Around 90% of accidents in the workplace happen due to human error which can be put down to employer negligence or a misjudgement on the part of a fellow employee. Poorly maintained equipment, tools and machinery also accounts for many injuries occurring in the workplace. Should you have sustained a knee injury at work and you can show employer negligence, you may be able to seek compensation from them.
To find out more about suffering a knee injury at work and whether you can claim compensation from your employer, please read on.
- Are There Different Sorts of Knee Injuries Sustained in the Workplace?
- How Much Knee Injury at Work Compensation Could I Be Awarded?
- What Are the Most Reported Causes of Knee Injuries at Work?
- How Do I Prove Employer Liability in Knee Injury at Work Claim?
- What Procedure Should I Follow if I Suffer a Knee Injury at Work?
- What are My Worker’s Rights if I Suffer a Knee Injury at Work?
- Does My Employer Have a Duty of Care Towards Me?
- Should I Sue My Employer if I Suffer a Knee Injury at Work?
- Could I Lose My Job if I Make a Knee Injury at Work Claim Against an Employer?
- Is There a Time Limit to Making Knee Injury at Work Claim?
- Would a Personal Injury Solicitor Represent Me on a No Win No Fee Basis If I File a Knee Injury Claim?
- Informative Links
The human knee consists of several different bones, cartilages, ligament, tendons and muscles and because of this there a many parts of the knee that you could end up injuring in an accident at work. Any sort of knee injury can put you out of action and can be extremely painful. Even a minor knee injury which involves ligaments and tendons can negatively impact your ability to move whereas a severe injury to the knee can leave you permanently damaged.
If you were involved in a workplace accident whether the incident was caused by employer negligence or due to the misjudgement of a fellow employee, you may be entitled to seek compensation from an employer. Even if you think you could be partly responsible for sustaining a knee injury at work, you should still contact a personal injury solicitor at www.accident.claims.co.uk who would determine whether your employer could be partly liable too which is known as “contributory negligence”.
Like all personal injury claims, when you seek compensation from an employer for a knee injury sustained in the workplace, the amount you receive would be calculated in two parts. You would be awarded general damages for your pain and suffering as well as any loss of amenity. The amount awarded in general damages would also factor in the length of time it takes you to recover from your knee injury.
On top of the general damages you may be awarded in a successful knee injury claim you would also be awarded special damages. These are awarded to compensation your for the following which are all the out of pocket expenses and other costs you incurred as a direct result of having suffered a knee injury while you were at work:
- Travel expenses – this would cover the costs you incurred travelling to and from a hospital or other medical facility to be treated for your knee injury
- Medical expenses – this would cover the costs you incurred for things like prescriptions and medical aids that are not covered by the NHS
- Loss of earnings – for the time you were off work recovering from your injuries
- Loss of future earnings – if you are not able to continue working due to the extent of the injuries you sustained
- Care costs – if you need help around the home during the time it takes you to recover from your knee injury
- Home and car adaptations – if your injuries are so severe, you home and your car need to be adapted
- All other costs and expenses that can be directly linked to the injuries you suffered in the workplace
It is worth noting that the compensation you may be awarded in general damages would be based on the Judicial College Guidelines, whereas special damages are calculated on your “actual” expenditure. As such, you have to provide receipts to support any claims you have for the losses you incurred due to having suffered a knee injury at work.
The amounts provided below are given as a guideline to the amount of knee injury compensation you may be awarded, bearing in mind that all personal injury claims are unique and as such, you may be awarded more or less than the amounts indicated below:
- If you suffered a sprain, a twist or bruising to your knee, the amount of compensation you may receive could be between £1,000 and £4,750
- If you sustained a more severe knee injury and as a result you experience ongoing pain and have to contend with permanent damage, you could be awarded between £4,770 and £10,960
- If you suffered an extremely serious knee injury which involves a dislocation and/or a torn meniscus, you could receive between £11,820 and £21,880
- If you sustained an extremely severe knee injury which involves a fracture, break, torn cartilage as well as severe damage to the cruciate ligament, you could be awarded between £20,880 to £76,690
There are many ways in which you could injure your knee when you are at work with one of the main causes being when you slip, trip and fall on uneven or slippery surfaces. Research into accidents in the workplace have established that about 20% of incidents happen because of uneven floors and surfaces. Falling over obstacles also account for many accidents occurring in the workplace that result in employees suffering knee injuries and the same can be said if spillages are not cleared up or cordoned off in a timely manner to prevent someone slipping over and injuring themselves.
If during the course of your work, you are obliged to walk on a slippery surface, your employer by law must provide you with adequate industry standard anti-slip footwear. If your employer fails to do so and you slip and fall which causes you to suffer a knee injury whether minor or more severe, your employer would be in breach of their duty to ensure you are kept safe from injury at work. Your employer is duty bound to do the following in the workplace:
- To carry out risk assessments on a regular basis so that hazards and dangers can be identified and for reasonable measures to be set in place to reduce the risk of harm and injury to employees
- To make sure that a work environment is clean, tidy and safe for all employees and other staff to work in
- To erect hazard and warning signs when necessary
- To make sure that all employees whether permanent or temporary have received appropriate training to carry out the jobs they are asked to do
- To make sure that employees who operate specialist machinery and equipment are adequately trained to do so
- To make sure that employees who operate equipment and machinery are trained to do so and have sufficient experience
- To make sure that employees who handle harmful chemicals and substances are correctly trained to do so
- To make sure that all equipment, machinery and tools are maintained in good working order
- To make sure that appropriate personal protective equipment is available when needed and that all employees are aware of who is in charge of maintaining PPE
For a knee injury at work claim to be valid, you would need to provide enough proof that you sustained your injury while working and that you did not contribute to the incident. However, if you feel that you could be held partly responsible, your employer may also be partly liable which as previously mentioned is referred to as “contributory negligence”. Should this be the case, the level of knee injury compensation you receive would reflect your level of responsibility.
It is always wiser to seek legal advice if you would like to seek compensation for a knee injury you sustained in the workplace because this type of case can be complex and proving liability can also be challenging more especially if liability for the injuries you sustained is denied by an employer.
There is also the statutory 3 year deadline to consider which although sounds like long enough to file a claim, it is important to remember that gathering the required evidence such as medical reports and witness statements can quickly eat into the time limit. In short, it is better to start a work-related personal injury claim as soon as you can so that you do not run out of time to seek the compensation you rightly deserve.
Your employer should have a specific procedure in place which employees should follow if they are injured in an accident at work. The first thing you must do is seek medical attention whether you can be initially treated by a work’s designated first aid officer before going to hospital or you need to go directly to the Accident and Emergency department straight away because your knee injury is extremely severe.
- That the workplace accident and your injuries were reported to your employer or to the person who is in charge of the workplace. If you were unable to do this, a trusted work colleague can do this for you. You have the right to check that the information detailing the incident and your injuries have been correctly recorded in an Accident Book if there is one in the workplace
- If there is no Accident Book in the workplace, you have two options which is to send your employer a persona email detailing the workplace accident and the extent of your knee injury or you can send your employer a registered letter keeping a copy of the letter for your records
- Gather witness statements and their contact details
- Get photos of where the workplace accident occurred
- Get photos of your knee injury (ideally these should be prior to having received any treatment)
- Check to see if any similar workplace accidents have occurred – this information would be recorded in the Accident Book
The more evidence you are able to provide a personal injury solicitor, the stronger your knee injury claim would be and the more chance there would be of receiving an acceptable level of compensation which would be paid out by your employer liability insurance provider.
If you suffer a knee injury at work whether the damage sustained in minor or more severe, one of your worker’s rights is to seek compensation from an employer providing you can show they were in breach of their duty to make sure the work environment was safe and that they failed to keep you safe from injury. You also have the right to know that your job is secure if you decide to file a knee injury at work claim against an employer and that you cannot be fired or treated unfairly if you do.
Employers have a legal duty to make sure that all employees and other workers whether permanent or temporary are kept safe from harm and injury in the workplace. There are laws and legislation that protect you and your fellow employees which an employer must respect and abide by. Should your employer choose to ignore these laws, and as a direct consequence you suffer a knee injury at work, they would be responsible and therefore it would entitle you to seek compensation from them.
As previously touched upon, when you file a work-related personal injury claim against an employer who may be held liable for the knee injury you suffered at work, it is your employer’s insurance provider who deals with all aspects of your case which includes investigating your claims and then paying out the compensation you are awarded in a successful knee injury at work claim.
As an employee, one of your worker’s rights is to seek compensation for any injuries you sustain in the workplace through employer negligence. The same is true if the incident that left you injured was caused by a fellow worker or because you believe you were partly responsible for sustaining your injuries. A solicitor at www.accidentclaims.co.uk would offer you a no obligation, free, initial consultation so they can assess the strength of your case against and employer and once satisfied that it is, they would offer you No Win No Fee terms when acting on your behalf.
As previously touched upon, you cannot be treated unfairly or threatened either with redundancy or the sack because you file a knee injury at work claim against your employer because it is one of your worker’s rights to seek compensation. Your employer must have another “valid” reason for sacking you and if they do not and decide to fire you anyway, a personal injury lawyer would typically recommend that you file an unfair dismissal claim against your employer as well.
You would have to respect the statutory 3 year deadline to filing a work-related personal injury claim against your employer. The time limit, however, begins at different times which is explained below:
- Three years from the date you sustained a knee injury at work
- Three years from when you turn 18 years of age if the workplace accident happened before this time. As such, you would have right up until your 21st birthday to seek knee injury compensation from a negligent employer
- Three years from when a medical professional ties a medical condition you have developed to the knee injury you suffered in the workplace
Would a Personal Injury Solicitor Represent Me on a No Win No Fee Basis If I File a Knee Injury Claim?
As long as the personal injury lawyer you contact feels that you have a very strong case against an employer who could be deemed in breach of their legal duty to ensure you were kept safe from injury and harm while you were at work, they would typically offer to act on your behalf without requesting that you pay them a retainer for them to do so. This would involve signing a No Win No Fee agreement with the solicitor which is a legal contract between the two parties.
The agreement not only sets out the work that the personal injury solicitor would do for you when acting on your behalf, but it also sets out the agreed “success fee” that you would only have to pay the solicitor when you win your knee injury claim and you are awarded the compensation you seek. The “agreed fee” is deducted directly from the money you are awarded. Should you lose your claim against an employer for the knee injury you suffered at work, you would not have to pay the solicitor the agreed “success fee” because they signed the CFA – Conditional Fee Agreement with you.
If you were involved in a workplace accident that you believe could have been avoided if your employer had not ignored health and safety regulations and would like more information regarding the law, please click on the link provided below:
For more information regarding personal protective equipment and your employer’s duty to ensure that PPE is well maintained and available when needed to carry out a job safely, please follow the link below:
If your employer threatened you with the sack because you filed an accident at work claim against them following an incident that left you with a knee injury and you would like more information regarding employment law and your rights, please follow the link below: