If you suffered a broken shin bone in an accident at work, you may be able to seek compensation for the injuries you sustained and the losses you incurred as a direct result of the injuries you sustained. This type of leg injury is not only extremely painful, but it can put you out of action for a considerable amount of time. In short, you may be put under financial pressure during your recovery if you broke your shin bone in a workplace accident.
To find out whether your broken shin at work claim would be valid and whether you would be able to receive compensation from an employer who could be deemed liable for the injuries you sustained, please read on.
The Definition of a Broken Shin Bone
Your shin is the largest bone found between the knee and ankle in the lower portion of your leg. The medical term for a shin bone is “tibia”. If you suffer a broken or fractured shin bone, it can lead to all sorts of complications if not treated straight away and correctly. There are different types of injuries to a shin bone which includes the following:
- Hairline fracture
- Displaced fracture
- Spiral fracture
- Compression fracture
- Multiple fractures
As previously mentioned, any sort of fracture to a shinbone could put you out of action for months and if there are any complications, you may be left with a permanent disability which means you may not be able to work and bring in your normal wage again. Filing an accident at work claim against a negligent employer would ensure that you are not put under any sort of future financial pressure.
The Most Common Workplace Accidents Resulting in a Broken Shin Bone
You can suffer a broken shin bone in the workplace in several ways, but the most common accidents at work that result in this type of serious leg injury include the following:
- Slips, trips and falls onto hard surfaces
- Falling awkwardly on a slippery surface
- Falls from heights when working at higher levels
- A heavy item falls from a height because it is stacked incorrectly
- Being crushed by a moving object/vehicle, an example being a forklift truck in the loading bay
If you sustained a broken shin bone at work and think your employer was responsible for the incident because of their negligence, you should contact a personal injury lawyer who would establish whether your claim is valid. Once this is determined, the solicitor would begin working on your case and would typically do so without requesting that you pay them a retainer or any ongoing fees as your case progresses either.
Would My Broken Shin Bone Claim Against an Employer Be Valid?
Providing you have enough evidence to prove that the accident at work that left you with a broken shin bone could have been avoided and that your employer could be held liable, your claim would be valid. Other criteria that must be met when filing a personal injury claim against a third party includes the following:
- That the workplace accident occurred in the last three years
- That you were acting responsibly when the incident happened
- That a fellow worker could be held responsible because of an error or misjudgement on their part, in which case your employer could be deemed liable because they are responsible for the actions and behaviour of all employees in the workplace
It is worth noting that even if you believe that you could be partly liable for the broken shin bone injury you sustained, your employer could also be deemed partly responsible which in legal terms is referred to as “contributory negligence”. As such, you should discuss your case with a personal injury lawyer who would determine what level of responsibility would fall to you and what level would fall to your employer. The amount of broken shin compensation you would be awarded would reflect your level of responsibility for the injuries you suffered in the workplace.
What Level of Broken Shin Compensation Could I Receive?
The level of broken shin compensation you may be awarded in a successful claim would reflect the seriousness of your injuries and how they negatively impact your overall health and future ability to work. General damages are awarded to compensate you for the pain, distress and loss of amenity your broken shin bone caused you. The Judicial Guidelines set out how much you may be awarded in general damages for injuries you sustained in the workplace.
However, on top of the general damages you may be awarded, you would also receive what is referred to as “special damages” which compensate you for all expenses and costs you paid out as a result of having suffered a broken shin bone in an accident at work. Special damages are awarded in a successful broken shin bone claim for the following:
- Your medical expenses which includes treatments, therapies, prescriptions, medical aids and any other items that you require to aid your broken shin bone recovery
- Your travel expenses which includes getting to and coming back from treatments/therapies whether at a hospital or other medical facility
- Care costs should you require help around the home during your recovery
- Home adaptations should your injury be such that your house needs to be modified to accommodate you
- All other costs related to the injuries you sustained
Because special damages are based on “actual expenditure”, it is essential that you hold onto all of your receipts which would be required as proof when calculating the amount of broken shin at work compensation you may be awarded.
Examples of the amount you may receive in a successful claim are as follows:
- For a simple fracture to your shin, you may be awarded anything from £2,200 to £8,000
- Where surgery is necessary to insert a steel rod to repair damage done to a shin bone which could lead to an inability to walk, you may be awarded anything from £8,000 to £24,500
- For severe multiple fractures to a shin bone which results in continuous discomfort and disability, you may receive anything from £24,500 to £74,000
The above figures are provided as a guideline only bearing in mind that all personal injury claims are unique which in short means, you may be awarded less or more than the amounts indicated above.
What Evidence is Needed to Prove My Broken Shin Bone Claim Against an Employer?
The evidence that you would need to provide when filing a broken shin claim against your employer would include the following:
- An official record of the accident at work that left you with a broken shin bone. This could be the record that was reported in the workplace Accident Report Book, or a personal email detailing the incident that was sent to your employer, or in a letter that you sent to your employer
- An official medical report detailing the extent of the injuries you suffered. The report could be one provided by the doctor who treated you in the Accident Emergency department of your local hospital or your own GP. You can request a copy of the medical report which you would need when filing a broken shin bone claim against your employer
- Photographs of your injuries which ideally should be taken before you receive any treatment
- CCTV footage if available. You can request a copy of the CCTV footage from your employer which they must provide
- Witness statements and their contact details
The more evidence you can provide, the stronger your broken shin bone claim against an employer would be. If you contact a personal injury lawyer, they would provide invaluable information relating to the kind of proof you need to strengthen a claim which includes investigating whether any health and safety regulations were ignored which as a consequence led to the workplace incident that left you with a broken shin bone.
What Are An Employer’s Legal Responsibilities in the Workplace?
Your employer must abide by all the health and safety regulations and other laws that protect you in the workplace. Should an employer fail in their duty to keep you safe from harm and injury when you are carrying out jobs they task you to do or they fail to ensure that a work environment is safe and as a consequence, you suffer a broken shin bone in a workplace accident, your employer could be held liable and as such, you would be entitled to seek compensation for the pain, distress and loss of amenity you had to endure.
Your employer must ensure the following to keep you safe from harm and injury while you are in their employment:
- That you were made aware of all working practices and procedures
- That you were made aware of any risks and hazards in a work environment
- That you were provided with adequate training to carry out a job safely and that ongoing training is organised on a regular basis
- That the machinery, tools and equipment that you use in a work environment is maintained in good working order
- That personal protective equipment (PPE) is available when needed and that it is kept in good condition and correctly stored
- That work environment risk assessments are regularly carried out to identity risks and hazards
When employers fail to make a work environment safe, it puts employees and other staff as well as visitors at greater risk of being involved in an accident at work that results in injury and as such, they could be deemed negligent in the legal duty to keep everyone safe while in their employment.
What are My Rights If I Suffer a Broken Shin Bone at Work?
All employees have rights which are protected in the UK and this includes when they are involved in an accident at work that leaves them injured. Should you sustain a broken shin bone in a workplace accident, you have the right to do the following:
- File a personal injury claim against a negligent employer
- Seek compensation for the injuries you suffered through no fault of your own
Should an employer attempt, threaten or imply that you may lose your job if you file an accident at work claim against them, they would be breaking the law and as such, you should seek legal advice from a solicitor who boasts expertise in employment law. You could be entitled to seek further compensation from an employer if they threaten you with redundancy/the sack, or they treat you unfairly/detrimentally by taking out more legal action against them.
Could I Lose My Job if I File a Broken Shin Claim Against My Employer?
Your employer would be acting unlawfully if they try to sack you because you choose to seek compensation by filing a broken shin bone claim against them. One of your “rights” is to seek compensation for injuries sustained in the workplace providing your case meets the specific criteria attached to personal injury claims against third parties.
An employer must have another good and valid reason for firing you and if they do not, you should seek legal advice from a solicitor who specialises in employment law. You could be entitled to seek more compensation by filing an unfair dismissal or a detriment claim against your employer if they choose to treat you unfairly because you seek compensation for injuries you sustained while carrying out your job for them.
Should I Sue My Employer If I Suffer a Broken Shin Bone in an Accident at Work?
All employers in the UK are legally bound to hold liability insurance. This insurance covers an employee or other person if they suffer any sort of injury or develop a health issue as a result of the work they are tasked to do by employers. The insurance provider must be a recognised company and the policy must meet the legal requirement which is £5 million.
When you suffer a workplace injury that leaves you unable to work and bring in a normal wage, it can put you and your loved ones under a tremendous amount of financial pressure. Seeking compensation for workplace injuries is one of your rights and it is your employer’s insurance provider that deals with all aspects of your claim. Rhis includes paying out the broken shin bone compensation you would be awarded in a successful claim against your employer.
The majority of personal injury claims are settled before a case goes to court more especially if the claim is not disputed. Should your employer deny responsibility for the injuries you sustained while in their employment, a personal injury lawyer would investigate whether this is the case. Most of the time it is an employer’s insurance provider who recommends that a claim be disputed and it usually only takes an official solicitor’s letter to encourage employers to change their minds.
Is There a Time Limit Associated with Broken Shin Bone Claims?
The statutory time limit to filing a personal injury claim is 3 years but the time that it starts can differ according to the circumstances surrounding the workplace accident in which you sustained a broken shin bone. The strict 3 year time limit that you must respect starts as follows:
- From the date you suffered a broken shin bone in an accident at work
- From the date you turn 18 years of age, should the workplace incident that left you injured have occurred before this date
- From the date a medical professional diagnosed you as suffering from a health issue that they directly link to the broken shin bone you suffered in the workplace
What Benefits Would I Get From Working with a Personal Injury Solicitor?
Personal injury claims are often complex more especially if you suffer a severe injury that takes a long time to heal or because the injury leaves you with a disability. A solicitor boasts vast experience when it comes to filing accident at work claims for employees and other workers who suffer injuries while they are at work. The advantages of having a personal injury lawyer represent you includes but is not limited to the following:
- You would be offered a free, initial, no obligation consultation which allows a personal injury lawyer the chance to assess whether you have a strong case against an employer who could be held responsible for the broken shin bone injury you suffered in the workplace
- Your injuries would be examined by an independent medical professional and their report would be used as the basis for calculating the amount of broken shin bone compensation you are awarded in successful claim against a negligent employer
- The lawyer would work on your case on a No Win No Fee basis which means that all financial pressures are taken off the table. Should you lose your claim against an employer, you would not have to pay the solicitor the “success fee” that is written into the No Win No Fee agreement
- A personal injury lawyer would inform you at the earliest opportunity how much you may expect to receive in the way of broken shin bone compensation
- Solicitors are able to gain access to legal libraries which they can reference when investigating your broken shin bone at work claim against an employer
- Solicitors respect the pre-action protocols that must be met when filing personal injury claims against third parties which can help speed up what is very often a longer, complex legal process that insurance companies like to slow down
- The solicitor working on your behalf would handle all aspects of communications between your employer and their insurers from the outset to ensure that legal pitfalls are avoided
- Should your case be complex and therefore a final settlement is longer to reach, a personal injury lawyer would work hard to ensure that you are awarded interim payments so that you are not put under financial pressure as your claim against a negligent employer progresses
- The expertise of a personal injury lawyer working on your behalf when filing an accident at work claim against a negligent employer would ensure that you are awarded an acceptable level of broken shin bone compensation
One of the great advantages of having a personal injury lawyer represent you is that they would make sure that the cost of any ongoing, long-term therapy/treatment you may require would be included in the broken shin bone compensation you are awarded which in turn ensures that you would not have to be put under any financial stress due to your injuries in the future.
If you were involved in a workplace accident and sustained a broken shin bone and would like more information on No Win No Fee agreements with solicitors, please follow the link provided below:
If you would like a more in-depth look at an employer’s legal responsibilities towards employees and other staff in the workplace, the following link provides essential reading on the topic: