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I Had an Accident at Work and Sustained a Compound Fracture, Can I Claim for Compensation?

Accident at Work Statistics in the UK

A report issued by the Health and Safety Executive for the year 2016/17, established that each year 600,000 workers are involved in workplace accidents that leaves them injured. If you suffered a compound fracture in an accident at work and you believe your employer could be responsible for the serious injury you sustained, you should contact a personal injury lawyer to discuss your case because you may be entitled to sue your boss for compensation.

Would My Compound Fracture Claim Against My Employer Be Valid?

If you were in a workplace accident that left you with a compound fracture and the incident occurred in the last 3 years through no fault of your own, you could be entitled to file an accident at work claim against your employer. Even if the incident that left you with this type of serious injury was caused by a fellow worker, you may be entitled to seek compensation from your employer because they are responsible for the actions of all employees in their employment.

If you feel you may have been partly responsible for the injuries you sustained while at work, you should still contact a personal injury lawyer because you may find that your employer could be held partly responsible for the injuries you sustained. Should this be the case, your claim would fall under “contributory negligence” and the amount you may be awarded if your case is upheld would reflect the level of contributory negligence that is attributed to you.

What Are the Most Common Causes of Compound Fractures in the Workplace?

Compound fractures are common injuries that are reported in the workplace. You may work machinery and your arm or hand gets trapped. The result is fractured and crushed bones that break through the skin leaving the bone exposed to air and therefore more at risk of developing an infection. Compound fractures can result in tremendous as tissue damage too. Other common causes of compound fracture injuries in the work environment include the following:

Falling from a height and falling on a hard surface below
Being hit by a moving vehicle in the workplace like a forklift truck

Compound fractures must be treated as medical emergencies because of the risk of infection and tissue damage. Any delayed treatment of this type of serious injury can result in complications and the risk of developing MRSA. Incorrect treatment can also result in the damaged bones not knitting correctly which as a result causes permanent weakness in the affected bones.

The Consequences of Sustaining a Compound Fracture Injury in the Workplace

If you sustain a compound fracture injury in an accident at work, the damage caused to bones and surrounding tissue can prove permanent. You may have to contend with the following:

Scarring following the surgery you had to undergo to repair the damage done
Reduced mobility whether in your legs, hands, arms or other area of your body
Trouble holding things and operating equipment should you have suffered a compound fracture of the hand
A higher risk of suffering from arthritis later in your life

If you develop an infection, it could lead to complications which includes the fact that affected bones would not heal or knit correctly. Surgery is often required to stabilise a bone and to repair damaged muscles and it typically involves using pins to hold damaged bones in place. You could also need to undergo physiotherapy as a means to restore the mobility in an affected area of your body.

A compound fracture would leave you unable to work and depending on the severity of your injury, could put you out of action for weeks or even months. You may not be able to work again. As such, you would not bring in your normal wage which could leave you either having to dip into your savings or unable to pay your monthly outgoings. Filing an accident at work claim against a negligent employer would take all the financial pressure you may have been put under off the table leaving you to concentrate on your recovery.

What Level of Compound Fracture Compensation Would I Receive?

All personal injury claims are unique which means the level of compound fracture compensation you may be awarded in a successful accident at work claim against your employer, would depend on the severity of the injuries you sustained and whether you may have a permanent disability as a consequence. When it comes to compensation for the pain and suffering you may have endured, these would come under “general damages” and the amount you may receive would be based on the compensation guidelines issued by The Judicial College which is a sliding scale. As such, you may be awarded several hundred pounds to several thousands of pounds. An example being that for a moderate compound fracture, you may receive anything from £8,000 to £15,000.

You would also be awarded “special damages” which compensate you for all the expenses and costs you have to pay out because of the compound fracture you sustained in the workplace. Special damages include the following:

All of your medical expenses which includes things like prescriptions, medical care that is not covered by the NHS and all other medical related costs that you incurred because of your compound fracture which includes physiotherapy and other rehabilitation therapies you may require
Travel costs that you incur when going to and from hospital or other medical care facilities
The cost of any mobility aids that you may need
Your loss of earnings and future earnings
All costs related to ongoing, long-term therapy as well as accommodation
The cost of home adaptation should this be necessary

How to Start Your Compound Fracture Claim Against Your Employer

If you sustained a compound fracture in the workplace and want to claim compensation for your pain and suffering, you should contact a personal injury lawyer sooner rather than later. The solicitor would assess your case by offering you a no obligation, free consultation whether over the phone or in a meeting, should your case be more complex. You would not be under any obligation to continue your case against your employer should you not wish to.

Once an accident at work solicitor has assessed your claim and believe that you have a strong chance of winning, they would typically offer to work on your personal injury claim against your employer without the need to request that you pay them an upfront fee. This would entail signing a No Win No Fee agreement with the solicitor who could then begin investigating your compound fracture at work claim. This they would do by communicating directly on your behalf with your employer and their liability insurance providers.

A Conditional Fee Agreement is a legal contract between yourself and your solicitor. It lays out the terms and conditions of the agreement and the percentage that you would have to pay them but only if your claim against your employer is successful. If your case is not upheld whether it goes before a judge or not, you would have nothing to pay for the legal services that the solicitor you contacted provided because you signed the agreement that stipulated that you would only pay the “success fee” if you win your case. Should a personal injury lawyer feel that your case is weak, they would typically advise you that to drop your accident at work claim against your employer.

What is the Statutory Time Limit to Filing a Compound Fracture Claim Against My Employer?

You must respect the 3 year statutory time limit if you want to seek compensation from your employer for a compound fracture injury you sustained while working for them. Should you wait for too long, you may find that your case would be “statute barred” because you ran out of time. Gathering all the evidence and medical proof of the injuries you sustained can be time consuming and as such, it is better to begin a claim as soon as you can by contacting a personal injury lawyer. With this said the 3 year time limit can begin at different times depending on the circumstances surrounding the workplace accident that left you with a compound fracture which is detailed as follows:

3 years from the actual date that you sustained a compound fracture in the workplace
3 years from your 18^th birthday if the workplace accident that left you with this type of serious injury happened before that date
3 years from the actual date that a doctor or other medical professional diagnosed you as suffering from a health issue that they can directly link the compound fracture you sustained in an accident at work

Should I Seek Compound Fracture Compensation From My Employer?

As previously mentioned, employers must by law ensure that all employees and other people are kept safe from injury and harm while they are in the workplace and failing to do so, could mean that an employer would be seen as negligent in their “duty” to do so. Even if a fellow worker caused the incident that left you with a compound fracture, your employer could still be deemed liable because employers are responsible for all the actions of workers in their employment. You may have been partly responsible for sustaining a compound fracture, but your employer may also be partly responsible which under the law would be viewed as “contributory negligence”.

As such, you should seek legal advice from a personal injury solicitor who has vast experience when it comes to assessing who may be held responsible for the compound fracture you sustained at work. Your employer is also legally required to hold liability insurance which covers this type of incident in the workplace. The policy must meet the legal requirement of £5 million and your employer should display the certificate in a prominent place in the workplace.

When you request details of your employer’s insurance provider, they must provide you with the information in a timely manner if you are injured in the workplace and suffer a compound fracture.

It would be your employer’s insurance provider that would handle your accident at work claim from start to finish and the compensation you may be awarded in a successful claim would be paid out by the insurance company, with 95% of personal injury claims being settled before they go to court when defendants, in this case your employer, admits liability for the injuries sustained.

Could I Lose My Job for Filing a Compound Fracture Claim?

If you are fired from your job by your employer because you seek compensation for a compound fracture you sustained, you could be entitled to file an “unfair dismissal” claim against them on top of your compound fracture claim. The reason is that your employer would be acting unlawfully if they sack you without another “good and valid” reason for doing so. Your employer cannot by law, treat you unfairly or detrimentally because you file an accident at work claim against them either. If you feel that this is the case, you should discuss your concerns with an employment law solicitor who would advise you on how best to proceed with further legal action against your employer.

Do I Have Worker’s Rights If I Suffer a Compound Fracture at Work?

All of your worker’s rights are protected and this includes when you are injured while you are at work. If you suffer a compound fracture and seek compensation from your employer, they cannot treat you unfairly or detrimentally for doing so. Your worker’s rights include the following:

That you can sue your employer for compensation for pain and suffering you endured because of a compound fracture injury sustained at work
That your job is safe even if you file an accident at work claim against your employer

Does An Employer Have Any Legal Responsibilities in the Workplace?

All employers must by law ensure that the risk of harm and injury to employees and visitors to a work environment is kept to a minimum by setting in all reasonable measures to prevent an accident at work from happening. Other responsibilities that fall to your employer include the following:

That adequate training which include ongoing training is provided to all employees
That all equipment as well as machinery and tools are kept in good working order
That working practices and procedures are made clear to all employees
That personal protective equipment (PPE) is kept in good condition and accessible to all employees when needed
That risk assessments are regularly carried out in a work environment
That reasonable measures are set in place to reduce the risk of injury in the workplace
That all employees and visitors to a workplace are made aware of any hazards and dangers

If you suffer a compound fracture in a workplace accident because your employer ignored Health and Safety regulations and other laws that protect you from harm, your employer could be held responsible for the injuries you sustained.

What Advantages Does a Personal Injury Solicitor Offer When Filing a Compound Fracture Claim?

A personal injury solicitor has many years’ experience in representing people who are injured in the workplace. They know about all the legal pitfalls that can end an accident at work claim before it even starts. If you sustained a compound fracture in a workplace accident, contacting a lawyer would allow them to assess whether you have a strong claim and determine whether your employer could be deemed negligent in their duty to keep you safe from injury, would mean that your case against them stands a good chance of being successful from the outset.

Other benefits of having an accident at work lawyer represent you when filing a compound injury claim against an employer would include the following:

You would be offered a free, initial consultation which allows a lawyer the opportunity of assessing your case. You would be under no obligation to continue with a claim if you do not feel comfortable doing so as this first meeting whether on the phone or in person bears no obligation on your part
Personal injury solicitors can access legal libraries
An experienced accident at work lawyer would know all about the pre-action protocols that all parties must abide by and would respect the statutory 3 year time limit to filing personal injury claims
The solicitor would let you know at the earliest opportunity how much you may be awarded in a successful compound fracture claim
An experienced lawyer would handle all aspects of communication between your employer, their insurance providers on your behalf
A solicitor would arrange for you to be examined by an independent medical professional and the detailed report of your compound fracture injury would be the used as a basis when calculating the amount of general damages you would be awarded in a successful accident at work claim file against a negligent employer
The solicitor would ensure that any costs relating to ongoing treatments and therapies is included in the special damages you are awarded
Should the compound fracture you sustained at work be severe and your case goes on longer than usual, the solicitor would ensure that you are awarded interim payments until a final settlement is agreed
The solicitor would ensure that the level of compound fracture compensation you are awarded is acceptable

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

As previously touched upon, once a personal injury solicitor is happy that you have a strong claim against your employer who could be held liable for the injuries you sustained while you were in their employment, they would agree to represent your case on a No Win No Fee basis which, in short, means that you would not have to pay the solicitor an upfront fee nor would you have to pay them any ongoing fees as your accident at work claim against your employer progresses either.

The reason being that you would sign a CFA, a Conditional Fee Agreement with the solicitor you choose to represent you. This legal contract sets out the “success fee” which you would only have to pay the solicitor if your claim against your employer is successful, hence the name. The amount you agreed to pay the lawyer would be deducted from the amount you are awarded. Should you lose your case, the success fee would be waived because the solicitor in signing the No Win No Fee contract with you, agreed to take on your case and only be paid if your compound fracture claim was upheld.

Informative Links

If you suffered a compound fracture at work and would like more information on Conditional Fee Agreements that you could enter into with a solicitor, the following link provides essential reading on the topic:

More information on No Win No Fee Agreements

If you would like more information on the 3 year statutory time limit associated with personal injury claims, please follow the link below:

More information on the statutory personal injury claim time limit

Denied Liability By Employer Can I Still Claim Compensation? – A Guide To Work Accident Claims Calculate Amounts

How to Establish Liability For An Accident at Work

If your employer denies liability for the injuries you sustained in the workplace, you should contact a personal injury solicitor to discuss the circumstances that led up to the incident. Lawyers have years of experience when it comes to establishing who may responsible for the injuries employees sustain whether they were partly responsible, whether a fellow worker caused the incident or whether it was through employer negligence.

Very often, it only takes a letter from the solicitor you contact when thinking about claiming compensation for an employer for them to accept they were responsible for the accident at work that left you injured. With this said, if the circumstances that led up to the incident are less obvious, it could make it easier to for your employer to deny liability in which case, an experienced personal injury lawyer would typically advise that you file a lawsuit against your boss but only if they believe that you have a strong case. This could mean that reaching a final settlement may take longer than if your employer accepted responsibility for the workplace injuries you sustained.

It is also worth noting that liability insurance companies are often the ones who encourage employers to deny responsibility for workplace injuries sustained by employees. With this said, even an insurer would change their minds when they receive a letter from your solicitor especially if you have a strong case that proves employer negligence. The outcome is that the insurer would offer an out of court settlement to prevent your case going before a judge. Should your accident at work claim be upheld by a judge, the insurance company would not only have to pay their own court costs, but yours too. This is one of the reasons why 95% of personal injury claims never get to court.

Can I Claim Losses and Damages If My Employer Denies Liability?

Once an experienced personal injury lawyer establishes that you have a strong claim and that your employer could be deemed negligent in their duty to ensure that a work environment was safe which resulted in you suffering an injury whether minor or more severe, you could add both your losses and your damages to your personal injury claim.

You would be compensated general damages for the injuries you suffered and the amount you receive would reflect how bad your injuries were and how they negatively impact your life and ability to work again. Should this be the case, an accident at work lawyer would work hard to prove employer negligence and that you are awarded a level of accident at work compensation that your injuries merit.

You would be awarded special damages to compensate you for all the expenses you had to pay out as a result of having been injured in the workplace. This would include the travel costs you incurred going to and from hospital or other medical facilities to receive treatment or therapy, your medical expenses which would include the cost of prescriptions and other medical expenses you had to pay out as a consequence of your workplace injuries. Other losses that would come under “special damages” would include the following:

Care costs should your injuries mean that you require help around the home during your recovery
Home adaptations if your injuries are such that your house needs to be modified
All other expenses you had to pay out as a direct result of having been injured in a workplace accident

Because special damages that are awarded in successful accident at work claims are based on “actual” expenses, you must keep all relevant receipts which would be required as proof of the costs you incurred due to the injuries you sustained in the workplace. You would need to provide the receipts along with the other evidence relating to the accident at work you were involved in, keeping copies for your own files.

Is It Worth Suing My Employer if They Deny Liability?

Even if your employer does not accept responsibility for the workplace injuries you sustained, you should still contact a personal injury solicitor because the expert legal advice they can offer could mean your employer has a change of mind. As previously touched upon, all too often it is enough for an employer to receive a letter from the lawyer who represents you, for them to accept that the responsibility for the injuries you sustained, falls to them.

All employers are legally obliged to have insurance and the policy must be issued by a provider that is recognised insurance company. The policy must meet the legal £5 million requirement and the certificate should be displayed in the workplace. Your employer must provide you with the details of their insurers when you request the information too. When you claim compensation by filing an accident at work claim against your employer, it is the insurer who pays out the amount you are awarded. The insurance provider handles every aspect of the claim which includes whether your employer denies liability for the injuries you sustained or not.

The majority of personal injury claims are settled before they go to court, but if your employer does not accept liability and your solicitor believes they could be held responsible because your case is strong, the solicitor would typically advise that you start court proceedings against your employer. Should this be the case, as previously mentioned, a final settlement may take longer to reach. It would also mean that you may have to attend court and as such it is very important that you follow your personal injury solicitor’s instructions closely.

Do I Have Workers Rights Following an Accident at Work?

Worker’s rights are protected by law which means that if you are injured in an accident at work, you can do the following without worrying that you would lose your job:

Seek compensation for the injuries you sustained by filing an accident at work claim against your employer

An employer who threatens you with the sack or redundancy would be acting unlawfully because they would be breaching your employee rights. This could entitle you to file more legal action out against your employer. As such, you should contact an employment law solicitor who would be in the best position to advise you on how best to proceed.

Does My Employer Have Responsibilities in the Workplace?

Employers must ensure that a workplace is safe. They must also take all reasonable measures to keep employees and other people who visit the workplace safe from injury and harm. Employers must adhere to Health and Safety Executive regulations and other laws that are there to protect you. If an employer ignores the law and Health and Safety regulations which results in an workplace accident that leaves you injured, they could be held liable. Your employer’s responsibilities towards you in the workplace include the following:

To ensure that you are fully award of all working practices and procedures
That you are fully trained to carry out a job and use machinery, equipment and tools
To ensure that ongoing training is provided to all employees and other workers
To provide adequate personal protective equipment (PPE) when necessary so that you can carry out a job safely
To carry out risk assessments to identify hazards and dangers
That all equipment, tools and machinery is in good working order

Should your employer have failed to do any of the above and as a consequence you were involved in a workplace accident that left you injured, your employer could be held responsible and therefore, you could be entitled to seek accident at work compensation from them.

Are There Any Benefits to Working With a Solicitor on a Claim?

Having the legal expertise that a personal injury lawyer can provide offers many advantages which includes the following:

Personal injury lawyers provide a free initial consultation which allows them the chance to assess your claim without requesting that you pay a fee for them to do so
A personal injury solicitor would represent you on a No Win No Fee basis once they are satisfied you have a strong claim against your employer
A personal injury solicitor can access legal libraries when required
A lawyer would let you know how much accident at work compensation you would be likely to receive
The lawyer would handle all aspects of your claim which includes communicating with your employer and the insurance company
Your lawyer would work hard to prove that your employer could be held liable for the injuries you sustained while working for them even if your employer denies responsibility by investigating the circumstances that led to the incident happening
The lawyer would arrange for an independent medical professional to examine you so they could produce an official report detailing the extent of your injuries which would be used as a basis for the general damages you would be awarded in a successful claim against your employer
A lawyer would also ensure that you receive interim payments should your case go on longer than anticipated due to the complexities of your injuries
A personal injury solicitor would make sure that the accident at work compensation you receive is fair

Another great advantage of having a personal injury solicitor represent you is that should your injuries be so severe that you require ongoing, long-term treatment the cost of this would be included in the compensation you are awarded and this includes physiotherapy and other medical care that is required.

Is There a Time Limit To Making an Accident at Work Claim?

You would have 3 years to file an accident at work claim against your employer and if you believe they would not accept responsibility for the injuries you sustained, it is better to seek legal advice sooner rather than later because gathering all the evidence and information needed to prove employer liability can take a lot of time and effort. With this in mind, there is a 3 year statutory time limit to filing personal injury claims which must be adhered to or your claim could end up being “time barred”. When a time limit begins is detailed below:

3 years from the date of your accident at work injury
3 years from the time a medical professional diagnoses you as suffering from a health issue that is linked to the injury you suffered in the workplace
3 years from your 18^th birthday if the incident at work occurred before this time

If you suffered a workplace injury and your employer denies liability, the sooner you seek legal advice from a personal injury lawyer, the sooner you would be able to establish employer negligence and get your accident at work claim against them started and the faster you would receive accident at work compensation for the injuries you suffered and the financial losses you had to endure.

Could My Employer Fire Me For Filing an Accident at Work Claim?

As previously mentioned, your worker’s rights are protected and this includes when you get injured in the workplace. As such, you have the right to do the following:

To file an accident at work claim against your employer
To seek compensation and be awarded an amount to suit the workplace injuries you suffered through no fault of your own

If your employer attempts to prevent you from filing an accident at work claim against them or they try to fire you, or treat you unfairly or detrimentally, they would be acting unlawfully and as such, you should seek legal advice from a lawyer who specialises in employment law because you may be entitled to file further legal action against your employer. This could include a detriment claim and an unfair dismissal claim and you would be awarded compensation for your employer’s unlawful behaviour towards you.

Would a Solicitor Work on a No Win No Fee Basis on My Claim If An Employer Denies Liability?

Providing an personal injury solicitor believes that you have a strong claim and that your employer could be deemed negligent in their duty to keep you safe from harm and injury while you were in their employment, they would agree to work with you on a No Win No Fee basis. However, you must provide as much evidence as you can to prove that your employer did not keep you safe in the workplace and this includes providing details of the circumstances that led up to the workplace accident that left you injured. Other evidence that you would need to provide the solicitor is as follows:

A medical report of the injuries you sustained – this is the initial report that was carried out by the first doctor who examined you whether in an Accident Emergency department of a local hospital or your own GP
The official report as detailed in the Accident Report Book. If one does not exist in the place you work, it can be a letter or personal email that you sent to your employer as soon after the workplace incident as possible
Photos of the injuries you sustained preferably before you were treated by a medical professional
Witness statements and their contact details

When employers deny liability for injuries that employees sustain in the workplace, it is usually under the advice of their liability insurance providers. When an official letter from a personal injury lawyer is sent to an employer, it often provokes a different response which means that your employer then admits responsibility for the accident at work injuries you suffered while in the workplace.

However, if the circumstances surrounding the accident at work you were involved in are more complicated and therefore would allow an employer to deny liability, you may find that your personal injury lawyer recommends that you file a lawsuit in the courts against your employer but only if the solicitor believes you have a very strong chance of winning your claim.

Should the solicitor you contact believe your case is strong, they would agree to represent you without requesting a retainer and would sign a No Win No Fee agreement with you which allows them to begin their investigations straight away. There would be no ongoing fees to find either as your case progresses whether through the courts or not. If your lawyer thinks your employer’s case is stronger than yours, they would advise you that it may be better to drop your claim and there would be no fees to pay if this is so either.

Because the statutory 3 year time limit must be adhered to, it is much better to begin your accident at work claim against an employer who denies liability for injuries you sustained sooner rather than later. The reason being that the lawyer who represents you would need to investigate all aspects of your case before they would be able to establish whether your employer could indeed, be held responsible for the workplace injuries you sustained while in their employment.

Informative Links

If you were injured in a workplace accident and your employer denied liability, you can find more information employer’s duty of care in a work environment by clicking on the link below:

More about your employer’s duty of care in the workplace

To find out more about your worker’s rights, please follow the link below:

More about worker’s rights in the United Kingdom