If you were involved in an accident at work and suffered a broken jaw as a consequence, you could be entitled to seek compensation for the pain and distress you endured. However, for an claim to be valid, you would need to provide enough proof that the incident that left you injured occurred through employer negligence or due to the error of a fellow employee. To find out more about filing a broken jaw at work claim and whether your case would be successful, please read on.
The Different Types of Broken Jaw Injury
If you suffered a broken jaw in a workplace accident, it can have long-term, serious consequences on your health and overall well-being. The symptoms that are often associated with a broken jaw include the following:
- Issues opening and closing your mouth
- Problems when it comes to chewing
- Brushing your teeth is harder
- You suffer facial numbness
- Your teeth may be damages
- You could be disfigured
Typical Causes of a Broken Jaw in the Workplace
The most typical accidents that result in a broken jaw involve some kind of facial trauma which includes the following:
- A slip, trip and fall accident
- Collision with a moving vehicle, machinery or equipment
- Falling from a height
- A heavy items falls on you from above
The most common jaw injuries and consequences of suffering a broken jaw include the following:
- Dislocated jaw
- Torn muscles, ligaments and tendons
- Nerve damage
- Temporomandibular disorder which negatively impacts your ability to chew
- Cancer of the jaw
If you suffer any of the above injuries to your jaw, the consequences can be devastating and you may not be able to bring in your normal wage during your recovery. Should your injuries be extremely severe and therefore life changing, you may not be able to work again and as such, seeking compensation for the pain and your loss of ability to work could help you and your loved ones overcome a traumatic time.
Would My Broken Jaw Injury Claim Be Valid?
Providing your broken jaw claim meets the following criteria, you should be able to file a personal injury claim against your employer and seek a level of compensation you deserve:
- That you suffered your broken jaw injury in the last 3 years (this is longer where children are concerned)
- That negligence on the part of an employer can be established – or that your injury happened due to the error of a fellow worker, in which case your employer could still be deemed liable
Employers are responsible for the actions of all employees and other staff in the workplace and as such, should you suffer a broken jaw at work because a fellow worker made a mistake, your employer could be held liable.
Would My Broken Jaw Claim Against an Employer be Successful?
As long as you can provide enough relevant evidence that you suffered a broken jaw in the workplace through no fault of your own but through employer negligence or because of the error/misjudgement of a fellow employee, the chances of your claim being successful are high.
A personal injury solicitor has the expertise required to establish whether employer negligence can be proved and would let you know at the earliest possible opportunity how much broken jaw compensation you may be entitled to receive in a successful claim against a negligent employer.
How Much Broken Jaw Compensation Could I Receive?
The amount of broken jaw compensation you may receive would depend on several factors which includes the following:
- How severe the injury to your jaw happens to be
- How long it would take you to recover from a broken jaw
- Whether your injuries are so severe, they are life changing
- The financial losses you incurred as a result of having suffered a broken jaw in the workplace
Compensation for accidents at work, like personal injury claims is divided into two specific categories which are as follows:
- General Damages are awarded as a way to compensate you for your pain and distress as well as your loss of amenity. As such, the way general damages are calculated is based on the severity of the broken jaw injury you sustained and how it will negatively impact your overall health and well-being. An example of the amount of broken jaw compensation you may receive for an injury that does not require any sort of surgery to make things right, could be in the region of £4,250. However, should your injuries be extremely severe, you could be awarded a lot more which could be up to £33,000 plus
On top of the general damages you would receive, you would also be compensated for your losses which would come under the special damages awarded in a successful claim. Special damages are calculated on “actual” expenses. As such, it is essential that you keep all the receipts for the following:
- Travel costs – this includes whether you go by car, train, bus, taxi or other means to receive treatment and therapy for the broken jaw injury you sustained in the workplace
- Medical expenses – this includes prescriptions and all other medical costs you incurred as a direct result of your broken jaw
- Care costs – are awarded should you require assistance in the home during your recovery from a broken jaw
- Medical aids – all aids that are needed because you suffered a broken jaw
It is important to keep all the receipts relating to your expenses and other costs that you incurred because these would be needed as proof of your out of pocket expenses when you file a broken jaw injury claim against your employer and would be used to calculate the special damages you may be awarded.
Should I Sue My Employer For a Broken Jaw?
If you can prove employer negligence for the accident at work that left you with a broken jaw, you have the right to seek compensation for all the pain and suffering you endured. Employers must by law hold liability insurance to cover accidents in the workplace as well as work-related health issues that employees may develop because of the work they are tasked to do.
The insurance policy must be issued by a recognised insurance company and employers should display the certificate where it can be clearly seen in the workplace. If you are injured at work and request details of your employer’s insurance, your boss or person in charge must give you the details in a timely manner. It is the insurer who would handle all aspects of your broken jaw claim against an employer and it is the insurance company that would pay out the compensation you are awarded.
Most personal injury claims are settled before they go to court but should your employer deny liability, you may have to attend court but a personal injury lawyer would assess the strength of your claim before recommending that you file a court action against your employer. Very often, it only takes a letter from a personal injury lawyer for an employer to change their minds and to accept responsibility for the injuries employees suffer in which case, a final settlement can be reached much faster than if the claim goes before a judge.
What are My Workers Rights If I Suffer a Broken Jaw at Work?
If you suffer a broken jaw at work, you have worker’s rights which includes being able to do the following:
- Seek compensation for the injury you suffered by filing a personal injury claim against your employer
- Not to worry that you could be sacked if you file an accident at work claim
If an employer applies any sort of pressure on you which includes threatening or implying that you could be sacked for seeking compensation for the broken jaw you suffered, they would be acting unlawfully which in short, means you could seek further compensation from them by filing more legal action. This includes making a detriment claim or if you are sacked, an unfair dismissal claim too.
Does An Employer Have Responsibilities Towards Employees in the Workplace?
Your employer must by law ensure that you are protected from harm and injury while you are carrying out the work you are tasked to do for them whether this is onsite or in the case of a building site, offsite. There are health and safety regulations and other laws that protect you when you are at work which all employers must respect. If an employer fails to do so or they ignore the law or they insist you take short cuts so that a job can be completed faster and as a consequence you are involved in a workplace accident that leaves you with a broken jaw, they could be held in breach of the law.
Your employer’s responsibilities towards all employees include the following:
- That all employees, workers and other staff are sufficiently trained to do the jobs they are tasked to do and that ongoing training is provided
- That all tools, machinery and equipment is kept in good working order
- That risk assessments are carried out routinely to identify risks and hazards in the workplace and to set in place reasonable measures to reduce the chance of accidents occurring
- That all employees, workers and other staff are made award of working procedures and practices which they must abide by to reduce the risk of an accident happening
- That personal protective equipment (PPE) is made available to all employees, workers and other staff when needed to carry out a job safely
If an employer chooses to ignore or to bypass any of the laws that protect you in the workplace and you suffer a broken jaw, they could be deemed responsible because they failed to keep you safe from harm while in their employment. As such, you would have every right to seek broken jaw compensation by filing an accident at work claim against your employer.
Are There Any Benefits to Working With a Solicitor on a Broken Jaw Claim?
Accident at work lawyers have the legal expertise when it comes to dealing with liability insurance providers who are known to be slow when it comes to responding to official letters that are sent to them relating to personal injury claims. Solicitors understand and respect the pre-action protocols which can help speed up what is often a lengthy legal process. Other advantages that a personal injury lawyer can provide includes the following:
- You would be offered a free, initial consultation with a personal injury solicitor which allows them to assess whether you have a strong claim and that your employer could be held liable for the broken jaw you suffered
- Once you sign a Conditional Fee Agreement (CFA), it allows the solicitor to commence working on your broken jaw claim without asking you to pay an upfront fee. There would be no ongoing payments to find as your case progresses either whether it has to go to court or an out of court final settlement is reached
- A personal injury solicitor would be in a position to let you know as soon as possible as to the amount of broken jaw compensation you may receive
- The solicitor would ensure that your broken jaw is examined by an independent doctor who would produce a medical report that would be used as a basis for the amount of general damages you receive
- The solicitor would ensure that you are awarded a level of compensation that is acceptable and fair
- Should your case be complex and your injuries severe, a lawyer working on your behalf would request that interim payments are paid right up till when you receive an agreed final settlement
- If you need ongoing therapy and treatment for your broken jaw, the solicitor would make sure that the cost is included in the amount of special damages you are awarded in a successful claim
Personal injury lawyers have vast experience in managing claims for injured parties and work hard to ensure that all the evidence that is required is gathered in a timely manner to prevent any unnecessary legal delays which could be a set back when it comes to reaching an acceptable final settlement on a broken jaw at work claim against a negligent employer.
What Is The Time Limit To Filing a Broken Jaw Claim Against My Employer?
If you want to make a broken jaw at work claim against your employer, you would need to do so within 3 years which is the statutory time limit that is associated with all personal injury claims. However, when the statutory time limit begins can differ depending on what circumstances surround the injury you sustained in the workplace which is as follows:
- If you suffered a broken jaw while you were at work prior to your 18th birthday, the 3 year statutory time limit would begin from the day you are 18 years old
- If you are diagnosed as suffering from a health issue that a doctor can link to the broken jaw injury you suffered, the statutory 3 year time limit would begin from the date you were diagnosed
- The 3 year statutory time limit begins from the date you suffered a broken jaw at work
Although 3 years seems like plenty of time to make a personal injury claim, it is far better to begin a claim against a negligent employer as soon as possible. The reason being that should your employer deny liability an accident at work lawyer could recommend that you file a lawsuit against them but only if they believe you have a very strong chance of winning your case through the courts. Gathering all the evidence needed takes time and a lot of effort, and investigating the circumstances surrounding the workplace incident that left you with a broken jaw can also take up a lot of time too.
Other proof that would be required and which can take time to gather includes the following:
- Specialist medical reports on the injuries you sustained and the prognosis
- Witness statements
On top of this liability insurance providers tend to drag their feet when it comes to replying to correspondence relating to your claim. Having the expertise of a personal injury solicitor handle your claim means that pre-action protocols are respected which in itself can help speed up what is often a very lengthy legal process.
Would I Lose My Job if I Claim Compensation for a Broken Jaw at Work?
Part of your worker’s rights is the “right” to seek compensation from an employer should you suffer an injury in the workplace through no fault of your own. Even if you think you may be partly responsible, you should still contact a personal injury lawyer because your employer could also be deemed partly liable for the injury you suffered.
An employer cannot fire you because you file an accident at work claim against them nor can they imply you may lose your job or be made redundant. Should an employer act in this way towards you because you seek compensation from them, they would be breaking the law. As such, you should discuss your concerns with a lawyer who specialises in employment law because you may be able to file further legal action and seek more compensation from your employer.
Would a Solicitor Work on a No Win No Fee Basis on My Broken Foot at Work Claim?
If a personal injury lawyer believes that your employer could be held responsible for the broken foot injury you suffered in the workplace, they would represent you on a No Win No Fee basis which means that should you lose your claim, you would not have to pay them any legal fees.
However, if you win your accident at work claim against an employer, the success fee that is written into the No Win No Fee agreement you signed would be deducted from the amount of broken foot compensation you are awarded and would be done so directly the solicitor who represented you. In short, you would not have to worry about finding the “success fee” that would be due on a successful broken jaw claim against your employer.
If you suffered an injury in the workplace and would like to know more about your worker’s rights and health and safety regulations in the workplace, the following link provides essential reading on the topic:
If you would like to know more about reportable workplace accidents and injuries, the following link provides valuable information on the topic: