An ankle injury can not only be extremely painful but it can put you out of action for weeks. Should you have been involved in an accident at work and you suffered a severe ankle injury, it could mean you are unable to work for many months. There are many ways in which you could injure your ankle in the workplace which includes through the negligence of an employer or a fellow employee. Should this be the case, it could entitle you to seek compensation by filing an accident at work claim against an employer who could be deemed negligent in their duty to keep you safe at work.
To find out whether you can claim compensation for an ankle injury at work, please read on.
- When Would an Ankle Injury at Work Not be Valid?
- When Would an Ankle Injury at Work Claim be Valid?
- What Are the Most Common Work-related Ankle Injuries?
- What Can I Include in an Ankle Injury at Work Claim?
- What Level of Ankle Injury Compensation Would I Get in a Successful Claim Against an Employer?
- Do I Have the Right to Sue an Employer for an Ankle Injury Sustained in the Workplace?
- Who Can File An Ankle Injury at Work Claim?
- When Would My Employer Be Legally Responsible for a Work-related Ankle Injury?
- Should I Seek Free Legal Advice From An Accident at Work Solicitor?
- Would My Ankle Injury Claim Be Valid if a Fellow Employee Caused the Accident?
- Would My Ankle Injury at Work Claim be Valid If I Was Partly Responsible?
- Do I Have Any Rights After Suffering an Ankle Injury at Work?
- Can I Include My Damages and Losses in a Work-related Ankle Injury Claim Against My Employer?
- How Do I Start a Claim for a Work-related Ankle Injury?
- Informative Links
There are instances when an ankle injury sustained in the workplace would not entitle you to claim compensation from an employer which are as follows:
- You made a wrong or sudden movement which resulted in you suffering an injury to your ankle
With this said, even if you took a misstep and as a consequence suffered an ankle injury at work, you may still want to find out whether you could be entitled to compensation and as such, it is always worth contacting a legal expert who would assess your case by offering you a no obligation, initial consultation which is typically free of charge.
If you suffered an ankle injury in the workplace and you were not at fault for the incident occurring but because of the error or negligence of a fellow employee or employer, your case could be valid. For example, if the incident saw you trip, slip and fall in the workplace because a surface was slippery or hazardous and there were no warning signs in place, it could entitle you to file an accident at work claim against your employer due to their negligence.
You could injure your ankle in many ways when you are at work and the result can be debilitating. Your ankle consists of many bones, tendons and ligaments and when damaged, it could lead to you suffering any of the following injuries:
- A sprain or twist
- Bruising to the ankle
- A break or a fracture
If you damage the ligaments or tendons in your ankle, not only is this type of injury extremely painful but it could mean that you are unable to work during your recovery. Even minor ankle injuries could result in restricted movement and you may not be able to bear any weight on the affected leg. Serious ankle injuries where bones have been fractured or broken would put you out of action for much longer and may even result in permanent damage.
You can claim both damages and losses in an ankle injury claim for compensation from a negligent employer. Damages are awarded in the form of “general damages” and losses are awarded by way of “special damages”. When calculating how much you may be awarded in a successful claim, a court or liability insurance provider would take the following into consideration:
- The severity of the ankle injury you sustained which would cover the pain, suffering and loss of amenity you had to cope with
- What financial expenditure you incurred because you suffered an ankle injury at work through employer negligence
General damages are awarded to compensate you for your pain and suffering. They also cover how your injuries have negatively impacted your life and ability to enjoy activities you did prior to being injured in the workplace. The amount you receive would be based on Judicial College Guidelines.
Special damages area awarded as a way of compensating you for the out of pocket expenses you had to pay out as direct result of the workplace injuries you suffered. These would cover the following:
- The cost of medical treatment and therapy you had to receive both short-term and long-term. This would also include the cost of prescriptions
- The cost of travelling to a hospital or other medical facility to receive required treatments or therapies whether you go there by car, taxi, bus, train or other means
- Your loss of earnings during the time you were unable to work and this would include any perks and bonuses you missed out on during your recovery
- Loss of any future earnings should your injury prevent you from doing your normal job and you have difficulty finding alternative employment
- Care costs should you require help around the home
- Home and vehicle adaptations
- All other expenditures that can be directly linked to the ankle injury your suffered in the workplace
As previously mentioned, when it comes to how much compensation you may be awarded in general damages, this would be based on the Judicial College Guidelines. Special damages are simpler to calculate because they are based on “actual” expenses you incurred as such you must provide receipts to support all the costs you incurred.
The amount of ankle injury compensation you could be awarded in a successful claim would be divided into two parts as mentioned above. These are general damages and special damages. The amount of general damages you may receive would be based on the Judicial Guidelines which would depend on the severity of the injury you sustained. Another consideration that would affect the amount you could be awarded would be how your injury would affect your future life and your ability to work in the job you did prior to being injured in the workplace.
As a rough guideline, the amount of ankle injury you may receive could be as follows bearing in mind that all accident at work claims are unique and as such you may be awarded more or less that the amounts provided below:
- For a minor ankle injury which involves sprains, tears and minor breaks/fractures, you could receive £4,390
- If you suffered damage to your Achilles tendon whether your injury is minor or causes permanent damage, you could receive between £5,800 and £30,630
- If your suffered a fractured or broken ankle and as result you have to undergo surgery and this leads to restricted movement in your ankle or permanent damage, you could receive between £24, 950 and £39,910
- If you sustained an extremely severe injury to your ankle and as a consequence your leg is deformed and your mobility is negatively and permanently affected, you could receive between £55,560 and £61,110
You may feel that it is not right to sue an employer if you suffer an ankle injury at work because you may end up being sacked or treated unfairly for doing so. However, it is one of your “rights” to seek compensation for workplace injuries you suffer through no fault of your own. Filing an accident at work claim would also alleviate any financial hardship you may have to cope with as a result of not being able to work during the time it takes you to recover from an ankle injury.
Should your injury be extremely severe, you may not be able to carry out the work you normally do again. As such, knowing that you would be compensated for any future loss of earnings would take all the financial worry of not being able to work again off the table.
You have the right to file an ankle injury at work claim against an employer whether you are any of the following:
- A full-time employee
- A part-time employee
- A temporary member of staff
- An agency worker under the control of the employer you work for at the time of the accident
- A contractor under the control of an employer when the workplace accident occurs
It is worth noting that should you be an agency or temporary worker you can claim compensation from your employer providing the agency that you are contracted to work for, does not have control or more responsibility over your role in the workplace. Should it be the agency’s responsibility to ensure that you have been adequately trained to carry out a job for an employer on a temporary basis, it would be the agency that is responsible for the workplace injury you sustained.
If you are a self-employed plumber, electrician or other person who is employed to work on a building site, the liability would fall to the site owner/operator as they would be deemed responsible for keeping a site safe for you to work in.
Employers have a duty of care towards employees in the UK. They are legally required to ensure that you are kept safe while you are at work. If an employer fails in their “duty” and as a direct consequence of their negligence you sustain an ankle injury at work, it could entitle you to file an accident at work claim against them.
Under UK law, all employers must do the following to keep you and your fellow employees safe from harm and injury in the workplace:
- To ensure that a work environment is safe, clean and tidy
- To regularly carry out risk assessments so that any hazards may be identified and measures set in place to reduce the risk of an accident occurring
The Health and Safety Executive’s describes an employer’s responsibility towards you and your fellow employees as follows:
- That all employees and people are protected from injury and harm by controlling all risks and hazards that may be present in a work environment
This means that your employer must ensure the following by law:
- To make sure that a work environment is safe, clean and tidy
- To ensure that all employees have access to industry standard personal protective equipment (PPE) and suitable machinery, tools and equipment so jobs can be carried out safely
- That all employees and other workers have been adequately trained to carry out the jobs they are tasked to do in the workplace
If you are worried about the cost of filing an accident at work claim against a negligent employer, you should contact a solicitor who offers No Win No Fee terms when representing employees who are injured in the workplace. A solicitor would offer free legal advice in an initial, no obligation consultation and once they have established that you have a strong ankle injury claim against an employer who could be held liable, they would sign a No Win No Fee agreement with you. This means the solicitor can start their investigations without the need for you to pay them an upfront fee.
If a fellow employee caused the workplace accident that resulted in you suffering an ankle injury, you could still be entitled to claim compensation from your employer. Employers are responsible for the actions of all employees in a workplace whether the incident was caused through an error of judgement or because of negligence on the part of another employee. This is referred to under UK law as an employer having “vicarious liability”.
Even if you believe you may be partly responsible for the ankle injury you sustained at work, you should discuss your claim with a legal expert because your employer could also be held partly responsible which is referred to in law as “contributory” negligence. If an accident at work solicitor finds this to be the case, the amount of compensation you may be awarded in a successful accident at work claim would reflect the level of responsibility you are deemed to have had. Should it be found that you are 25% responsible for the ankle injury at work you suffered, you would be awarded 25% less compensation.
As previously mentioned, your worker’s rights are protected in the UK which includes when you suffer a workplace injury through no fault of your own. You have the right to do the following and an employer cannot by law prevent you from doing so:
- Seek compensation by filing an accident at work claim
- To know that your job is secure even if you file for compensation against your employer
Employers must legally ensure that you are treated fairly at all times when you are at work and this includes when you suffer a workplace injury and decide to file an accident at work claim.
You are entitled to include both damages and losses in a work-related ankle injury claim against a negligent employer. These are referred to as “general damages” and “special damages” which compensates you for the following:
- Your pain, suffering and loss of amenity – this is calculated using the Judicial Guidelines
- Your medical and travel expenses whether you get to hospital or other medical facility to receive treatment/therapy by car, taxi, bus or train
- Any loss of earnings you incurred
- Your future loss of earnings should you not be able to work again
- Care costs if you need help around the home during your recovery or if you have to go into a care home
- Home and/or vehicle adaptations
It is very important to keep all receipts that are directly linked to the ankle injury you sustained because these would be needed to support and calculate the amount of “special damages” you are awarded. It is also worth noting that should you have suffered catastrophic injuries to your ankle and therefore you need long-term therapy and medical care, a legal expert would ensure that you are awarded interim payments so that you do not have to cope with any financial hardship until a final settlement is agreed either through the courts or in an out of court settlement.
If you suffered an ankle injury in an accident at work and you can prove employer negligence, you should contact an accident claims solicitor found at AccidentClaims.co.uk who would provide you with essential legal advice on how to begin your claim. Work-related personal injury claims can be long-drawn out processes and there are many legal pitfalls to avoid. There are also pre-action protocols that must be respected and a solicitor has the necessary expertise to ensure this is so.
You would be offered a no obligation, initial consultation for which there would no charge. It is during this first consultation that a solicitor would establish that your case against your employer is valid and that you have a strong chance of being awarded the level of ankle injury compensation you deserve. Once the solicitor has established that you have enough evidence to support a claim, they would offer to handle your case on a No Win No Fee basis. In short, the worry of paying for costly legal representation would not be an issue.
The only time you pay a No Win No Fee solicitor is when you receive your ankle injury compensation and the solicitor’s “success fee” is deducted from the amount you are awarded. If you lose your accident at work claim, the fee would not be payable because the No Win No Fee solicitor agreed to not being paid on an unsuccessful claim when they signed the Conditional Fee Agreement with you.
If you sustained an ankle injury in an accident at work and you would like more information on the regulations regarding personal protective equipment, please follow the link provided below:
For more information about vicarious liability and the law, please click on the link below:
If you would like more information about “contributory negligence”, the link provided below offers essential reading on the law: