You can sustain an ankle injury in the workplace for a multitude of reasons and it is the type of injury that is commonplace. Although you can damage your ankle carrying out normal everyday things, there are occasions when your injury may occur due to the negligence or mistake of a work colleague or your employer. In either case, you could be entitled to file an ankle injury claim against a negligent employer and be awarded a level of compensation that not only suits your injury but which compensates you for the pain and suffering you had to endure through no fault of your own.
When Can I Not Claim Compensation for an Ankle Injury at Work?
If you injure your ankle because you made a wrong movement, sudden movement or misstep, you may not be able to file an ankle injury claim against your employer. However, it is always a good idea to discuss a work-related accident with a personal injury solicitor who would be able to assess your case offering essential advice on whether you have grounds to file an ankle injury claim against a negligent employer.
When Can I Claim Compensation From My Employer for an Ankle Injury?
If you suffer an ankle injury at work through no fault of your own, you could be entitled to file a personal injury claim against your employer. An example being that if the accident involved a slip, trip or fall because there were no warning signs on a slippery or hazardous floor, your employer could be held liable through negligence.
Are There Different Types of Work-related Ankle Injuries?
There are various ways you could injure your ankle in the workplace and because ankles are made up of many bones, ligaments and tendons, there are a number of injuries you could sustain which are detailed below:
Even damaged tendons and ligaments that make up your ankle when damaged can cause a lot of pain and could prevent you from working. Minor injuries to an ankle can restrict movement and could take several days to weeks to heal. More serious ankle injuries that involve broken bones or dislocations, can prevent you from working for a lot longer and could even mean you suffer permanent damage to the affected ankle.
How is the Compensation for Work-related Ankle Injury Calculated?
The amount of compensation you may receive in a successful ankle injury claim would depend on the complexity and severity of your injury. The two main criteria that a court would take into consideration are as follows:
- The financial expenses you incurred as a direct result of your ankle injury
- The pain and suffering you had to endure through no fault of your own
The financial expenses you may be awarded would be to include the following:
- Medical treatment you had to undergo whether short-term or long-term
- Physiotherapy you had to undergo to make a recovery if possible
- Medical expenses you incurred
- Travel expenses to and from a hospital or other medical facility to receive your treatments
- Loss of earnings because you are unable to work for a period of time
- Loss of future earnings if your ankle injury prevents you from carrying out your normal job
It is worth noting that all ankle injury claims are unique and as such you would be awarded a specific amount of compensation that would reflect the complexity and severity of your ankle injury which resulted in pain, suffering and out of pocket expenses incurred.
How Much Compensation Could I Be Awarded for a Work-related Ankle Injury?
As previously mentioned, the amount of money you may be awarded in a successful ankle injury claim would depend on the severity of your injury, the amount of damage that is done to your joint, how long it would take to heal and if your injuries are such that you suffer permanent damage. Examples of compensation you may receive are detailed below:
- Minor ankle injuries which includes tears, sprains and minor fractures/breaks £4,390
- Damaged Achilles tendon whether minor or more permanent damage £5,800 to £30,630
- Broken or fractured ankle which results in surgery resulting in restricted movement or permanent damage £24, 950 to £39,910
- Very severe ankle injuries that leave you with a deformed leg and/or permanent loss of mobility up to £55,560
It you suffered an extremely severe ankle injury, you could be awarded as much as £61,110 for your pain, suffering and financial losses.
Should I Make a Work-related Ankle Injury Claim Against My Employer?
Many people find it awkward when it comes to filing personal injury claims against their employers for fear of being discriminated against by fellow work colleagues. They also worry that an employer may fire them for doing so. However, if you suffer any sort of injury in the workplace which includes an ankle injury and the incident happened through no fault of your own, you have every right to file for compensation through the courts by filing a personal injury claim because of an accident at work. It is unlawful for an employer to treat you unfairly or to fire you because you file an ankle injury claim against them.
Can Anyone File a Work-related Ankle Injury Claim?
All workers whether full-time, part-time, temporary, agency or contractors would be entitled to file a personal injury claim against an employer if they suffer an injury in the workplace through no fault of their own.
If you are a temporary or agency worker, you have every right to claim compensation from an employer for your ankle injury unless the agency you work for boasts more responsibility or control of your role in the workplace which includes ensuring you are provided with sufficient training and necessary equipment to carry out your role for an employer on a temporary basis.
If you are self-employed and sustain an ankle injury in the workplace, an example being that you are an electrician, plumber or some other type of worker and you are employed on a building site, the operator/owner of the site could be held liable due to negligence having failed to keep the working environment safe.
Is My Employer Legally Responsible for My Work-related Ankle Injury?
All employers in the UK have a duty of care under the law to keep you safe from harm in the workplace. Should your employer fail in their duty, and you are injured as a direct result of their negligence, you could be entitled to file a personal injury claim against them. Your employer must do the following under UK law:
- Ensure the working environment is kept clean, tidy and safe for you to work in
- To carry out regular risk assessments to identify dangers and hazards in the workplace with the end goal being to take necessary steps to limit the risk of employees being injured whilst at work
Your employer’s responsibility as defined by the Health and Safety Executive is as follows:
- To ensure that all employees and other people are protected from harm and to control risks and hazards in the workplace
As such, your employer must do the following under the law:
- Ensure the workplace is kept clean, tidy and safe for you to work in
- That all employees are provided with suitable equipment, tools and protective work wear to safely carry out their daily jobs
- To ensure that all employees are correctly trained to do their jobs
Consult a Solicitor who provides Free Legal Advice
If you have any doubts, questions, or concerns about claiming compensation from your employer you should seek the advice of a personal injury solicitor who provides free legal advice. Even better is if you can get the advice immediately which is possible by visiting this link https://www.legalexpert.co.uk/how-to-claim/ankle-injury-compensation/ where you will find a live chat service or a freephone number if you prefer talking by phone, 24/7.
Can I Still File an Ankle Injury Claim if the Incident Was Caused by a Work Colleague?
If you sustained your ankle injury due to an error or lapse of judgement on the part of a work colleague, you could still be able to file a claim for compensation from your employer. The reason being that employer may still be held responsible for your work colleagues’ actions which is known as “vicarious liability”.
Can I File an Ankle Injury Claim Against my Employer of I Was Partly Responsible?
Whenever you suffer an injury in the workplace, it is worth discussing your case with a personal injury solicitor even if you think you were partly responsible for a work-related accident. If it is found that you shared liability with your employer for your ankle injury, the amount you may be awarded in a successful personal injury claim would reflect the level of responsible a court has ruled you had in causing the accident.
An example being that if a judge rules you bear 25% of the responsibility, you would receive 25% less compensation than if your employer was 100% responsible for you having suffered an ankle injury at work.
What Are My Rights Following an Ankle Injury in the Workplace?
As an employee, you have many rights following an accident at work that left you with an ankle injury which are detailed below:
- That you are awarded a level of compensation that reflects the severity of your ankle injury and the amount of time it takes you to recover
- That your job is safe because your employer can not under UK law sack you for filing an ankle injury claim against them
Under UK law, all employees must be treated fairly in the workplace which includes when they are involved in an accident that leaves them injured.
What Can I Include in a Work-related Ankle Injury Claim?
There are specific things that can be included in an ankle injury claim which includes the following:
- The pain and suffering you had to endure
- The medical expenses you incurred
- Your loss of earnings
- Any loss of future earnings
- Loss of amenity (the extent that your ankle injury negatively impacts your personal daily life
- Travel expenses you incurred as a direct result of your injuries
- Care costs should you need assistance around the home or if you need to go into a care home
Should your ankle injury be so severe that you have to undergo ongoing treatment and medical care, a personal injury lawyer may be able to get you an interim payment to cover any out of pocket expenses you incurred before a court awards you a final settlement.
Preventing Accidents And Ankle Injuries In the Workplace
As previously mentioned, all employers in the UK must carry out regular risk assessments of working environments to identify any risk and hazards that their employees may have to contend with while carrying out their normal daily tasks. Having identified the risks, an employer must set in place measures to reduce the chances of an employee or visitor being injured in the workplace.
Should an employer fail to carry out regular risk assessments and you suffer an ankle injury as a direct result of their negligence, you could be entitled to file a personal injury claim against a negligent employer.
How Do I File a Claim for a Work-related Ankle Injury?
Filing a personal injury claim against an employer can be a stressful, long-drawn out legal procedure that costs a lot of money which is why many people today choose to seek advice from solicitors who are willing to work with them on a No Win No Fee basis. This takes all the financial pressure of finding the funds to pay for legal representation when you need it the most.
You would sign a Conditional Fee Agreement (CFA) which is a legally binding contract that not only sets out the terms and conditions of the agreement but the agreed percentage that is referred to as a “success fee” because you would only have to pay for the legal representation you receive if your ankle injury claim is successful. Should your claim not be successful, there would be nothing to pay at all.