating the amount of broken rib compensation you could receive, this would depend on several things which includes the severity of your injuries and how your future life and ability to work has been negatively impacted. With this said, as rough guide, the amount you may receive in a successful broken rib claim against a negligent employer could be as follows:
- For a minor fracture a rib, you could receive up to £3,460
- For a fractured rib that results in damage to one of your lungs without any complications, you could receive anything from £1,920 to £4,660
- For a fractured rib that results in damage to your chest and lungs which then lead to a level of ongoing disability, you could receive between £27,450 and £48,080
- If you suffer scarring to your chest due to a broken rib having puncture it, you could receive between £5,950 and £17,275
- If you suffered damage to your lungs because broken ribs punctured both of them, you could receive between £76,500 and £114,100
- For broken ribs that result in traumatic damage to your heart or lungs, you could receive between £50,000 and £76,500
- For broken ribs that result in soft tissue damage to your chest, you could receive between
- £23,800 and £41,675
The amounts provided above are given as a guideline only into the level of general damages you may be awarded for a broken rib injury sustained in the workplace with the figures being based on the Judicial College Guidelines. On top of these general damages, you would also receive special damages in a successful broken rib claim against a negligent employer. It is worth noting that all personal injury claims are treated as being unique and as such, you may be awarded more or less in the way of compensation than indicated above.
It is worth noting that employers in the United Kingdom are duty bound to have liability insurance in place because it is compulsory for them to do so. The policy must meet both the legal requirement of £5 million and it must be issued by an approved insurance provider. When you file for compensation by making an accident at work claim against your employer, it is their insurers who handle all aspects of the case and this includes the following:
- Investigations into the accident at work in which you suffered a broken rib
- Communications with the personal injury lawyer who acts on your behalf
- The amount you are awarded in a successful broken rib at work claim which the insurance provider pays out whether this is in an out of court settlement or through a court ruling
Because this type of injury must always be taken very seriously, it is essential that you are able to place all your focus on your recovery which is why seeking legal representation can make the whole process that much easier to understand and deal with. A personal injury lawyer would deal with every aspect of your case and would recommend on how best to pursue a claim for compensation from your employer whether liability is accepted or not.
Your rights as an employee are protected which means that your employer is obliged to respect them. This includes when you are injured in the workplace. Your employer cannot prevent you from seeking legal advice nor can they prevent you from doing the following:
- To seek compensation for any loss of amenity, pain and suffering you endured because you suffered a broken rib at work through employer negligence
- That your job is safe even if you file an accident at work claim against your employer
Should an employer threaten you in any way or they try to stop you from making a claim against them, you should contact a lawyer immediately because your employer would be in breach of your worker’s rights to seek compensation for injuries sustained in the workplace through employer negligence.
A personal injury solicitor has many years’ experience when it comes to dealing with accident at work claims. They have the necessary legal expertise to deal with employers and liability insurance providers who deny liability for injuries you may have sustained in the workplace. A solicitor would also assess your claim in an initial consultation that can frequently be carried out over the phone and for which there would be no charge. Once a solicitor is happy that your employer was negligent in their duty to keep you safe at work, and that your claim against them is therefore valid, you would be offered No Win No Fee terms for a personal injury solicitor to act on your behalf.
However, apart from being able to file a broken rib claim against your employer without any financial risk to yourself, there are many other benefits that must be taken into account when it comes to having legal representation and this includes the following:
- Because a personal injury lawyer would act on your behalf on a No Win No Fee basis, there would be no fees to pay which includes a retainer/upfront fee or ongoing fees
- Solicitors are able to research your claim by referencing past cases which they can do by accessing legal libraries
- The solicitor would ensure that your injuries are assessed by an independent specialist/consultant and they would produce a report detailing the extent of the broken rib injury you suffered. This report would be used as a basis for calculating the level of compensation you could be awarded
- If your claim is complex and therefore a final settlement may take longer to reach, a personal injury solicitor would negotiate that you are awarded interim payments to avoid any financial hardship
- Should you require ongoing treatment, the solicitor would ensure that the cost of any therapy is included in the broken rib compensation you are awarded
For a broken rib at work claim to be upheld, you must ensure that it is filed within the statutory deadline. This is set at 3 years from the date you suffered the injury in the workplace. However, the deadline would begin at different times depending on several things which are explained below:
- If you suffered a broken rib at work and the incident occurred prior to you being 18 years old, you would have up until your 21st birthday to file a claim against a negligent employer. In short, the statutory 3 year time limit would start from the date you turn 18 years of age
- If you are diagnosed as suffering from a medical condition that a doctor can link to the broken rib you sustained in the workplace, the statutory 3 years deadline would begin from the date of the diagnosis
As previously touched upon, one of your worker’s rights is to seek compensation for any injuries you sustain in the workplace through employer negligence. If a fellow employee caused your injuries, your employer would still be liable because they are responsible for the actions of all employees – this is known as vicarious liability. As such, you cannot be fired from your job just because you file an accident at work claim against a negligent employer.
Should you believe you are being threatened in any way and this includes being told you could be made redundant or fired after being injured in an accident in the workplace, you should contact a solicitor at www.accidentclaims.co.uk who would provide valuable legal advice on whether your employer is acting unlawfully which could entitle you to pursue further claims against them.
If you sustained a broken rib at work and you would like to find out whether you could be entitled to seek compensation for the pain and suffering you had to endure, you should contact a personal injury lawyer who would determine whether your employer could be held liable. You would need to provide sufficient evidence to support your claim but once the solicitor is happy that your employer was indeed, in breach of their duty to ensure that you were kept safe in the workplace, they would agree to act on your behalf and would begin their investigations without requesting that you may them an upfront fee to do so. You would have to sign a Conditional Fee Agreement with the solicitor but once this is done, they would then handle all aspects of your case leaving you to focus on your recovery.
As previously mentioned, a personal injury lawyer would accept acting on your behalf on a No Win No Fee basis once they are satisfied that your broken rib at work claim against your employer is valid because your employer could be deemed liable. This would entail signing a Conditional Fee Agreement which is a legal contract between you and the personal injury lawyer who represents you. The contract lays out the terms and conditions of the agreement as well as the “success fee” that would only be payable to the solicitor once you have won your case and have been awarded the broken rib compensation you seek.
The “success fee” would be taken out of the money awarded but if you lose your case, this “success fee” would not be payable. In short, because the personal injury solicitor agreed to offer you No Win No Fee terms, you would not have to pay them for the legal advice and representation they provided if you lose your broken rib at work claim against an employer.
For more information regarding your worker’s rights and how your job is protected if you are injured in a workplace accident that leaves you suffering from injuries, please click on the link provided below:
If you were injured in the workplace because your employer failed to provide you with adequate industry standard personal protective equipment, and you would like more information on your employer’s responsibility regarding PPE, please click on the link provided below:
For more information regarding the law and health and safety in the workplace, please click on the link below: