If you broke a leg at work and you can prove the accident occurred due to the negligence of your employer or a work colleague, you may have grounds to file an accident at work claim and be compensated for both your injury and any out of pocket expenses you had to cope with as a direct result.
To find out more on how to go about filing a claim for compensation if you broke a leg at work, what sort of evidence would be required to prove liability and the level of compensation you may be awarded in a successful case, please read on.
- What Are the Consequences of Suffering a Broken Leg at Work?
- What are the Most Common Causes of a Broken Leg in the Workplace?
- Would My Broken Leg at Work Claim be Valid?
- How Much Broken Leg at Work Compensation Could I Get?
- What Proof Do I Need to Establish Employer Negligence if I File a Broken Leg Claim?
- Do Employers Have Legal Responsibilities in the Workplace?
- Do Employees Have Rights Following a Workplace Accident That Results in a Broken Leg?
- Could an Employer Fire Me for Filing a Broken Leg Claim?
- Do I Have the Right to Sue My Employer if I Suffer a Broken Leg at Work?
- Is There a Deadline to Filing a Broken Leg Claim Against an Employer?
- What Advantage is There to Employing a Personal Injury Solicitor if I Make a Broken Leg Claim?
- Informative Links
If you broke a leg at work in an accident caused is not only extremely painful but it can be debilitating as well. A broken leg could take a long time to heal which means you could be out of action and unable to work during the time it takes to recover from this traumatic injury. Not only would you have to put up with the pain and discomfort of having to deal with a broken leg, but not being able to bring home your normal wage could place an unwanted financial burden on you and your loved ones too.
There are several bones in your legs and if any are broken are fractured, it could lead to several complications if not diagnosed and correctly treated straight away. It could be that you suffered a single break or several and you may even be left with some kind of permanent disability. If the break is severe, it could mean that you are unable to work again.
If you broke a leg at work and you believe that your employer could be held liable for your injury, you should get in contact with a personal injury solicitor at www.accidentclaims.co.uk who would be in a position to assess whether you have a valid claim, who could be held liable before offering free legal advice on how to pursue a broken leg at work claim against an employer.
You could sustain a broken leg at work in various ways. However, the most commonly reported workplace accidents which leave employees and other workers with this type of injury includes the following:
- A slip, trip and fall incident on a hard surface
- When falling badly or awkwardly on a surface that is slippery
- When falling from a height if working at a higher level
- When a heavy object/item falls from a height onto a person below due to incorrect stacking
- When crushed by a moving vehicle or object – with an example when hit by a forklift truck
If you broke a leg at work and need legal advice on whether you could pursue an accident at work claim against an employer, a personal injury lawyer would offer to assess your case in a no obligation consultation which can normally be done over the phone which is free of charge.
If you broke a leg in a workplace accident and want to seek compensation, you would need to prove that someone else could be held responsible for your injury. A work colleague may have caused the accident, or it could be that your employer failed in their duty to keep you safe from injury at work by not abiding by Health and Safety regulations. The more evidence you can provide that an employer was negligent or that you sustained a broken leg at work due to a mistake on the part of a fellow employee, the strong a claim would be and the more chance there would be that a personal injury lawyer would offer you No Win No Fee terms when representing you.
Your case must also meet specific criteria for it to be valid:
- The accident at work in which you broke a leg occurred within the last 3 years
- You were behaving responsibly when the accident occurred
- That a colleague caused the incident due to a lack of judgement or an error – in which case, your employer could be held liable
Should you think you could be partly responsible for the fact you broke a leg at work, you should get in touch with a personal injury solicitor at www.accidentclaims.co.uk because your employer could also be held partly liable in which case your claim may be resolved in an ‘split liability agreement’. This would mean that the amount of accident at work compensation you could be awarded would reflect the level of responsibility you are deemed to have had in suffering a broken leg in the workplace.
When it comes to the level of compensation you could be awarded if you broke a leg at work would depend on several things which are as follows:
- The extent and the severity of the injury
- Whether you are left with permanent damage or a disability
- Whether you are able to continue working
- Whether you need ongoing therapy, treatment, rehabilitation
- Whether you need constant help and care to carry out normal daily chores
- Whether home or vehicle adaptations are necessary
Personal injury compensation is awarded in two parts which are general damages to compensate an injured party for the injuries sustained, and special damages to reimburse all out of pocket expenses an injured party incurred as a direct result of an injury sustained, in this case a broken leg in an accident at work. This would include the following:
- If you need specialist treatment, therapy and/or rehabilitation and the cost is not covered by the NHS, you would be entitled to claim these medical costs. You would also be entitled to claim the cost of prescriptions, medical aids and other items which are necessary to a treatment/recovery
- You would be entitled to claim travel costs whether you get to a hospital or other medical facility you are being treated at by car, bus, taxi or train
- You could also claim care costs if you need assistance at home whilst you recover
- You would also be entitled to claim for home and vehicle adaptations should this have been necessary to accommodate you should the broken leg you sustained at work leaves you with permanent damage or a disability
- You could also include all other costs and expenses that can be directly linked to the injury you sustained in the accident at work
You must be able to produce relevant receipts to prove your expenditure so that a court or an insurance company can calculate your out of pocket expenses to ensure you are awarded the correct amount of special damages.
The following amounts are based on the Judicial College Guidelines and would be awarded as general damages to compensate an injured party for their pain and suffering as well as their loss of amenity. The figures provided are given as guideline only bearing in mind that all work-related personal injury claims are unique. In short, you may be awarded more or less that the amounts indicated below should your broken leg at work claim be successful.
- A simple leg fracture could see you receiving between £2,200 and £8,000
- Should you require surgery to repair the damage caused by inserting a steel rod which could leave you experiencing difficulty walking, you could receive between £8,000 and £24,500
- If you suffered severe multiple factures to your leg which as a result causes you continuous pain and which leaves you with a disability, you may receive between £24,500 and £74,000
For a more information on how much you may receive if you broke a leg at work, a personal injury lawyer would assess your case in a no obligation consultation which can typically be done over the phone.
Filing a work-related personal injury claim against an employer who could be held responsible for the incident occurring in the workplace, can be a complicated legal process. You must be able to prove employer negligence by providing relevant, compelling evidence. This would include providing the following:
- The record of the incident as reported in an Accident Book. If the place where you work does not have an Accident Book, you have two options on how to ensure there is an official record of the accident at work that left you suffering with a broken leg. You can send your employer a personal email outlining the details of the incident and the injury you sustained or you can send a registered letter and keep a copy in your files
- A medical report of the injury you suffered whether this is from your own GP or the doctor who treated you in the Accident and Emergency Department of a hospital
- Photographic evidence of your injury which, if possible, need to be prior to receiving any treatment
- Photos of where the incident occurred. If there is CCTV footage, you can request this from an employer which you have the right to do
- Witness statements
- Witness contact details
- Information on any past accidents in the workplace which resulted in employees being injured
A personal injury lawyer would offer essential help when it comes to gathering the evidence required to substantiate your broken leg claim against an employer, bearing in mind that the more proof you have, the stronger your claim is going to be and the more chance there would be of being awarded the correct level of accident at work compensation.
There are Health and Safety regulations and other laws that protect employees in the workplace which employers are duty bound to respect. These are as follows:
- That you were adequately trained to do the jobs that you are tasked to do by your employer
- That your work colleagues were sufficiently trained to work alongside you
- That all staff are provided with ongoing training at regular intervals
- That personal protective equipment is always available to carry out work safely, that it is maintained in good condition and repaired or replaced when necessary
- That all tools, equipment and other machinery is correctly maintained and routinely serviced so that it is kept in good working order
- That your work environment is regularly assessed for risks so that hazards can be identified and reasonable measures set in place to reduce the risk of workplace accidents occurring
Should your employer fail to keep a workplace safe, clean and tidy, the risk of an accident occurring would be greatly increased. Should you break a leg at work because your employer failed in their legal duty to keep you safe from injury at work, you may be entitled to seek compensation by filing a broken leg at work claim against them.
If you broke a leg at work, your employer cannot prevent you from seeking compensation from them because it is one of your worker’s right to do so. However, as previously touched upon, you would need to show that your employer could be held in breach of their legal duty to keep you safe in the workplace. Your workers rights are protected and your employer must respect them. As such, you have the right to do the following if you are injured in an accident in the workplace:
- To seek compensation from an employer for injuries sustained
- To file an accident at work claim against your employer without the worry of being fired for doing so
An employer would be in breach of the law if they threaten you with redundancy or the sack following an accident at work in which you were injured. Should they act unlawfully towards you, a personal injury solicitor would provide valuable legal advice on whether this could entitle you to pursue further legal action against them.
As mentioned previously, your employer would be in breach of the law if they sacked you following an accident in which you broke a leg at work and chose to seek compensation from them. It is one of your ‘workers rights’ to seek compensation for the pain, suffering and loss of amenity an injury caused you.
If your employer has ‘good’ reason to sack you, they must be able to show this to be the case, and if they cannot, you may be able to file further legal action against them. This could include a detriment claim and if you were fired, an unfair dismissal claim too.
One of your worker’s rights is to seek accident at work compensation from an employer who could be deemed responsible for the fact you broke a leg at work. Your employer cannot stop you from filing a work-related personal injury claim providing you can prove their negligence or that the incident was caused by a fellow employee.
Your employer is legally obliged to have ‘employers’ liability insurance’ in place. In the UK, this is compulsory. As such, not only do you have the right to file an accident at work claim against a negligent employer but it would the insurance provider who would deal with your claim. This would include investigating your claims and paying out the broken leg at work compensation you could be entitled to receive. It is worth noting that the majority of claims are settled prior to going to court by insurance companies which is referred to as ‘out of court settlements’.
There is a deadline associated with personal injury claims which is set at 3 years. However, just when the time limit of 3 years begins differs depending on the circumstances surrounding the accident that left you with a broken leg at work which is explained below:
- 3 years from the date you broke a leg at work
- 3 years from the date you are diagnosed as suffering from some sort of medical issue which a specialist, doctor or consultant links to the broken leg you suffered in the workplace
- 3 years from your 8th birthday if the accident at work occurred before this date. This means you would have up till you are 21 to file a personal injury claim against a negligent employer
There are many benefits to having legal representation when filing an accident at work claim against an employer, more especially if they dispute your claim by denying liability for the broken leg you suffered in the workplace. Even if your employer admits responsibility, there is a procedure that must be followed when seeking compensation from them. This includes respecting what is known as ‘pre-action protocols’ and the statutory time limit of 3 years that is associated with personal injury claims.
Some of the main advantages of engaging the services of a personal injury lawyer are that they boast years of experience in handling claims for clients and if they are satisfied that you have enough evidence to prove employer negligence, the solicitor would offer to act on your behalf without requesting an upfront fee. The reason being they would offer you No Win No Fee terms which takes all the worry of financial risk off the table leaving you to place your full focus on recovering from the workplace injuries you sustained.
The only time you would pay the ‘success fee’ agreed in a Conditional Fee Agreement is when you receive the broken leg at work compensation you are entitled to and the amount is deducted from the money you receive. Should you lose a personal injury claim against an employer, the ‘success fee’ would be waived because the solicitor signed a No Win No Fee agreement with you.
If you broke a leg at work and would like more information regarding Conditional Fee Agreements and what they entail, please click on the link provided below:
For more information regarding an employer’s responsibilities towards staff in the workplace, please click on the link below: