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I Broke My Foot at Work, Can I Claim?

The Most Common Causes of Broken Foot Injuries in the Workplace

As previously mentioned, you could suffer a broken foot in a variety of ways while carrying out jobs you are tasked to do during a normal working day. However, the most common causes of this type of injury to the foot are as follows:

A trip, slip and fall incident
A heavy item falling on your foot whether from a height or not
Coming into contact with a moving vehicle or machinery

If you suffer a broken foot at work and you believe your employer could have done more to prevent the accident from happening, you should discuss your concerns with a personal injury lawyer who would agree to represent you on a No Win No Fee basis if they believe your case against an employer is strong.

The Consequences of Sustaining a Broken Foot in an Accident at Work

Your foot is made up of 26 bones any of which could be broken in an accident in the workplace. Any sort of foot injury could mean that you are unable to work and bring in your normal wage whether for days, weeks or months. A broken foot is a serious concern because if your bones are crushed, it can lead to a permanent disability. The result is that your job prospects are negatively impacted. If you have to undergo surgery to have pins inserted into your foot, there may be complications and the risk of infection is greatly increased.

If you suffer a broken foot at work and you can show that your employer was negligent and that they failed keep you as safe as possible in the workplace, you could file a personal injury claim against your employer and seek compensation.

What Complications are Associated with Broken Foot Injuries?

Because there are so many bones that make up a foot, 26 in all, it can result in several complications which includes the following:

Neurovascular and soft tissue damage
Blood loss
Localised contamination
Infections

The above are the initial complications associated with fractures and broken bones. However, there are delayed complications that may develop which includes the following:

Malunion – where the bones do not mend or knit correctly
Embolic complications
Osteomyelitis
Loss of function

Other risk factors that may result in complications occurring if you suffer a broken foot at work include the following:

The complexity of the fracture to the foot
The quality of treatment and management
Overall health and well-being
Age

If you develop any sort of complication having suffered a broken foot at work, it could mean that you would be unable to work for that much longer putting you under more financial stress. A personal injury solicitor would ensure that your losses are compensated in a successful broken foot injury claim.

How Do I File a Broken Foot at Work Claim Against My Employer?

If you strongly believe that the workplace incident that resulted in you sustaining a broken foot was the fault of your employer or a fellow worker, you should seek legal advice from a lawyer who specialises in accidents at work. The reason being that for a personal injury claim to be valid, you would have to provide sufficient evidence that an employer failed to abide by health and safety regulations which means they could be deemed liable for the pain and suffering you suffered whilst you were carrying out work for them.

What Evidence Do I Need to Provide in a Broken Foot at Work Claim?

When you are injured in the workplace, the evidence needed when filing a broken foot at work claim against an employer would include the following:

A copy of the report as noted in the work’s Accident Report Book – if there is no book, you can either send a personal email to your employer detailing the incident and the injuries you sustained or you could write to them
A medical report of the injuries you sustained and this should include even minor symptoms you may be experiencing because what might seek minor to begin with, may turn into something more severe further down the line
Photographs of where the accident at work occurred
CCTV footage if available which an employer is obliged to give you when you request that they do
Photographs of the injuries you sustained prior to being treated if possible
Witness statements
Witness contact details

The more proof you can provide of employer negligence the stronger your claim would be and the more chance there would be that a personal injury solicitor would agree to take on your case on a No Win No Fee basis.

What Level of Compensation Could I Get For a Broken Foot at Work Injury?

The level of compensation that you may receive in a successful claim against a negligent employer would depend on the severity of the injury you sustained to your foot and whether or not it would affect your ability to work again. You would be compensated by damages and losses which are covered by “general damages” for your pain and distress, while “special damages” would be awarded for all the costs of treatments and other expenses you had to pay out because you sustained a broken foot in the workplace.

As a rough guide and from figures published in the Judicial Guidelines for compensation awarded in personal injury claims, please see below:

For a simple fracture to the foot with the prognosis being that you would make a full recovery, you may be awarded up to £5,590
For a more severe fracture to the foot which involves continued pain, discomfort and minor disability such as limping, you could be awarded up to £10,960
Where a broken foot involves a displaced metatarsal which results in permanent disability or a deformity with a strong chance of osteoarthritis developing in the future, you could receive between £10,960 and £19,920
For a broken foot that results in continuous pain and discomfort with a high chance of traumatic arthritis developing or where the need for fusion surgery is necessary, you could be awarded between £19,920 and £31,250
Where both heels are broken which restricts mobility, you could receive £33,460 and £55,830
For extremely severe fracture to the foot where permanent disability is a consequence of the injury, you could be awarded anything from 66,930 and £87,410

The above estimates for a broken foot at work injury cover “general damages” that you could be awarded. However, on top of the general damages you receive, you would also be entitled to receive “special damages” which cover the following:

All your medical expenses which includes therapies, treatments, prescriptions and medical aids you may require
All your travel costs to and from the places where you receive treatment for your broken foot injury whether at a hospital, specialist treatment centre or other medical facility
All of your care costs should you require help around the home during your broken foot recovery
The cost of adaptations to your home should these be required
All other costs and expenses linked to the broken foot at work injury you suffered

A personal injury lawyer would make sure that all your out of pocket expenses are included in the compensation you are awarded. As such, you must be able to provide all the receipts for the expenses and costs you incurred.

Should I File a Broken Foot at Work Claim Against My Employer?

If you are involved in a workplace incident that left you with a broken foot, you may not be able to work for weeks or even months if your injuries are severe. Should you require surgery on your broken foot, it could result in a permanent disability which as a result means you would not be able to carry out the work you used to do. It is your “right” to seek compensation from an employer, providing there is enough evidence to show negligence on their behalf.

Your employer must have insurance in place which is “liability insurance”. The policy covers accidents in the workplace and work-related health issues that employees may develop as a result of the work they do. As such, when you seek compensation and providing your claim meets the necessary criteria associated with personal injury claims, it is your employer’s insurance provider who manages your case from the outset and it would the insurer who pays out the broken foot at work compensation you may be awarded whether in an out of court settlement or through the courts.

Most personal injury claims are settled before they go to court if the case against a defendant, in this case your employer, if they accept liability because liability insurance providers do not like to risk losing a case in court. It would mean they would have to pay all the court costs which includes both their own and the claimants, in this instance, yours.

What Worker’s Rights Do I Have If I Suffer a Broken Foot at Work?

Your worker’s rights are extremely protected in the UK. When when you are injured in a workplace accident you have rights and your employer cannot prevent you from doing the following if you suffered a broken foot injury in an accident at work:

Your employer cannot prevent you from filing an accident at work claim against them
You cannot be prevented from seeking medical attention for the injuries you sustain at work
Your employer cannot stop you from seeking compensation from them

Should an employer attempt to stop you or they threaten you or imply that you could lose your job or be made redundant, they would be breaking the law. Their behaviour towards you could entitle you to seek further compensation by filing more legal action against your employer. This includes a detriment claim and an unfair dismissal claim, should you be sacked for seeking compensation for the broken foot injury you suffered in the workplace.

Does An Employer Have Responsibilities Towards Employees in the Workplace?

Not only are your worker’s rights protected in the UK, but an employer has responsibilities towards all employees, workers and other people who visit a work environment too. There are laws, legislation as well as health and safety regulations that must be respected and if they are not, or an employer chooses to ignore them in order to get jobs done faster which results in accidents at work, they would be held liable for all injuries that anyone involved sustained.

Employers in the UK must ensure that a work environment is safe and that all reasonable measures have been set in place to reduce the risk of harm and injury coming to anyone who works for them or who visits a workplace. Employer’s responsibilities include but are not limited to the following:

Employees and staff whether permanent, temporary, contractors or agency workers are correctly trained to carry out jobs they are tasked to do in the workplace
That working procedures and practices are in place and that all workers are made aware of them
That all workers are made aware of any risks and dangers in the workplace
That machinery, tools and equipment is correctly maintained in good working order
That risk assessments are routinely carried out to identify hazards and dangers
That personal protective equipment is available to all employees and other workers when needed

If you sustain a broken foot in the workplace because your employer ignored health and safety measures or they failed to keep the work environment safe for you to work in, you should seek legal advice from a personal injury solicitor prior to filing an accident at work claim against your employer.

Is There a Time Limit to Filing a Broken Foot Injury Claim Against an Employer?

The statutory 3 year time limit that is associated with all personal injury claims against defendants must be respected. However, when the time limit begins depends on the circumstances of the accident that left you injured and this is explained as follows:

From when you suffered a broken foot injury in an accident at work
From the date you are 18 years of age should the workplace accident have happened before this time
From when a medical professional diagnosed you with some sort of medical condition that they link to the broken foot injury you previously sustained in the accident at work

To avoid running out of time when filing an accident at work claim against a negligent employer, it is best to seek legal advice sooner rather than later or you may find that your claim is “statute barred”.

Does Having a Personal Injury Solicitor Represent Me Offer Any Advantages?

Work-related personal injury claims are complex and there are many legal pitfalls to avoid. On top of this, there are what is referred to as “pre-action protocols” that must be respected to ensure that a claim goes as smoothly as possible right from the outset. A personal injury lawyer has the necessary expertise when it comes to representing injured parties in work-related claims which can speed up what can be a slow legal process.

Other advantages of working with a lawyer when filing an accident at work claim against your employer would include the following:

Your initial consultation with a personal injury lawyer would be free of charge and you would be under no obligation to proceed with a claim against your employer should you decide not to
Once satisfied that your claim is strong enough to win and that your employer failed to keep you safe while in their employment, a personal injury solicitor would begin investigating your claim without the need to request that you pay them any fees whether upfront or ongoing because they would represent you on a No Win No Fee basis
Your injuries would be examined by a chosen independent medical professional and it would be the detailed report they produce that would be used to determine just how much in the way of general damages you would be awarded whether through a court or by your employer’s liability insurers in an out of court settlement
You would be told of the amount of broken foot injury compensation you may receive in a successful claim as early as possible
If your broken foot injuries require ongoing treatment, surgery and/or therapy, a personal injury solicitor would ensure that interim payments are made to you until the final settlement is reached
A personal injury lawyer would ensure that the final settlement you are awarded is acceptable

A personal injury solicitor would also make sure that all ongoing treatments and therapies that you may require would be included in the broken foot compensation you receive.

Could I Lose My Job If I Claim Broken Foot Compensation From an Employer?

If you are fired from your job because you seek compensation for a broken foot injury you sustained in the workplace, your employer would be acting unlawfully. There must be another “valid” reason for sacking you and if there is not, you could seek further compensation from your employer. It is also worth noting that an employer cannot imply that you could lose your job or that you could be made redundant for filing a personal injury claim because this too would be deemed as an employer acting unlawfully towards you.

Would a Personal Injury Lawyer Represent Me On a No Win No Fee Basis?

As previously mentioned, once a personal injury lawyer believes you have a strong case against a negligent employer and that you could receive broken foot compensation whether in an out of court settlement or because your case goes before a judge, they would investigate your accident at work claim on a No Win No Fee basis. This means that you would not have to pay any fees whether it is a retainer to the solicitor or ongoing payments as your broken foot injury claim progresses.

All the worry of finding funds to pay for the legal advice and representation needed when making an accident at work claim is taken off your shoulders which allows you to focus on your recovery. No Win No Fee lawyers take on the risk of losing a claim which means that should your claim not succeed you would not pay the “success fee” as laid out in Conditional Fee Agreement. The only time you pay the solicitor is when you are awarded broken foot at work compensation and the amount is taken from the amount you receive.

Informative Links

If you suffered a broken foot in an accident at work and would like more information on the laws that protect you in the workplace, the following link provides essential reading on the topic:

More about the laws that protect you in the workplace

If you would like more information regarding surgery on a broken foot, the following link provides valuable reading on the topic:

More about surgery on broken bones

I Slipped in a Loading Bay, Am I Entitled to Compensation?

Establishing Responsibility for a Loading Bay Injury Due to a Slip?

If you slipped in a loading bay and suffered an injury, it is important that you are able to prove responsibility on the part of a third party, whether it is your employer, a fellow worker or the owner of a business/company. Whether you are an employee or visitor to a work environment and suffer an injury in the loading bay, an employer/business owner has a legal duty to ensure that you are kept safe from harm and injury. If they fail to do so, they could be deemed negligent and you could, therefore, be entitled to seek compensation for the loading bay injuries you sustained.

Occasionally, the responsibility for a slip in a loading that results in injury can fall to both parties which is referred to as “split liability”. If this should be the case, a judge may rule “contributory negligence” on the part of an employer/business owner and the injured party, in this instance yourself. If it is found that you were 25% at fault for the loading bay injuries you sustained, the amount of loading bay injury compensation you may be awarded would reflect this, in short, you would only receive 75% in the way of compensation for the injuries you sustained.

The Risks Of Slipping in a Loading Bay

Loading bays are high on the list of work environments that put you more at risk of suffering an injury. An employer/business owner must ensure that hazards signs are erected in highly visible areas as a warning to both employees and visitors to a loading bay so they are alerted of the dangers and hazards that may be present.

If there was any sort of spillage, icy surfaces or areas that are known to be slippery in a loading bay, an employer/business owner must ensure that anti-slip surfaces are installed in order to reduce the risk of employees and other people slipping and injuring themselves in a loading bay.

If you slip in a loading bay and injure yourself, you should discuss the circumstances leading up to the incident with a personal injury lawyer who would quickly be able to establish whether your claim against an employer/business owner is valid and whether they could be deemed to have been negligent in their duty to keep you safe from harm and injury while in their employment or visiting the loading bay.

How to Report a Slip in a Loading Bay

You must report the slip incident in a loading bay to the employer, business owner or the person in charge as soon as you possibly can. This report would be needed as proof that incident occurred and would provide essential details of the injuries you suffered. You have the right to check whether the details of your loading bay accident were correctly recorded, and if you find that some of the information is incorrect, you have the right to correct it before adding your signature to the report whether this is in a company’s Accident Report Book or other official means. This could be in a personal email sent to the employer/business owner or in a written letter to them remembering to keep a copy for your own personal records.

Are My Slip in a Loading Bay Injuries Severe Enough to File an Accident at Work Claim?

The more serious the injuries you sustained when slipping in a loading bay, the more chance you would have of being able to file an accident at work claim against an employer or business owner. However, even if the symptoms you initially experience appear to be minor, it is worth noting that things might worsen as time goes on. As such, it is important to seek medical advice from either your own GP or at the Emergency Department of your local hospital as soon as possible so that you have an official medical report of the injuries you suffered that provides details of the minor symptoms you may be experiencing.

What Are the Chances of My Slip Injury Claim Being Successful?

The main criteria that must be met for an accident at work claim against an employer or business owner to be successful are detailed below:

Can an employer/business owner be held liable for the loading bay injuries you suffered?
Did you get a medical report of the injuries you sustained?
Did the accident in the loading bay occur in the last 3 years

For your slip injury in a loading bay claim to be successful and to ensure that you are awarded the correct level of compensation, you would have to provide the following:

Proof that the incident was officially recorded at the time or as soon afterwards as possible
Witness statements and their contact details
Photographic proof of the accident and the injuries you suffered
A detailed medical report of the loading bay injuries you sustained
Receipts of all the expenses relating to the injuries you sustained

If all of the above can be met proving that the slip injury you sustained in a loading bay, a personal injury solicitor would undertake to prove your claim against your employer or a business owner and would do so by signing a No Win No Fee agreement with you which means the lawyer can begin their investigations without you having to pay them a retainer to do so. There would be no ongoing payments to find as your case against an employer goes forward either.

What Could I Include in My Slip in a Loading Bay Claim?

You would be able to claim both for your injuries (damages) and your out of pocket expenses (losses) in your slip injury claim against your employer or a business owner. The compensation awarded in personal injury claims is divided into two parts which are general damages and special damages.

General damages cover the pain and the distress you suffered because of the loading bay injuries you sustained through no fault of your own. The amount you would receive is based on Judicial Guidelines and the medical report that was carried out detailing your injuries. The Judicial Guidelines provide information on the level of compensation you may receive for injuries sustained through no fault of your own. However, you would also be awarded “special damages” for all your out of pocket expenses too.

Special damages are awarded as a way of compensating you for your losses which would be all the associated expenses you endured as a result of having slipped and injured in a loading bay. This would include loss of income, future earnings, damage to personal items/belongings, how the injuries impact your ability to ensure the activities you used to take part in and your social life. Special damages also cover whether there was a need for you to undergo post-accident treatment and care.

What Are My Rights if I Slip in a Loading Bay and Suffer an Injury?

As previously mentioned, employers/business owners have a legal duty to ensure that a work environment is safe and that all those who work in a loading bay or who visit the area are kept secure and safe from harm and injury. Your rights are as follows:

To seek medical treatment for injuries you sustained if you slip in a loading bay – should an employer/business owner attempts to prevent you from doing so, they would be deemed to be acting unlawfully
To seek compensation for the loading bay injuries you sustained by filing a personal injury claim against an employer/business owner
To know that your job is secure if you file an accident at work claim against your employer/business owner

If you are an employee and you slipped in the loading bay and suffered an injury, your employer does not have the right to sack you because you file a personal injury claim against them. Should an employer threaten to fire you, make you redundant or even imply that this could happen if you choose to seek compensation for loading bay injuries you sustained, you should contact an employment law solicitor because you may be able to take out further legal action against your employer for having breached your worker’s rights. Employers cannot apply pressure towards you in any way if you slipped in a loading bay and suffered an injury.

Does An Employer have Responsibilities Towards Employees in the Workplace?

Employers have many responsibilities towards their employees and by law, must ensure that a work environment is as safe as possible for both workers and visitors to the site. An employers’ responsibilities include but are not limited to the following:

To ensure that all employees, other workers and staff are given sufficient training to carry out the jobs they are tasked to do as safely as possible
To ensure that all employees and other workers are provided with adequate guidance relating to accident management protocols, where safety exits are and detailed information on any hazards and dangers that may be present in a work environment
To ensure that all employees, other workers and visitors to a work environment are provided with adequate personal protective equipment that is in good condition
To ensure that all machinery, equipment and tools are in good working order and to replace any that cannot be repaired with new
To ensure that risk assessments are routinely carried out to identify risks to employees, other workers and visitors to a work environment

Should an employer choose to cut corners or to ignore health and safety regulations that are in place to protect employees, other workers and visitors to a work environment and as a consequence of their decisions, you slip in a loading bay and suffer injuries, the employer could be deemed liable and would have to pay you compensation for the pain and distress you suffered through their negligence.

Is There a Statutory Time Limit to Filing a Slip Injury Claim?

The statutory time limit that must be respected is 3 years but when it begins would depend on the circumstances of the accident in a loading bay you were involved in. This is explained below:

3 years from when you sustained your injuries in a workplace
3 years from your 18^th birthday if the incident happened before this
3 years from being diagnosed by a medical professional as suffering from a health issue they directly link to the injuries you sustained when you slipped in a loading bay

It is far better to begin a personal injury claim early because you would need to gather all the evidence needed to prove your case. Without this, your claim may fail. Medical reports and other vital proof of your injuries are an essential part of your case against a negligent employer and it can take a lot of time as well as effort to get this vital evidence together. A personal injury lawyer would advise you from the outset what is needed to strengthen your claim against a negligent employer which would ensure that your case meets all the criteria needed for it to be valid.

Should I Sue If I Slip in a Loading Bay And Suffer an Injury?

Providing the injuries you sustained were through the negligence of either an employer or business owner and through no fault of your own, you have the right to seek compensation for the distress and pain you were caused. Your injuries may be such that you are unable to work or carry out normal daily chores. You may be off work for a considerable amount of time which in short, means you may only be entitled to Statutory Sick Pay (SSP). This can put a lot of financial strain on your life while also affecting your loved ones. Seeking slip injury compensation with the help of a personal injury lawyer would help alleviate this pressure allowing you to place all your focus on recovering from the injuries you suffered when you slipped in the loading bay.

Employers in the UK are legally bound to hold valid liability insurance with the cover being £5 million. The policy must be issued by a recognised provider and employers/business owners should display the certificate in a prominent place within a work environment. When you are injured in a workplace, you can request details of the owner’s insurer which they must provide.

It is the insurance company that pays out the personal injury compensation you may be awarded if your case is upheld. The insurer handles all aspects of your slip injury claim whether it is disputed or not. Should an employer/business owner choose to deny liability for the injuries you sustained, an personal injury lawyer could recommend filing a court action against them providing it is felt that your case is strong enough to win should it go before a judge. If this is so, you may have to attend court and a final settlement may take longer to reach.

However, if the employer/business owner accepts liability, their insurer would typically offer an initial settlement. The solicitor who represents you would advise that this initial offer should not be accepted and would work hard to ensure that the liability insurance provider raises the amount of slip injury compensation you receive in an out of court settlement with 95% of personal injury claims being settled in this way.

What Benefits Can a Personal Injury Solicitor Provide?

Personal injury solicitors have vast experience when it comes to representing people and workers who suffer injuries in a work environment which includes loading bays. They know how to communicate with the companies that issue liability insurance policies and always respect the necessary pre-action protocols that should be adhered to when filing accident at work claims. Other advantages of having the expertise of a personal injury lawyer work on your case includes the following:

Once satisfied that you have a strong case against an employer or business owner who could be held responsible for the injuries you sustained when you slipped in a loading bay, the solicitor would offer to work on your claim on a No Win No Fee basis, taking all the worry of finding the money to pay for legal representation off the table
You would have no upfront fee or ongoing payments to find as your claim progresses whether through the courts or in negotiations with an insurance provider
A personal injury lawyer would let you know at the earliest opportunity the amount of slip injury compensation you may be entitled to receive in a successful claim
A personal injury lawyer would arrange for an independent medical professional to examine you so they can provide an essential report on the extent of the injuries you sustained when you slipped in a loading bay. This report would be used as a basis for the general damages you receive
The solicitor would ensure that interim payments are paid should it take longer for a final settlement to be reached
The amount of slip injury compensation you receive is fair and acceptable

A personal injury lawyer would also ensure that should your injuries be such that you require ongoing, long-term therapy, the cost of this would be included in the “special damages” you are awarded in a successful slip in loading bay injury claim.

Informative Links

If you slipped in a loading bay and suffered an injury that left you unable to work and would like more information on an employer’s/business owner’s responsibilities towards you, please click on the link below:

More about health and safety regulations in the workplace

If you would like more information relating to No Win No Fee agreements, please follow the link below:

More information about No Win No Fee agreements