A broken shin bone is a painful, debilitating injury that could put you out of action for months. If you were involved in an accident at work and you suffered a broken shin bone, providing you can prove that you did not cause the incident you could be entitled to file an accident at work claim and be awarded compensation for the pain, suffering and out of pocket expenses you incurred.
To find out what evidence is needed to support a claim, the time limits involved in filing a case against a negligent employer and whether your broken chin bone at work claim would be valid, please read on.
- What is a Broken Shin Bone?
- The Consequences of Suffering a Broken Shin Bone at Work
- What Are the Most Common Causes of a Broken Shin Bone in the Workplace?
- Would My Broken Shin Bone Claim for Compensation be Successful?
- How Much Broken Shin Bone Compensation Could I Get?
- What Sort of Proof Do I Need to Support a Broken Shin Bone Claim?
- Does An Employer Have Any Legal Responsibilities Towards Employees?
- Do I Have Any Rights if I Sustain a Broken Shin Bone in the Workplace?
- Would I Get Fired For Filing a Broken Shin Bone Claim Against an Employer?
- What is the Time Limit To Filing a Broken Shin Bone at Work Claim?
- Are There Any Benefits to Having an Accident at Work Solicitor Represent Me?
- Informative Links
One of your largest leg bones, the shin is located in the lower part of the limb between your knee and ankle. A shin bone is referred to as a “tibia” and if you break or fracture it, the injury is extremely painful. There are many complications that can occur as a result of not receiving the correct treatment as a matter of urgency. You can suffer various types of injury to your shin bone all of which would put you out of action for a considerable amount of time which are detailed below:
- A hairline fracture to the shin bone
- A displaced fracture to the shin bone
- A spiral fracture to the shin bone
- A compression fracture to the shin bone
- Multiple fractures to the shin bone
The recovery time for any sort of break or fracture to your shin bone can be anything from three to six months. Should there be any complications, the time it takes you to get back on your feet and able to work could take a lot longer. Extremely severe fractures or breaks to the shin bone could leave you with a permanent disability and as a result you would be unable to work and bring in your normal wage. This may put you and your loved ones under tremendous financial hardship. Filing for compensation from a negligent employer would help alleviate many money worries you may have had to cope with due to being injured in the workplace.
As previously mentioned, suffering any sort of fracture or break to your shin bone could leave you unable to work for months. You would also have to cope with extreme symptoms which includes the following:
- Extreme pain
- Trouble walking and moving about
- Tingling and numbness in the foot of the injured leg
- Unable to bear any weight on the affected leg
- A deformity of the lower leg, the knee, shin or the ankle area
- The bone protrudes through as a result of broken skin
- A limited amount of motion both in and around the knee
- Severe swelling at the site of the injury
- Severe bruising on the injured leg
It is worth noting that when you suffer a broken shin bone, more often than not your fibula, the other bone in your lower leg, is negatively impacted as well.
There are various workplace accidents in which you may suffer a broken shine bone, however, the most common causes include the following:
- A slip, trip and fall on a hard surface
- An awkward fall on a slippery surface
- A fall from a height
- A heavy item that is stacked badly falls from a height on you
- Crushed by a moving vehicle, equipment or object
If you believe your employer could be responsible for your injury, you could be entitled to seek compensation for the distress, pain, suffering and out of pocket expenses you incurred through no fault of your own. As such, you should discuss your case with a solicitor by visiting AccidentClaims.co.uk who would assess your accident at work claim in an initial consultation that is typically free of charge. You would be under no obligation to pursue a claim against an employer if you do not want to.
As previously mentioned, a solicitor who specialises in accident at work claims would first assess your case to determine whether there is enough evidence to support the fact that your employer was in breach of their duty to keep you safe from harm and injury while you are at work. The proof that you would need to provide so that a lawyer can assess whether you have a strong case or not would include the following:
- That you suffered a broken shin bone in the workplace and the accident happened in the last 3 years
- That you did not contribute to the accident occurring and that you were in no way acting irresponsibly at the time
- That the accident at work was caused by a fellow employee due to an error, misjudgement or negligence. Should this be the case, your employer would be held liable for the injury you sustained because they are responsible for the actions of all employees in the workplace
You may believe that you could be held partly responsible for the workplace injuries you suffered, but this does not mean that you cannot seek compensation from your employer. The reason being that should it be deemed that your employer is also partly responsible this would be known as “contributory negligence”.
If this is found to be the case, an accident claims solicitor would inform you of the amount of compensation you could receive bearing in mind that it would reflect the level of liability you are deemed to have had in the injuries you suffered. An example being that if it is ruled that your liability is ruled at 25%, the amount you would be awarded would be 75% rather than the full 100% you would have received if your employer is held totally negligent for the accident at work occurring.
The level of broken shin bone compensation you could be awarded would reflect the extent of the injuries you sustained as well as the following:
- How your injuries impact your ability to work
- How your injuries impact your daily life
- The amount of money you had to pay out for things that can be directly linked to the workplace injuries you suffered
With this said, accident at work compensation is divided into two categories which are explained below:
- General damages – these are awarded to you in an successful accident at work claim as a way of compensating you for the distress, loss of amenity, pain and suffering you endured as a result of having sustained a broken shin bone at work. General damages are calculated using what is known as the Judicial College Guidelines
- Special damages – these are awarded to you to compensate you for all the out of pocket expenses you had to pay out as a direct result of the workplace injuries you suffered. You can include all your travel and medical expenses, care costs, home and vehicle adaptations as well as all other costs that are directly linked to the broken shin bone injury you suffered in a workplace accident
Special damages are a lot simpler to calculate because they are based on your “actual expenditures” which means it is vital that you keep all relevant receipts to support the expenses and other costs you incurred.
The amounts provided below are given as a rough guide to the amount of broken shin bone compensation you may be awarded bearing in mind that all accident at work claims are treated and evaluated as being unique:
- Simple fracture to a shin bone, you could receive between £2,200 and £8,000
- Should your injury require surgery so that a steel rod is inserted as a way of repairing the damage to a shin bone which may mean you are unable to walk, you could receive between £8,000 and £24,500
- Severe multiple fractures to your shin bone which causes disability and continuous discomfort, you may receive between £24,500 and £74,000
Because all work-related personal injury claims are unique, the amount you may be awarded in a successful broken shin bone claim could be more or less that the amounts indicated above. A solicitor would assess you case and provide essential information on the amount you could receive as soon as possible once they take on your case which would typically be on a No Win No Fee basis.
Even if at first you do not intend filing an accident at work claim against your employer, you should still gather as much information and evidence as you can bearing in mind there is a procedure to follow if you are involved in an accident at work that leaves you with any sort of injury. It is also worth noting that some near misses that occur in a workplace must by law be reported to the RIDDOR.
The evidence you need to gather is as follows:
- A record of the incident and when it occurred as recorded in an Accident Book or by personal email/registered letter sent to an employer if there is no Accident Book in the workplace
- A medical report that provides detailed information on the broken shin bone injury you sustained. This official report could be the one provided by the doctor who examined you at the Accident Emergency department of a hospital or one that your own doctor provides
- CCTV footage of the incident if available which an employer must give you when you request that they do and they must do so in a timely manner
- Photos of where the workplace accident happened
- Photos of the broken shin bone injury you suffered ideally prior to having received any treatment
- The contact details of all the people who witnessed the accident
- Statements from all the people who witnessed the incident
You may not initially want to file for compensation but find that at a later date you do and the more evidence you have, the stronger a broken shin bone claim against an employer would be. It is also worth noting that the more proof you have of employer negligence, the better the chance there would be of a solicitor offering No Win No Fee terms.
There are specific laws and legislation in the UK that all employers must respect to ensure that employees and other workers are kept safe from harm and injury. If your employer is deemed in breach of their legal duty to ensure that the workplace is safe and as a direct consequence you are involved in an accident that leaves you with a broken shin bone, they would be held negligent. As such, this would entitle you to seek compensation from them by filing an accident at work claim.
Employers must make sure that the following is done to ensure that all employees and other people are kept safe in a work environment:
- That you were told of all the working procedures and practices
- That you were informed of all hazards and risks that may be present in a work environment
- That industry standard personal protective equipment is always available when required so that you can carry out work safely
- That you were correctly trained to do a job and that ongoing training was provided at regular intervals
- That all the machinery, equipment and tools used in a workplace is correctly maintained in good working order and correctly stored when not in use
- That all employees are told of who is responsible for maintaining PPE
- That risk assessments are regularly carried out so that hazards can be identified
Should an employer choose to ignore Health and Safety regulations and other laws that are in place to keep you safe and as a result you suffer a broken shin bone, they would be held negligent which would entitle you to claim compensation from them.
Worker’s rights are highly “protected” in the UK which means that should you suffer a broken shin bone at work, your employer cannot prevent you from doing the following:
- Seeking compensation by filing an accident at work claim
If your employer objects to you filing a claim for compensation and they threaten you with the sack or redundancy, they would be in breach of the law. As such, it could entitle you to seek further compensation. Should this be the case, it is best to seek advice from a legal expert before doing anything else which includes resigning from your job.
However, if an employer makes it impossible for you to remain in their employment, you should contact a solicitor who specialises in employment law. They would then offer essential legal advice on how best to proceed with further action against your employer.
You cannot be sacked because you seek compensation for a broken shin bone injury you sustained in the workplace. Should your employer imply that you could lose your job because you seek compensation from them, they would be seen to be acting unlawfully against you. As such, this may entitle you to seek further compensation from them if they cannot show that they have a good and valid reason for sacking you other than the fact that you filed an accident at work claim against them.
If you suffer a broken shin bone and you want to seek compensation from your employer, you must respect the 3 year deadline associated with work-related personal injury claims. The time limit would start at different times depending on certain circumstances that surround your claim which is detailed below:
- You would have to make your claim against an employer 3 years from the time you sustained a broken shin bone in the workplace
- Should a doctor diagnose you as suffering from a medical condition that they directly link to the broken shin bone injury you sustained, the 3 year time limit would begin from the date of their diagnosis
- Should you have sustained a broken shin bone at work prior to you turning 18 years old, the 3 year deadline would start from the date you are 18 years old. As such, you would have until your 21st birthday to seek compensation from an employer
Being represented by a solicitor when you file an accident at work claim against an employer provides many advantages. Not only are workplace injury claims often complex legal procedures, should your employer deny liability, it would fall to the solicitor you contact to investigate whether negligence on the part of an employer can be proved. Other benefits would include the following:
- Once satisfied that your case against an employer stands a very good chance of succeeding, whether through the court or in an out of court settlement, they would offer to work on your case by offering you No Win No Fee terms. This makes filing for compensation for a broken shin bone risk free
- You only have to pay for the legal representation a solicitor provides when you win your case and the fee which is known as a “success fee” is taken directly from the broken shine bone compensation you are awarded
- If you lose the case against an employer, there would be no payment due for the services a solicitor provided
- A solicitor would ensure that your injuries are examined by an independent specialist or consultant and their medical report would be used to calculate how much broken shin bone compensation you could be awarded
- You would be told at the earliest opportunity of the amount of compensation you could be entitled to receive
- A solicitor would handle all communication with an employer and their insurers
- If your case is more complex and a final settlement would therefore take longer to reach, the solicitor would make certain that you receive interim payments
Another benefit of having an accident at work solicitor work on your case, is that should you require ongoing, long-term therapy this would be added to the broken shin bone compensation your receive so that you are not put under financial pressure further down the line.
To read more about your employer’s responsibilities towards employees and other people/staff in the workplace, the following link provides more in-depth reading on the topic:
If you sustained a broken shin bone in a workplace accident and you would like more information regarding No Win No Fee agreements and how they work, please follow the link provided below: