Studies have established that around 90% of all workplace accidents occur due too human error whether it is lapse of judgement or negligence on the part of an employer. Research has also shown that many work-related accidents occur due to something as simple as poorly maintained tools, equipment and machinery.
If you were involved in an accident at work and suffered a knee injury, you could be entitled to file a personal injury claim against your employer provided you can prove they were negligent in their duty to keep employees safe from harm in the workplace.
Are There Different Types of Workplace Knee Injuries?
Your knee is made up of many different bones, muscles, cartilage, ligaments and tendons which in short means there a lot of parts that make up the joint which can be injured. A knee injury can be extremely painful making it very hard for you to move should you suffer any sort of damage to the joint. Should you suffer a severe injury to a knee, the damage may even be permanent.
If you suffered an accident at work and sustained a knee injury, whether the damage is minor or more severe, you could be entitled to file a claim for compensation if you can prove the incident occurred through no fault of your own but rather due to employer negligence.
How is Knee Injury at Work Compensation Calculated?
A knee injury claim is typically calculated by factoring in two main factors which are as follows:
- The amount of pain and suffering you had to endure as a direct result of your injury and the knee injury recovery time
- The financial losses you incurred as a result of having suffered an accident at work that left you with a knee injury. This includes out of pocket expenses and any loss of earnings you incurred because you were unable to work either temporarily or more long-term. The amount you would be awarded would also include any expenses you incurred travelling to and from a hospital or other medical facility for treatments, physiotherapy and prescriptions
How Much Compensation Could I Be Awarded in a Work-related Knee Injury Claim?
The amount a court may award you in a successful knee injury claim would depend on the complexity and the severity of your injuries. A judge would take into consideration the length of time you were unable to work, whether the damage to your knee was permanent and whether you would be able to return to the job you did before you suffered a knee injury at work.
With this said, the average compensation that employees have receive for accident at work knee injuries in the past are detailed below:
- For sprains, twists and bruising to the knee, a typical average compensation pay out could be between £1,000 and £4,750
- For more serious knee injuries that result in ongoing pain and permanent damage, a typical average compensation pay out could be between £4,770 and £10,960
- For very serious knee injuries which includes dislocations and a torn meniscus, the average compensation pay out could be between £11,820 and £21,880
- For extremely severe knee injuries which includes fractures, breaks, torn cartilage and serious damage to the cruciate ligament, the average compensation pay out could be between £20,880 to £76,690
It is worth noting that all knee injuries suffered in the workplace are treated as unique, as such the amounts indicated above are just guidelines of the amount you may receive in a successful knee injury claim against a negligent employer.
Can I Get Free Advice On How Much Compensation I Could Claim For?
Working out how much compensation you might claim for a knee injury is best left to a personal injury solicitor, the following link https://www.legalexpert.co.uk/how-to-claim/knee-injury-claims/ will take you to a UK Legal Expert where you can get free advice through a live chat facility or request they call you back 7 days a week.
Employee Injury At Work Advice
What Are the Most Common Causes of a Knee Injury at Work?
You can suffer a knee injury in an accident at work for many reasons which includes slips, trips and falls in uneven surfaces. Studies have established that around 20% of all accidents at work occur due to uneven floors and ground surfaces as well as obstacles in the way which result in employees tripping over them. Spillages are also responsible for many workplace accidents that could leave you with a knee injury.
If you have to regularly work on a slippery surface at work, an employer must provide you with the correct anti-slip footwear to reduce the risk of you slipping, falling and injuring a knee in the workplace. Your employer has a duty of care to keep you safe from harm while you are work by carrying out the following:
- Regular risk assessments of the working environment to identify hazards and risk with an end goal being to put in place measures that reduce the risk of employees being injured
- To ensure the working environment is kept clean, tidy and safe for employees to work in
- To put up hazards signs where and when appropriated
- To ensure that employees receive adequate training whether it is using specialist equipment and/or machinery and when handling any harmful chemicals
- To ensure that all equipment and machinery is regularly serviced to a manufacturer’s guidelines
- To provide the correct protective clothing where necessary
How Do I Prove Liability For a Work-related Knee Injury Claim?
You must be able to prove that your employer was responsible for your knee injury because they failed in their duty of care to keep you safe from harm in the workplace. With this said, if you believe you were partly responsible for an accident that left you with an injured knee at work, you may still be able to file a successful personal injury claim against your employer. However, the amount you would receive in a successful knee injury claim would factor in the level of responsibility a judge deems you had in the incident occurring.
Knee injury claims can be complex more especially when it involves an accident at work. As such, it is far better to seek legal advice as early as possible, bearing in mind there is a 3 year time limit associated with all personal injury at work claims. Three years may sound like enough time but gathering all the evidence and medical reports can take longer than you may first think and working with a specialist personal injury lawyer means you receive all the right legal advice and representation from the outset of your knee injury claim.
What Should I Do If I Suffer a Work-related Knee Injury?
If you suffered an accident at work that left you with a knee injury whether minor or more severe, there are specific steps you should take following the incident:
- Seek medical attention as soon as possible
- Report the incident to your employer or person in charge as quickly as possible. If you are unable to do so because of your injuries, you should ensure a work colleague reports the accident on your behalf
- Make sure the incident is recorded in the Accident Report Book and if there isn’t one in the workplace, make sure you write down all the details of the accident, the time and where the incident occurred and the extent of your injuries which you should send to your employer keeping a copy for your own records
- Take as many photos of where the accident occurred and your injuries
- Get witness statements which should include their contact details
- You should also find out whether similar accidents have occurred in the workplace which would strength a knee injury claim against a negligent employer
The more evidence you can provide a court when filing a knee injury claim, the more chance you have of winning your case and being awarded a level of compensation that reflects the pain, suffering and financial losses you had to endure through no fault of your own.
Should I File a Claim for a Work-related Knee Injury Against My Employer?
A lot of employees are nervous when it comes to filing any sort of personal injury claim against their employers. The reason being they worry that an employer might sack them or they could be discriminated against by their fellow workmates. However, any employee who suffers a knee injury at work, has every right to seek compensation for the pain, suffering and financial losses they incurred by filing a personal injury claim against a negligent employer.
What is the Time Limit Associated With a Work-related Knee Injury Claim?
As with all personal injury claims, you have 3 years to file a knee injury claim against your employer. As previously mentioned, it is best to seek legal advice as soon as possible because you would need to gather as much evidence and proof that your knee injury occurred in the workplace through not fault of your own which can be extremely time consuming.
A solicitor who works on accident at work personal injury claims reduces the risk of running out of time when filing a knee injury claim against a negligent employer. With this said, if you sustained your knee injury when you were under the age of 18, the time limit for filing a personal injury claim against your employer would start from the date you turn 18.
Working With a Personal Injury Solicitor on a No Win No Fee Basis
If you choose to file a knee injury claim against your employer, you should seek legal advice as soon as possible. A solicitor who specialises in personal injury claims that involve accidents at work would assist you in gathering all the evidence needed for your case to be successful whether your claim goes to court or if it is settled before it gets to court, which is referred to a “settling out of court”.
A solicitor would offer a free initial consultation which allows them the opportunity of assessing your case and establishing whether your employer failed in their duty to keep you safe from harm in the workplace.
Once a solicitor determines that you have a strong claim against a negligent employer, they would typically offer to work with you on a No Win No Fee basis taking all the worry and stress of finding the money to pay for legal representation when you need it the most following an accident at work.
You would be asked to sign a Conditional Fee Agreement (CFA) which is a legal contract that sets out the terms and conditions of the agreement and the percentage you would pay if your knee injury claim is successful, this is often referred to as a “success fee”. Should your claim not be successful, you would not have to pay anything at all for the legal representation your received.
The percentage you would pay the solicitor on a successful knee injury claim is deducted directly from the amount of compensation you are awarded in a final settlement which in short, means you would never be out of pocket when filing a knee injury claim against a negligent employer.