Every year thousands of workers are injured in the workplace which means they cannot carry out the jobs they normally do whether for a shorter period of time or for much longer. Employers in the UK are legally required to ensure that a working environment is safe and that the risk of harm and injury to you as an employee is kept to a minimum which is achieved by following Health and Safety Executive regulations and other laws that protect you.
If you were involved in a workplace accident and you suffered an injury and would like to know if you can sue an employer for a broken arm and the time-frame you would have to file an accident at work claim, please read on.
- What Are the Consequences of Sustaining a Broken Arm at Work?
- What Evidence Do I Need to Provide in a Broken Arm Compensation Claim?
- What Level of Broken Arm at Work Compensation Could I Receive?
- Is It Worth My While Making a Broken Arm Claim for Compensation Against an Employer?
- How Long Does it Take to Receive Broken Arm Compensation?
- What Advantage is There to Having an Accident at Work Solicitor Represent Me?
- What You Should Do if You Suffer a Broken Arm at Work?
- Could I Be Fired If I File a Broken Arm Claim Against My Employer?
- Do I Have Any Rights If I Suffer a Broken Arm at Work?
- What is the Deadline to Making a Broken Arm Claim Against My Employer?
- Would a Legal Expert Offer No Win No Fee Terms if I Make a Broken Arm Claim?
- Informative Links
Suffering a broken arm means you may not be able to carry out your job for the duration of your recovery whether you work as a full-time employee, part-time or you are temporary staff or an agency worker. Should your injuries involve a severe compound fracture to the arm, you could be off work for months bearing in mind that the more severe a fracture is the more chance there could be that you lose some movement and feeling in the affected arm. According to a Health and Safety Executive report that was published in 2015, around 40% of injuries that are sustained at work negatively impact a worker’s arms.
You can suffer a broken arm in various ways when you are at work and the part affected could be any of the following:
- Fracture to an upper arm
- Fracture to a lower arm
- Fracture to the elbow
- Broken forearm
- Broken wrist
Regardless of which part of your arm you break, the injury would be debilitating enough to prevent you from working for weeks or even months. It would also mean that you would not be able to carry out normal daily chores around the home. Whether you break a humerus, radius, ulna or wrist, the fracture would be extremely painful and not being able to work and bring in a wage, would mean you are put under financial hardship. This in turn could mean that you suffer from anxiety and depression which would negatively impact your overall health and well-being not to mention your relationships with family and friends.
If you believe that the workplace accident in which you sustained a broken arm, could have been avoided, you should discuss your concerns with a legal expert. The reason being that if you have proof of employer negligence, they could be held responsible for the injuries you suffered. The proof you must provide would include the following:
- That the accident occurred while you were at work – whether you were working for an employer onsite or offsite, an example being a building or construction site
- That the incident happened in the last 3 years
- That you were blameless for the accident at work happening. However, you can still file a work-related personal injury claim against an employer if you think you were partly at fault for the incident which in legal terms is referred to as “contributory negligence”
A solicitor would offer you a no obligation, free initial consultation so they can assess your case before deciding if your claim is strong enough to be upheld whether the case goes to court or your employer’s liability insurance provider offers an out of court settlement.
The amount you may receive in a successful broken arm claim against an employer would depend on the following:
- The severity of your injury and how it affects your ability to work
- The complexity of your case
- Whether your injury would prevent you from working again
- The amount of out of pocket expenses that you incurred as a direct result of the broken arm injury you suffered
In a successful broken arm claim, you would be awarded both “general damages” and “special damages” because accident at work compensation is divided into two parts which is explained below:
- You would be awarded general damages to compensate you for the distress, pain and suffering as well as loss of amenity you endured as a result of having suffered a broken arm whilst you were at work
- When it comes to special damages, these are awarded to compensate and reimburse you for any out of pocket expenses and other costs you incurred as a direct result of your broken arm injury. Special damages include travel and medical expenses as well as the loss of future earnings if you are unable to work again. Care costs and home adaptations are also covered by special damages
With this said, the figures below are provided to give you an idea of how much you may be awarded in a successful claim:
- For a broken forearm (ulna or radius), you could receive between £5,000 and £14,600
- If you suffered a severe fracture to your arm which causes permanent damage, you could be awarded between £29,000 and £45,500
You could also be entitled to seek compensation for your loss of earnings which would be added to the amount you receive in general damages. This could be £100,000 plus if your case is deemed a “high value claim”.
As previously mentioned, having sustained a broken arm at work could mean that your injury leaves you unable to work during the time it takes you to recover. This may mean financial hardship for you and your loved ones which can be avoided by seeking compensation from an employer. Under UK law, you have the right to seek advice from a legal expert if you suffer an injury in the workplace. You also have the “right” to seek compensation by filing an accident at work claim against a negligent employer providing your case meets the necessary criteria.
Accident at work compensation is there to ensure that an “injured person” can be returned to the state they were prior to having been involved in an incident that left them injured. You would be compensated not only for the injury you suffered at work, but also for all the costs and expenses you incurred as a result of your injuries. A solicitor who specialises in work-related personal injury claims would offer essential legal advice detailing the many advantages of filing for compensation if you suffered a broken arm in the workplace.
Most personal injury claims are settled “out of court” because insurance companies prefer not to take cases before a judge. This is because should they lose a case in court, not only would they have to pay their own court costs, but your court costs too. The only time you may have to go to court is if an employer does not accept responsibility but employers typically accept liability if you can provide adequate proof to support a claim.
The time it takes for you to receive compensation for a broken arm suffered at work would depend on several things which are detailed as follows:
- Whether your employer disputes your claim that they were negligent in their duty to keep you safe in the workplace
- An employer only accepts being partly responsible and believes you are partly responsible too – this is known as “contributory negligence”
- The complexity of your case and the severity of your injury
The more evidence you have to prove employer negligence, the sooner your case might be settled bearing in mind that 95% of personal injury cases never get to court because insurance companies prefer to offer out of court settlements. The best course of action if you suffer a broken arm at work, is to contact a legal expert as soon as you can so they can begin their investigations without delay. The sooner a case is investigated, the sooner a settlement could be reached.
If you suffered a broken arm in a workplace accident and you have sufficient evidence to prove that the incident occurred through no fault of your own but through employer negligence or because a colleague made a mistake, and you would like to claim compensation for your injuries and out of pocket expenses, you should seek legal advice from the outset. The reason being that a solicitor has the legal expertise needed to provide you with essential advice on the following
- The sort of evidence you would need to support your broken arm claim against an employer
- The medical evidence needed to establish the extent of the injuries you suffered and whether or not you would be able to work again
- If you feel you could be partly responsible for the broken arm you sustained in an accident at work, a solicitor would establish if your employer could be held partly responsible which is known in law as “contributory negligence”
On top of the above, having legal representation sooner rather than later means that you are sure not to run out of time for filing an accident at work claim against an employer. Other advantages of having legal representation from the outset includes but is not limited to the following:
- You would be informed on how much broken arm compensation you may be awarded in a successful accident at work claim against an employer
- Solicitors can reference legal libraries which they can base your case on when necessary
- If your employer denies liability, the solicitor you contact would work hard to ensure that responsibility is admitted, bearing in mind that very often it only takes a letter from a lawyer for employers to change their minds and to accept liability for injuries that employees sustain in the workplace
- A solicitor would communicate directly with your employer’s liability insurance provider should your employer deny liability which can speed up the legal process considerably
- A solicitor would work hard to ensure that the broken arm compensation you are offered is acceptable and if the insurer’s offer appears too low, the solicitor would ensure that the amount is raised to an acceptable level
- Should you require ongoing treatment, the solicitor would ensure that the cost of this is included in the amount of broken arm compensation you are awarded
If you are unsure of what to do following a workplace accident that leaves you with a broken arm, you should contact a solicitor who would offer essential legal advice on what to do. With this said, there is a set procedure to follow after you are injured in the workplace. This applies to all incidents that leave you injured whether your injury is minor or a lot more severe. Even if you have no intentions of seeking compensation to begin with, you must follow the protocol as set out by an employer following an accident in the workplace.
There are specific workplace injuries, work-related health issues, incidents and accidents that must by law be reported to the RIDDOR and should an employer fail to do so, they could be levied with hefty fines from the relevant enforcing authority. With this said, the procedure to follow after you are involved in a workplace accident that leaves you with a broken arm is detailed below:
- You should seek medical attention as a matter of urgency from a designated first aid officer or at the Accident and Emergency Department of the local hospital
- You should ensure that the workplace accident and the injuries you sustained were correctly reported to the person in charge of the work environment or your employer directly
- Should you not be able to report the incident, you can ask someone you trust in the workplace to do this for you. You can alter the details if you find they are incorrect at a later date which you have every right to do. You should only sign the accident report when you are happy that all the details are correct
- You should make certain that an official record has been made in the workplace Accident Book. If there is no book, you can either send a registered letter or personal email to your employer that provides details of the accident at work and the injuries you suffered
- You should request CCTV footage of the incident if this is available which you have the right to do
- You should get photos of where the workplace accident happened
- You should take photos of the injuries you suffered preferably prior to any treatment being given
- You should ensure that the medical report you receive provides all the symptoms you experience which includes any minor ones, because you could find that a more serious health issue develops later on
You should also contact an accident at work solicitor at the earliest opportunity because they would provide valuable legal advice on whether you have a strong case against your employer who could be deemed responsible for the broken arm injury you suffered in an accident at work.
An employer would be in breach of the law if they choose to sack you from your job because you filed an accident at work claim against them. You have the right to seek compensation for the injuries and out of pocket expenses you incurred as a direct result of having been injured in a workplace accident. If you are fired or your employer threatens to make you redundant, you should contact a legal expert before doing anything else which includes resigning. The reason being that because your employer is acting unlawfully, it could entitle you to seek further compensation from them.
Your rights as a worker are highly protected in the UK and as such, you have the right to do the following after you suffer a broken arm in an accident at work:
- Receive compensation for injuries you suffer in the workplace
- That your job is safe if you choose to file for compensation against a negligent employer
Should your employer try to stop you from doing any of the above or they threaten you with the sack or they treat you detrimentally, you should seek advice from a solicitor who specialises in employment law because you may be entitled to file further claims against your employer because they acted unlawfully.
There is a strict 3 year deadline to filing an accident at work claim against a negligent employer. However, the time it begins differs depending on several things which is explained below:
- 3 years from the date you suffered a broken arm at work
- 3 years from when a medical professional diagnoses you as suffering from a health issue that they directly link to the broken arm injury you sustained in the workplace
- 3 years from your 18th birthday which means you have up until your 21st birthday to file a broken arm claim against a negligent employer
However, it is far better to begin a claim early because the time it takes to gather all the evidence and other relevant documents relating to the workplace accident that left you with a broken arm can lengthy. In short, it is better to seek legal advice sooner than later if you are looking to seek compensation from your employer for the injuries and out of pocket expenses you had to cope with.
Once a solicitor is happy that you have a strong case against an employer who could be held liable for the broken arm you sustained in an accident at work, they would agree to work on your case by offering you No Win No Fee terms. A solicitor who specialises in accident at work claims would assess your claim in a no obligation, initial consultation that is typically free of charge. This takes all the worry of paying for legal advice off the table because there would be no upfront fee or ongoing fees to find as your case progresses. You would be able to focus on recovering from your broken arm rather than worry about paying bills and other monthly outgoings.
The Conditional Fee Agreement (CFA) or No Win No Fee Agreement as the contract is commonly referred to, lays out all the details of the legal contract you enter into with the solicitor. This includes the percentage or “success fee” you would only have to pay when you receive the broken arm compensation you seek. The amount is deducted from the money you are awarded. Should you lose your claim against an employer, the “success fee” would be waived which in short, means there would be nothing to pay for the legal representation the solicitor provided in the broken arm claim you filed against your employer.
If you would like more in-depth information on your employers responsibilities towards you and your fellow workers, please follow the link provided below:
To find out more about reportable incidents and injuries sustained in an accident at work, please follow the link below:
For more information regarding accident at work statistics, please click on the link provided below:
For more information on your worker’s rights and employment status, please follow the link below: