According to a Health and Safety Executive report around 600,000 workers suffer injuries while they are at work annually in the UK. If you were involved in a work-related accident and suffered a crushed toe, you may be able to claim compensation providing the incident happened in the last 3 years and you can prove employer negligence. To find out whether you may have a valid crushed toe at work claim against your employer, please read on.
Do I Have a Valid Crushed Toe Claim Against My Employer?
Your crushed toe claim would be valid as long as you can prove employer negligence and that the accident at work occurred in the last 3 years through no fault of your own. You would have to provide enough evidence that your employer did not keep you safe from injury in the workplace because they did not abide to Health and Safety Executive regulations and other laws that exist to keep employees safe while they are at work.
All employers in the UK have legal responsibilities to all the people who are in their employment whether permanent staff, temporary or agency workers and contractors who are under the “control” of an employer as well as visitors to a working environment. These legal duties include providing all employees and other people with the following:
- Adequate training to carry out a job
- Ongoing training must be given to all staff whether new employees or existing workers
- To provide the correct personal protective equipment when necessary so that workers can carry out a job safely
- To carry out regular risk assessments in the workplace and to set in place measures to reduce the risk of injury to both employees, other members of staff and visitors to a workplace
- To make sure that all tools, machinery and equipment is correctly maintained, serviced and replaced when necessary as per the manufacturer’s handbook and guidelines
- To ensure that all employees are provided with working practices and detailed working procedures
If an employer does not abide by the regulations that exist to keep you safe and you suffer an injury, you have the right to seek compensation. Filing an accident at work claim is best done sooner rather than later because it can take a long time to gather all the evidence required to prove your case. As such, it is far better to seek legal advice from a lawyer sooner rather than later to avoid running out of time to file your claim.
What Are the Consequences of Sustaining a Crushed Toe in an Accident at Work?
If you suffer a crushed toe in an accident at work, not only is this an extremely painful and debilitating injury but it can lead to ongoing problems further down the line which includes suffering from arthritis. You may not be able to operate machinery and equipment if you suffered a crushed toe and it could prevent you from driving until you are fully recovered from the injury.
Other problems that could arise from having sustained a crushed toe includes the following:
- Damage to tendons
- Damage to ligaments
- Damage to soft tissue
- Fractured and broken bones
If your toe is extremely badly crushed, you may even have to have it amputated and if it is your big toe that is crushed beyond repair, it would severely affect your balance and ability to walk. Your injuries may be such that you are not able to carry out the job you did prior to being involved in an accident at work and as such your life could be changed forever.
What Are the Most Common Causes of Crushed Toes in the Workplace?
You can suffer a crushed toe in many ways while at work which includes being involved in the following accidents:
- A slip, trip and fall on uneven, wet, slippery and cluttered areas
- An item falls on your toe crushing it
- A work colleague drops an item on your foot and you are not wearing the correct protective footwear
- An item falls from a height on your foot and you are not wearing the right protective footwear
- Your foot is trapped while you are handling heavier loads or when you are operating machinery, tools and equipment
- A tool is dropped on your toe
If you sustained a crushed toe at work and you need time off work to fully recovery from your injury, you should discuss your case with an accident at work solicitor who would assess your claim before advising you on how best to proceed should they believe your employer could be held liable.
How Much Compensation Could I Receive in a Crushed Toe Claim?
The amount of compensation you may be awarded in a successful crushed toe claim would depend on the complexity as well as the severity of your injury together with how your ability to work is impacted. Every work-related personal injury claim is different and as such your case would be treated as unique. With this said, past successful crushed toe claims that have been filed against negligent employers have resulted in amounts being awarded from £7,050 for minor injuries right up to £41,250 for more serious crushed toe damage that seriously impacts your overall health and well-being.
Should your toe have to be amputated because the injuries are extremely severe and it is not possible to surgically put right the damage that has been done to the bones in your toe, you could be awarded as much as £27,450;
What Can I Include in My Crushed Toe at Work Claim?
As with all personal injury claims, when it comes to work-related injuries there are specific things that can be included which are divided into two categories, namely general damages and special damages.
Special damages are a lot simpler to calculate as they are based on actual expenses and other outgoings that you have to deal with as a direct result of having suffered a crushed toe in an accident at work.
General damages on the other hand, are more complicated when it comes to calculating just how much you may be awarded should your crushed toe claim be upheld by a judge or your employer’s insurance providers offer you an out of court settlement. The reason that general damages are harder to calculate, is that they are based on the severity and complexity of your injuries together with how much your life and ability to work may be negatively impacted.
With this said, it is essential that you keep all receipts and other paperwork relating to any expenses you incurred when planning to file an accident at work claim against your employer. These would be required when calculating how much compensation you are awarded whether your case goes to court or is settled out of court by the insurance providers. When contacting a lawyer who specialises in accident at work claims, you must be able to provide these receipts as evidence of all the out of pocket expenses you incurred as a direct result of having suffered a crushed toe while carrying out your job.
Should I Sue My Employer Because of a Crushed Toe at Work?
Crushed toes are generally treated as severe and debilitating injuries that can lead to other medical conditions developing further down the road and this includes arthritis. You may be off work for weeks and even months following an accident that leaves you with a crushed big toe. Your injuries could be so severe that it is impossible to surgically put the damage right and as a result your toe might need to be amputated. Not only does this mean enduring a lot of physical pain, but it can lead to psychological damage too.
As such, you have every right to seek compensation for the out of pocket expenses you incurred as well as all the pain and suffering you had to endure through no fault of your own but because your employer failed to keep you safe while you were in their employment. It is noteworthy that your boss would not have to pay the compensation you are awarded in a successful crushed toe claim because under UK law, they must have employer liability insurance and the policy must be provided by a recognised insurance provider. The cover must be a minimum of £5 million and the policy should be displayed where all workers and other people can see it.
Should an employer fail to have valid liability insurance cover in place, they could be fined up to £2,500 a day by the enforcing authority. If an employer refuses to show an authority their liability policy, they could be liable to another fine. As such, the majority of responsible employers would ensure that their policy meets all the legal requirements.
It is also worth noting that the majority of successful personal injury claims are settled before they are heard by a judge because insurance providers prefer to settle out of court. Should this be the case where your crushed toe claim is concerned, the compensation negotiations are best handled by a lawyer who boasts vast experience in handling accident at work claims.
What are My Workers Rights Following an Accident at Work?
Your employment rights are extremely protected in the UK and this includes your rights should you be injured in an accident at work that leaves you with a crushed toe. This means the following:
- That you can seek a level of compensation to suit the injuries you sustained in the workplace through no fault of your own
- That you cannot be sacked because you choose to make an accident at work claim against your employer
If you find that your employer does not agree with you filing for compensation for a crushed toe you sustained while in their employment, you should contact a solicitor who specialises in employment law who would offer essential advice on how to file a detriment claim against your employer.
Are There Any Benefits to Working With a Solicitor on a Claim?
There are many benefits to not representing yourself when filing a crushed toe claim and to seek legal advice and representation sooner rather than later. The benefits to working with a solicitor on an accident at work claim include the following:
- A solicitor would represent you on a No Win No Fee basis if they are satisfied you have a strong case against your employer
- You would not have to pay an upfront retainer or ongoing fees when working with a No Win No Fee solicitor
- The solicitor would communicate with your employer and their insurance providers as soon as you sign the Conditional Fee Agreement (CFA) with them
- The solicitor would arrange specialist medical reports on your injuries
- The solicitor would ensure you receive specialist treatment and therapies for your injuries should this be deemed necessary which could help speed up your crushed toe recovery time
- A solicitor has access to legal libraries
- A solicitor would ensure that you receive the level of crushed toe compensation you deserve by negotiating directly with your employer’s insurance providers
Is There a Time Limit to Filing a Crushed Toe Claim Against My Employer?
You would have to make your crushed toe claim within the statutory time limit associated with work-related personal injury claims. This time limit is detailed as follows:
- You have 3 years from the date you suffered a crushed toe in the workplace
- You have 3 years from the date you were diagnosed as suffering from a medical condition that can be directly linked to the injury you sustained
- You have 3 years from the date of your 18th birthday if you suffered an injury when you were under 18 years of age
Can My Employer Fire Me For Filing a Claim?
You cannot lose your job if you are injured in the workplace and choose to seek compensation from your employer. It is against the law for an employer to treat you detrimentally or unfairly if you do file an accident at work claim which could lead to further legal action being taken out against them. This includes filing a detriment claim.
If your employer threatens you with redundancy, they would be breaking the law and you could also file a constructive dismissal claim against them too. The majority of employers understand the implications of treating you unfairly when you are injured at work and would support you in your claim.
However, an unscrupulous employer may object to you seeking compensation by trying to imply you would either lose your job or be made redundant. If your employer does act in this way towards you, the best thing to do is to contact an employment law solicitor before doing anything you might regret later on.
Would a Solicitor Work on a No Win No Fee Basis on My Claim?
The start of an accident at work claim would involve signing a Constructive Fee Agreement with a solicitor otherwise referred to as a No Win No Fee agreement. This is a legal contract between a solicitor and you, the client which lays out the Terms and Conditions as well as the percentage you agree to pay but only if your claim is upheld and you receive the compensation you sought for the crushed toe injury you sustained.
One of the benefits of working with a No Win No Fee solicitor, is that there would be no upfront payment or ongoing fees to pay. Another financial advantage is that the “success fee” which is the percentage payable on a successful accident at work claim, is deducted directly from the amount you are awarded.
A solicitor would have to assess your claim and satisfy themselves that you have a strong case against a negligent employer before they would enter into a No Win No Fee agreement with you. But once this has been established, they would start representing you straight away by contacting both your employer and their insurance providers notifying them of your intentions to file an accident at work claim against them.
Should your claim not be successful, the agreed percentage would not have to be paid because of the No Win No Fee agreement you signed with the solicitor who represents you. It is worth noting that 95% of all successful personal injury claims both work-related and other, never go to court with settlements being reached by the insurer and the solicitor who handles your crushed toe at work claim.
Informative Links
To find out more about your employer’s responsibilities in the workplace, please click on the link below which takes you to the Health and Safety Executive website:
More about an employer’s responsibilities towards employees in the workplace
If you would like to know more about the time limits associated with personal injury claims, the following link takes you to the Citizen’s Advice website where you will find more information on the topic:
Personal injury claim time limit