I Broke My Foot at Work, Can I Claim?

Employee Injury At Work Advice
You could be involved in all sorts of accidents at work that result in a broken foot injury which would put you out of action for weeks if not months. Should your injuries be extremely severe, you may need to undergo surgery which means you may not be able to work again which is especially true if the bones in your foot were crushed. To find out more about broken foot at work injuries and whether an accident at work claim against your employer would be valid, please read on.

The Most Common Causes of Broken Foot Injuries in the Workplace

As previously mentioned, you could suffer a broken foot in a variety of ways while carrying out jobs you are tasked to do during a normal working day. However, the most common causes of this type of injury to the foot are as follows:

  • A trip, slip and fall incident
  • A heavy item falling on your foot whether from a height or not
  • Coming into contact with a moving vehicle or machinery

If you suffer a broken foot at work and you believe your employer could have done more to prevent the accident from happening, you should discuss your concerns with a personal injury lawyer who would agree to represent you on a No Win No Fee basis if they believe your case against an employer is strong.

The Consequences of Sustaining a Broken Foot in an Accident at Work

Your foot is made up of 26 bones any of which could be broken in an accident in the workplace.  Any sort of foot injury could mean that you are unable to work and bring in your normal wage whether for days, weeks or months. A broken foot is a serious concern because if your bones are crushed, it can lead to a permanent disability. The result is that your job prospects are negatively impacted. If you have to undergo surgery to have pins inserted into your foot, there may be complications and the risk of infection is greatly increased.

If you suffer a broken foot at work and you can show that your employer was negligent and that they failed keep you as safe as possible in the workplace, you could file a personal injury claim against your employer and seek compensation.

What Complications are Associated with Broken Foot Injuries?

Because there are so many bones that make up a foot, 26 in all, it can result in several complications which includes the following:

  • Neurovascular and soft tissue damage
  • Blood loss
  • Localised contamination
  • Infections

The above are the initial complications associated with fractures and broken bones. However, there are delayed complications that may develop which includes the following:

  • Malunion – where the bones do not mend or knit correctly
  • Embolic complications
  • Osteomyelitis
  • Loss of function

Other risk factors that may result in complications occurring if you suffer a broken foot at work include the following:

  • The complexity of the fracture to the foot
  • The quality of treatment and management
  • Overall health and well-being
  • Age

If you develop any sort of complication having suffered a broken foot at work, it could mean that you would be unable to work for that much longer putting you under more financial stress. A personal injury solicitor would ensure that your losses are compensated in a successful broken foot injury claim.

How Do I File a Broken Foot at Work Claim Against My Employer?

If you strongly believe that the workplace incident that resulted in you sustaining a broken foot was the fault of your employer or a fellow worker, you should seek legal advice from a lawyer who specialises in accidents at work. The reason being that for a personal injury claim to be valid, you would have to provide sufficient evidence that an employer failed to abide by health and safety regulations which means they could be deemed liable for the pain and suffering you suffered whilst you were carrying out work for them.

What Evidence Do I Need to Provide in a Broken Foot at Work Claim?

When you are injured in the workplace, the evidence needed when filing a broken foot at work claim against an employer would include the following:

  • A copy of the report as noted in the work’s Accident Report Book – if there is no book, you can either send a personal email to your employer detailing the incident and the injuries you sustained or you could write to them
  • A medical report of the injuries you sustained and this should include even minor symptoms you may be experiencing because what might seek minor to begin with, may turn into something more severe further down the line
  • Photographs of where the accident at work occurred
  • CCTV footage if available which an employer is obliged to give you when you request that they do
  • Photographs of the injuries you sustained prior to being treated if possible
  • Witness statements
  • Witness contact details

The more proof you can provide of employer negligence the stronger your claim would be and the more chance there would be that a personal injury solicitor would agree to take on your case on a No Win No Fee basis.

What Level of Compensation Could I Get For a Broken Foot at Work Injury?

The level of compensation that you may receive in a successful claim against a negligent employer would depend on the severity of the injury you sustained to your foot and whether or not it would affect your ability to work again. You would be compensated by damages and losses which are covered by “general damages” for your pain and distress, while “special damages” would be awarded for all the costs of treatments and other expenses you had to pay out because you sustained a broken foot in the workplace.

As a rough guide and from figures published in the Judicial Guidelines for compensation awarded in personal injury claims, please see below:

  • For a simple fracture to the foot with the prognosis being that you would make a full recovery, you may be awarded up to £5,590
  • For a more severe fracture to the foot which involves continued pain, discomfort and minor disability such as limping, you could be awarded up to £10,960
  • Where a broken foot involves a displaced metatarsal which results in permanent disability or a deformity with a strong chance of osteoarthritis developing in the future, you could receive between £10,960 and £19,920
  • For a broken foot that results in continuous pain and discomfort with a high chance of traumatic arthritis developing or where the need for fusion surgery is necessary, you could be awarded between £19,920 and £31,250
  • Where both heels are broken which restricts mobility, you could receive £33,460 and £55,830
  • For extremely severe fracture to the foot where permanent disability is a consequence of the injury, you could be awarded anything from 66,930 and £87,410

The above estimates for a broken foot at work injury cover “general damages” that you could be awarded. However, on top of the general damages you receive, you would also be entitled to receive “special damages” which cover the following:

  • All your medical expenses which includes therapies, treatments, prescriptions and medical aids you may require
  • All your travel costs to and from the places where you receive treatment for your broken foot injury whether at a hospital, specialist treatment centre or other medical facility
  • All of your care costs should you require help around the home during your broken foot recovery
  • The cost of adaptations to your home should these be required
  • All other costs and expenses linked to the broken foot at work injury you suffered

A personal injury lawyer would make sure that all your out of pocket expenses are included in the compensation you are awarded. As such, you must be able to provide all the receipts for the expenses and costs you incurred.

Should I File a Broken Foot at Work Claim Against My Employer?

If you are involved in a workplace incident that left you with a broken foot, you may not be able to work for weeks or even months if your injuries are severe. Should you require surgery on your broken foot, it could result in a permanent disability which as a result means you would not be able to carry out the work you used to do. It is your “right” to seek compensation from an employer, providing there is enough evidence to show negligence on their behalf.

Employee Injury At Work Advice

Your employer must have insurance in place which is “liability insurance”. The policy covers accidents in the workplace and work-related health issues that employees may develop as a result of the work they do. As such, when you seek compensation and providing your claim meets the necessary criteria associated with personal injury claims, it is your employer’s insurance provider who manages your case from the outset and it would the insurer who pays out the broken foot at work compensation you may be awarded whether in an out of court settlement or through the courts.

Most personal injury claims are settled before they go to court if the case against a defendant, in this case your employer, if they accept liability because liability insurance providers do not like to risk losing a case in court. It would mean they would have to pay all the court costs which includes both their own and the claimants, in this instance, yours.

What Worker’s Rights Do I Have If I Suffer a Broken Foot at Work?

Your worker’s rights are extremely protected in the UK. When when you are injured in a workplace accident you have rights and your employer cannot prevent you from doing the following if you suffered a broken foot injury in an accident at work:

  • Your employer cannot prevent you from filing an accident at work claim against them
  • You cannot be prevented from seeking medical attention for the injuries you sustain at work
  • Your employer cannot stop you from seeking compensation from them

Should an employer attempt to stop you or they threaten you or imply that you could lose your job or be made redundant, they would be breaking the law. Their behaviour towards you could entitle you to seek further compensation by filing more legal action against your employer. This includes a detriment claim and an unfair dismissal claim, should you be sacked for seeking compensation for the broken foot injury you suffered in the workplace.

Does An Employer Have Responsibilities Towards Employees in the Workplace?

Not only are your worker’s rights protected in the UK, but an employer has responsibilities towards all employees, workers and other people who visit a work environment too. There are laws, legislation as well as health and safety regulations that must be respected and if they are not, or an employer chooses to ignore them in order to get jobs done faster which results in accidents at work, they would be held liable for all injuries that anyone involved sustained.

Employers in the UK must ensure that a work environment is safe and that all reasonable measures have been set in place to reduce the risk of harm and injury coming to anyone who works for them or who visits a workplace. Employer’s responsibilities include but are not limited to the following:

  • Employees and staff whether permanent, temporary, contractors or agency workers are correctly trained to carry out jobs they are tasked to do in the workplace
  • That working procedures and practices are in place and that all workers are made aware of them
  • That all workers are made aware of any risks and dangers in the workplace
  • That machinery, tools and equipment is correctly maintained in good working order
  • That risk assessments are routinely carried out to identify hazards and dangers
  • That personal protective equipment is available to all employees and other workers when needed

If you sustain a broken foot in the workplace because your employer ignored health and safety measures or they failed to keep the work environment safe for you to work in, you should seek legal advice from a personal injury solicitor prior to filing an accident at work claim against your employer.

Is There a Time Limit to Filing a Broken Foot Injury Claim Against an Employer?

The statutory 3 year time limit that is associated with all personal injury claims against defendants must be respected. However, when the time limit begins depends on the circumstances of the accident that left you injured and this is explained as follows:

  • From when you suffered a broken foot injury in an accident at work
  • From the date you are 18 years of age should the workplace accident have happened before this time
  • From when a medical professional diagnosed you with some sort of medical condition that they link to the broken foot injury you previously sustained in the accident at work

To avoid running out of time when filing an accident at work claim against a negligent employer, it is best to seek legal advice sooner rather than later or you may find that your claim is “statute barred”.

Does Having a Personal Injury Solicitor Represent Me Offer Any Advantages?

Work-related personal injury claims are complex and there are many legal pitfalls to avoid. On top of this, there are what is referred to as “pre-action protocols” that must be respected to ensure that a claim goes as smoothly as possible right from the outset. A personal injury lawyer has the necessary expertise when it comes to representing injured parties in work-related claims which can speed up what can be a slow legal process.

Other advantages of working with a lawyer when filing an accident at work claim against your employer would include the following:

  • Your initial consultation with a personal injury lawyer would be free of charge and you would be under no obligation to proceed with a claim against your employer should you decide not to
  • Once satisfied that your claim is strong enough to win and that your employer failed to keep you safe while in their employment, a personal injury solicitor would begin investigating your claim without the need to request that you pay them any fees whether upfront or ongoing because they would represent you on a No Win No Fee basis
  • Your injuries would be examined by a chosen independent medical professional and it would be the detailed report they produce that would be used to determine just how much in the way of general damages you would be awarded whether through a court or by your employer’s liability insurers in an out of court settlement
  • You would be told of the amount of broken foot injury compensation you may receive in a successful claim as early as possible
  • If your broken foot injuries require ongoing treatment, surgery and/or therapy, a personal injury solicitor would ensure that interim payments are made to you until the final settlement is reached
  • A personal injury lawyer would ensure that the final settlement you are awarded is acceptable

A personal injury solicitor would also make sure that all ongoing treatments and therapies that you may require would be included in the broken foot compensation you receive.

Could I Lose My Job If I Claim Broken Foot Compensation From an Employer?

If you are fired from your job because you seek compensation for a broken foot injury you sustained in the workplace, your employer would be acting unlawfully. There must be another “valid” reason for sacking you and if there is not, you could seek further compensation from your employer. It is also worth noting that an employer cannot imply that you could lose your job or that you could be made redundant for filing a personal injury claim because this too would be deemed as an employer acting unlawfully towards you.

Would a Personal Injury Lawyer Represent Me On a No Win No Fee Basis?

As previously mentioned, once a personal injury lawyer believes you have a strong case against a negligent employer and that you could receive broken foot compensation whether in an out of court settlement or because your case goes before a judge, they would investigate your accident at work claim on a No Win No Fee basis. This means that you would not have to pay any fees whether it is a retainer to the solicitor or ongoing payments as your broken foot injury claim progresses.

All the worry of finding funds to pay for the legal advice and representation needed when making an accident at work claim is taken off your shoulders which allows you to focus on your recovery. No Win No Fee lawyers take on the risk of losing a claim which means that should your claim not succeed you would not pay the “success fee” as laid out in Conditional Fee Agreement. The only time you pay the solicitor is when you are awarded broken foot at work compensation and the amount is taken from the amount you receive.

Informative Links

If you suffered a broken foot in an accident at work and would like more information on the laws that protect you in the workplace, the following link provides essential reading on the topic:

More about the laws that protect you in the workplace

If you would like more information regarding surgery on a broken foot, the following link provides valuable reading on the topic:

More about surgery on broken bones

Employee Injury At Work Advice