Your foot is made up of many small and larger bones, tendons, ligaments and joints making it a very complex structure that helps you keep your balance, it offers support and is essential when it comes to mobility. When you suffer any sort of foot injury, it can leave you unable to move and walk around due to the pain you experience.
If you were involved in a workplace accident that resulted in you suffering a crushed foot, it may prevent you from doing anything, including working. It could mean you are off work for weeks and even months. To find out more about the level of compensation you may be awarded for a crushed foot injury at work, please read on.
Would My Employer Be Liable for My Crushed Foot Injury?
For your crushed foot claim to be valid, you would need to provide enough evidence that the workplace accident could have been avoided if your employer had not failed in their duty to keep you safe from harm while in their employment. The incident may have been caused by a workmate, in which case, your employer could still be deemed liable because they are responsible for the actions of all employees in the workplace.
Even if you believe you may be partly responsible for causing the workplace accident that resulted in you suffering a crushed foot, you should still seek legal advice because a solicitor may deem that your employer could be held partly liable. In this instance, the liability would be split between you and your employer with the amount of crushed foot compensation you receive reflecting your level of responsibility for the injury you sustained.
What Evidence is Needed to Prove a Crushed Foot at Work Claim?
The more proof you can provide that your injury was sustained in the workplace through no fault of your own or because you were partly responsible, the stronger your case would be against your employer and the more chance you would have of working with a solicitor on a No Win No Fee basis. The evidence required to support your crushed foot claim would include the following:
- Photographs of where the workplace accident happened
- CCTV footage of the incident if available
- Photographs of the injury you sustained, preferably before you receive any treatment if possible
- Contact details of all the people who witnessed or were involved in the workplace accident that left you with a crushed foot
- A medical report of your injury which should be as detailed as possible this includes X-rays and other diagnostic tests that are carried out when you are taken to the Accident and Emergency department of a hospital
- The official record of the workplace accident, whether this is a copy of the report sent to RIDDOR, the record of the incident as detailed in the Accident Report Book or the letter or personal email that was sent to your employer
How to Start Your Crushed Foot Claim Against an Employer?
If you are thinking about filing a crushed foot claim against your employer but are unsure on how to proceed, a solicitor who specialises in this type of workplace injury case would be able to provide essential legal advice on how start your claim. Claims for workplace injury compensation can be complex legal processes that are pitted with legal loop-holes. There is a tremendous amount of “red-tape” involved in accident at work claims and as such, it is best to seek the aid of an experience solicitor who has vast experience in negotiating this type of complicated legal process to avoid losing out on the compensation you may rightly deserve.
A solicitor would assess the validity of your crushed foot claim against an employer and once they establish your case to be strong, they would typically ask you to enter into a No Win No Fee agreement with their firm of lawyers. This is also referred to as a Conditional Fee Agreement which is a legally binding contract that is signed by both you and the firm of solicitors who are going to represent you in your crushed foot claim.
How Much Compensation Could I Receive for a Crushed Foot at Work Injury?
The compensation you may be awarded in a crushed foot claim against an employer depends on the severity of your injury as well as how your life has been impacted. Your ability to work ever again would also be factored into the amount of crushed foot compensation you would receive. With this said, you would be awarded both general damages and special damages should your claim be upheld.
- General damages are awarded for the pain and suffering you had to endure which includes loss of amenity
- Special damages are awarded for all your out of pocket expenses which you incurred having suffered a crushed foot in the workplace
As a guideline, the Judicial College has published the level of compensation you may receive having suffered a crushed foot in the workplace. These amounts are listed below:
- Fracture to the metatarsal, ruptured ligaments, puncture wounds, you could receive up to £12,050
- Misplaced metatarsal fractures which results in a deformity, you could be awarded between £12,050 and £21,910
- Fractures to both feet with the risk of ongoing treatment and surgery, you could receive between £21,050 and £34,370
- Fractures to both heels, fractures to both feet, severe injury to one foot which results in a substantial disability, you could be awarded between £36,800 and £51,410
- Permanent damage together with severe pain, amputation of the forefoot resulting in permanent disability, you may be awarded between £71,620 and £96,150
- Amputation of one foot, you may be awarded between £73,620 and £96,150
- Amputation of both feet, you may receive between £148,540 and £176,660
The above crushed foot compensation amounts are provided as a guideline to the amount you may receive for an injury you sustained in the workplace, bearing in mind that all personal injury claims are treated as being unique. In short, the amount of crushed foot compensation you could be awarded if your claim is successful, may be more or less that the amounts indicated.
What Can Be Included in a Crushed Foot at Work Claim?
You would be awarded “general damages” and “special damages” in a successful crushed foot at work claim against your employer, bearing in mind that it would be your employer’s liability insurance provider who would handle your case and negotiate a settlement.
- General damages are awarded for the pain, suffering and loss of amenity you endured as a result of your workplace injuries
- Special damages are awarded to compensation you for all your out of pocket outgoings which you incurred as a result of having been injured in a workplace accident. This includes your travel and medical expenses as well as any other payments to had to deal with. You would need to provide receipts for all the expenses you incurred which would be factored into the amount of special damages you are awarded
Should your crushed foot injury be such that it prevents you from working again, this would be factored into the amount of compensation you are awarded in special damages. A solicitor working on your behalf would ensure that you receive a level of crushed foot compensation you would be entitled to having been involved in a serious accident in the workplace.
Should I Sue My Employer For a Crushed Foot Injury?
A lot of employees worry that having been injured in a workplace accident, they should not seek compensation from an employer for fear of losing their position in a business. Another worry is that by filing a crushed foot claim, it would put an employer under undue financial pressure. However, all employers must abide by the law which states they must hold valid liability insurance which covers them for such eventualities as employees and other people being injured in the workplace.
As such, it is not your employer who would have to pay the compensation you may be awarded, but their liability insurance provider who would handle your claim and deal with the compensation you seek for the crushed foot injury you sustained in the workplace.
Providing your employer does not dispute your claim, there is a high possibility that their insurance provider would negotiate an “out of court” settlement with the solicitor you choose to represent you in a crushed foot claim. Should your employer dispute your claim, a solicitor would investigate the “reasons” why they do not accept liability and to establish that they could be held responsible for the crushed foot injury you sustained while you were in their employment.
What are My Workers Rights Following a Crushed Foot Injury?
You have specific rights as an employee which means that should you be involved in any sort of accident at work that leaves you with an injury such as a crushed foot, you would be entitled to the following:
- Seek compensation from your employer for the injury you sustained through no fault of your own providing the incident occurred in the last 3 years through no fault of your own
- That your job is “safe” if you file a crushed foot at work claim against an employer
If your employer makes your working life difficult because you seek compensation from them or they threaten you in any way which includes saying that you may be made redundant if you file a personal injury claim against them, your employer would be acting illegally. As such, you should seek legal advice from a specialist employment lawyer who would provide essential information on whether this would entitle you to take further legal action out against your employer.
What Are My Employer’s Responsibilities in the Workplace?
Employers are legally bound to keep you safe from injury and harm while you are in their employer which they must do by putting in place all “reasonable” measures to reduce the risk of workplace accidents happening. Your employer must abide by all the legislation and laws that are set in place to keep employees and workers safe and if they fail to do so which results in you being injured in a workplace accident, they would be deemed liable for the injuries you sustain.
Your employer’s responsibilities in the workplace include the following:
- You are given adequate and appropriate training to carry out the jobs you are tasked to do and that the training should be ongoing
- That the tools, equipment and machinery you use in the course of your daily job, are kept in good condition and correctly serviced/maintained
- That risk assessments to identify hazards in the workplace are regularly carried out and to set in place reasonable measures to reduce the risk of you being injured or suffering any sort of harm
- That you have access to working practices and procedures which must be followed
- That the correct personal protective equipment is made available to you when needed and to ensure the equipment is correctly stored and maintained in good condition
What Are The Benefits of Working With a Solicitor on a Crushed Foot at Work Claim?
Accident at work claims can be complicated legal processes which use a lot of legal jargon and procedures that must be adhered to at all times. If you are unfamiliar with the legal process, it is all too easy to fall into the many legal pitfalls that exist. This could mean that your crushed foot claim against a negligent employer is rejected from the outset by an insurance provider. Working with a specialist accident at work lawyer reduces the risk of this occurring because a solicitor with vast experience of the legal process involved would investigate your claim, assess whether your case would be successful and when they are satisfied this to be the case, the firm of solicitors you contact would typically offer to represent you on a No Win No Fee basis.
The benefits and advantages of having a solicitor represent you on a crushed foot claim against a negligent employer, includes the following:
- The solicitor would contact your employer and their liability insurance providers by letter informing them of your intentions to seek compensation for the crushed foot injury you sustained in the workplace
- The solicitor would advise you on what evidence is required to validate and prove your crushed foot claim
- The solicitor would arrange for you to be examined by an independent medical professional who would provide a detailed report of the workplace injuries you sustained and how your life is impacted by your injuries. This report is key to the amount of compensation you may be awarded in a successful crushed foot claim
- An accident at work lawyer can reference legal libraries and base your claim on “precedents”
- Should your employer’s liability insurance provider fail to respond to an initial letter in a timely manner, the solicitor would begin court proceedings against them
- If your employer admits liability for the injury you sustained, the solicitor would negotiate a fair and acceptable level of crushed foot compensation for you
- A solicitor would arrange for you to receive ongoing treatment, therapies and rehabilitation
Is There a Time Limit to Filing a Crushed Foot Claim Against an Employer?
There is a strict statutory time limit to filing a crushed foot claim against your employer which is detailed below:
- 3 years from the date you were involved in a workplace accident that resulted in you sustaining a crushed foot injury
- 3 years from your 18th birthday, should the accident at work that left you injured have occurred prior to you being 18 years of age
Can My Employer Fire Me For Filing a Crushed Foot Claim Against Them?
You cannot lose your job because you seek compensation for a crushed foot injury that you sustained in the workplace. Your right to file an accident at work claim against an employer prevents you from being sacked for doing so. Should your employer fire you without any other good and valid reason, they could be breaking the law which could entitle you to take further legal action out against them which includes filing an “unfair dismissal” claim against your employer.
Would a Solicitor Be Willing To Work on a No Win No Fee Basis on My Crushed Foot Claim?
Once a solicitor is satisfied that you have a strong crushed foot claim and that your employer is liable for the injuries you sustained in the workplace, the firm of lawyers you contact would agree to represent you and would do so by signing a No Win No Fee agreement. In short, once you enter into the Conditional Fee Agreement (CFA), the solicitor would begin working on your case without the need of requesting that you pay them an upfront fee. There would be no ongoing fees to find as your claim progresses either which is one of the great financial advantages of working with a solicitor who specialises in accident at work claims of this nature.
Should you lose your claim, you would not have to pay the “success fee” that is detailed in the CFA you signed because this is only payable when your crushed foot claim is upheld and you are awarded the compensation you seek with the amount due to the solicitor being deducted from the amount you are awarded.
To find out more about your employer’s responsibility to have liability insurance in place, please follow the link below:
If you would like to know more about claiming compensation from an employer, please follow the link below: