Can I Sue My Employer For a Broken Arm? – Am I Eligible To Claim Compensation From My Employer For A Broken Arm?

According to statistics, each year 600,000 people are injured in the workplace leaving them unable to work for a short or longer period of time. Employers are legally obliged to keep you safe from harm and injury while you are at work and if they fail in their duty which results in you sustaining a broken arm at work, you would have every right to file for compensation providing you can prove the accident occurred through no fault of your own and it happened within the last 3 years.

Employee Injury At Work Advice

The Consequences of a Broken Arm in the Workplace

If you break your arm in an accident at work, whether you work full-time, part-time, you are an agency or temporary worker, the chances are you would not be able to work during the whole of your broken arm recovery time. Statistics published by the Health and Safety Executive (HSE) in 2015, show that around 40% or injuries in the workplace negatively impact employees’ arms. You can injure or break an arm whether you are a builder, office worker, nurse or carer to name but four occupations where you run the risk of suffering a broken arm.

The break could affect your upper arm, elbow, forearm or wrist but wherever the damage occurs, it could mean being off work for a number of weeks and could stop you from doing everyday chores around the home. In short, having suffered a broken arm whether it is your humerus, ulna, radius or the bones that make up your wrist, not only are you going to be in tremendous pain, but being off work can lead to financial hardship, anxiety and stress as well.

How Do I Prove a Broken Arm Injury Claim?

If you sustained a broken arm in the workplace and believe that your employer was negligent in their duty to keep you safe from harm, you may be able to file a broken arm injury claim against them. The criteria needed to prove your claim is detailed below:

  • That you broke your arm at work in an accident that occurred within the last 3 years bearing in mind that if you were under the age of 18 at the time of the incident, the time limit of 3 years begins from the date you turned 18 years of age
  • That the accident occurred through no fault of your own, but even if you think you were partly responsible, you should still seek legal advice from an accident at work solicitor because if it can be proved that you could be held partially responsible for your broken arm, you could still be compensated although you would not be awarded as much by a court or an employer’s insurance company

If you are unsure on how to proceed with a broken arm injury claim, you should seek legal advice sooner rather than later to avoid running out of time. A solicitor who specialises in accident at work claims would establish whether you have a strong case against a negligent employer and would typically offer to represent you on a No Win No Fee basis.

How Much Compensation Could I Receive for a Broken Arm Injury?

The level of compensation you may be awarded in a successful broken arm claim would depend on the complexity and the severity of your injury. Other factors that would be taken into account when calculating the amount of money you may receive are listed below:

  • The time you were unable to work during your broken arm recovery time
  • The out-of-pocket expenses you incurred as a direct result of having suffered a broken arm in the workplace. This would include any lost earnings and medical expenses 

The compensation you would receive in a successful broken arm claim whether you are awarded the amount by a court or if an employer’s insurers choose to settle your case before it gets to court which is referred to as an “out of court settlement”, can be broken down into 2 specific categories which are as follows:

  • General damages are awarded in successful broken arm claims for the pain, suffering as well as loss of amenity” you had to endure
  • Special damages are awarded to cover your lost wages, your medical expenses and treatments which includes physiotherapy. It also covers any loss of future earnings should your broken arm injury be so severe, you would not be able to work again

As a rough guide, the compensation amounts provided below offer ballpark figures of how much you may be awarded in a successful broken arm claim:

  • Broken forearm injury whether it is the ulna and/or radius – you may receive anything from £5,000 to £14,600
  • For a permanent, extremely serious arm injury – you may be awarded anything from £29,800 to £45,500
  • As a add on you could also claim compensation for loss of earning and in some high value cases can be as much as £100,000 plus

Employee Injury At Work Advice

Is it Worth Filing a Broken Arm Injury Claim Against My Employer?

The damage you suffered to your arm could prevent you from working whether it is for a shorter period of time or much longer. If your broken arm is so severe, you may not be able to work again. As an employee who suffered an injury in the workplace, you are legally within your rights to file for compensation for the pain, suffering and loss of amenity you had to endure providing you can prove employer negligence. It is worth noting that the law relating to personal injury is based on returning an injured person back to where they were before the accident occurred and as if the incident did not happen.

As such, claiming compensation would take any financial stress of not being able to pay monthly bills off the table and should your broken arm injury be such that you are unable to work again, you would be awarded “loss of future earnings” in a successful claim. Other amounts of compensation you would receive are listed below:

  • Your medical expenses and the cost of future treatments and ongoing care
  • All the costs you incurred as a direct result of having suffered a broken arm in the workplace through no fault of your own

How Long Does it Take to Receive Compensation for a Broken Arm Injury?

It is worth noting that the majority of personal injury claims are settled before they get to court with around 95% being straightforward cases where liability is obvious. However, should your case be more complex because your broken arm injury is catastrophic, settlement might take much longer. There are several factors that directly impact how long it would take for you to receive compensation for a broken arm some of which are listed below:

  • Your broken arm claim is hotly disputed
  • Your employer does not accept liability
  • Your employer only admits partial responsibility for your broken arm injury

Will My Broken Arm Injury Be Successful?

The more evidence you can provide, the better your chances of filing a successful broken arm claim against your employer. Because there is a strict 3 year time limit to personal injury claims, although this is longer if you are under the age of 18, it is best to seek legal advice from a solicitor who specialises in accident at work claims. A legal expert would have access to past work-related claims and would be able to establish who could be held liable for your injuries. They would communicate directly with your employer’s insurers bearing in mind that all employers in the UK are legally required to have valid liability insurance in place.

How Can A Personal Injury Solicitor Help?

As previously mentioned, a solicitor who has vast experience in representing employees who have suffered a broken arm in the workplace, has access to legal libraries which means they can use precedents to validate your claim. Should your employer not accept responsibility, a solicitor would discuss any issues directly with your employer’s insurance representative which can help speed up what is often a long, drawn out legal process.

How to Start a Broken Arm Claim Against a Negligent Employer

Even if at first, you do not intend on filing for compensation from your employer, there are certain things that you should do just in case you change your mind. You should always follow a specific procedure following an accident in the workplace, bearing in mind that certain incidents must be reported to relevant authorities by your employer and if they fail to do so, it could land an employer with a heavy fine from the enforcing authorities.

The things you should always do if you are injured at work are detailed below:

  • Seek medical attention as soon after the accident occurred as possible
  • Make sure the incident is reported to the person in charge or your employer, if you cannot do this yourself, ask a work colleague to do this on your behalf
  • Make sure the accident is recorded whether in an accident report book or by sending details of the incident and your injuries to your employer, keeping a copy of the details for your own personal records. It is worth noting that you have every right to see the details of the accident as it is recorded in the accident report book so you can check everything is correct
  • Take photos of where the accident that left you with a broken arm occurred – if available request CCTV footage of the incident
  • Take photos of your injuries before you have received any treatment
  • Get a medical report of your injuries which must be provided by a qualified doctor or other medical professional
  • Contact a solicitor who specialises in accident at work claims who would be in the best position to assess your case and establish whether your employer was in breach of their duty to keep you safe from harm in the workplace

Can My Employer Fire Me For Filing a Broken Arm Claim Against Them?

Your employer cannot fire you if you decide to file a broken arm claim for compensation against them and if they do without showing good reason, you could also file an unfair dismissal claim against them.

What are My Worker’s Rights Following an Accident at Work?

All employees have rights in the workplace which also cover what workers are entitled to do after being involved in an accident that leaves them injured. If you sustained a broken arm in a workplace accident, your rights are as follows:

  • That you can receive the compensation you deserve for the injuries you sustained while at work
  • That your job is secure should you decide to seek compensation from a negligent employer

Is There a Time Limit to Filing a Broken Arm Claim?

As previously touched upon, you have 3 years from the date of your broken arm injury occurred to file a claim against your employer. However, if you were under the age of 18 at the time of the incident occurring, the time limit would start from the day you turn 18 years of age.

Would a Solicitor Accept to Work on My Broken Arm Claim on a No Win No Fee Basis?

The best course of action following a workplace accident that results in you sustaining a broken arm whether your injuries are slight or more catastrophic, is to seek legal advice as early as possible. A solicitor would assess your case which they would typically do during a no obligation, free initial consultation. This means that you receive essential legal advice without the worry of how to pay for it.

Once a solicitor establishes your case against a negligent employer is strong enough to merit filing for compensation, they would offer to represent you on a No Win No Fee basis which again takes all the worry of how to pay for legal representation when you need it most, off the table allowing you to concentrate on your broken arm recovery.

You would enter into a legal contract with a No Win No Fee solicitor which is called a Conditional Fee Agreement (CFA) which details the “success fee” you would pay a solicitor on a successful broken arm claim. Should your claim not be successful, there would be nothing to pay the solicitor who took on your case because they signed a CFA with you. The “success fee” you agreed to pay a solicitor would be deducted directly from the compensation you are awarded whether by a judge or by your employer’s insurers should they choose to settle your broken arm claim out of court.

Employee Injury At Work Advice