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Can I Sue My Employer for a Soft Tissue Injury? – A Guide To Soft Tissue Injury At Work Claims Calculate Amounts

The Definition of Soft Tissue Injuries

Soft tissues are found surrounding your bones, your organs and other parts that make up your body which includes the following:

Fibrous tissues
Ligaments
Muscles
Tendons
Blood vessels
Body fat
Synovial membranes

When you suffer a soft tissue injury, it can negatively impact the ligaments, tendons and muscles in an affected area of your body making it hard or impossible to move around. If you suffered a soft tissue injury at work in the last 3 years and the incident occurred through no fault of your own, you may be entitled to seek compensation from your employer providing you can prove they are liable.

What Are the Most Common Causes of Soft Tissue Injuries?

You can suffer a soft tissue injury in the workplace in a variety of ways, some of which are listed below:

By pulling a muscle in your back when handling or lifting an item
Through trauma which could be by twisting your ankle on an uneven surface
Spraining or straining a muscle when pulling or pushing something
When lifting a heavy object or item causing soft tissue damage to your shoulder, neck or back
By Slipping, tripping and falling causing soft tissue damage to your ankle, knee or foot

If you were involved in a workplace accident that left you with a soft tissue injury and the incident occurred through no fault of your own, you could seek compensation for the injuries you sustained with the other proviso being that the accident at work happened in the last 3 years.

What Are The Most Common Symptoms Associated With a Soft Tissue Injury?

When you suffer a soft tissue injury, the most common symptoms that you could experience are as follows:

Sudden and immediate pain in an affected area of your body
Swelling both immediate as well as delayed which causes stiffness in the affected area of your body
Bruising which typically occurs around 24 to 48 hours following the workplace accident that left you with a soft tissue injury
An unstable joint should the soft tissue injury negatively impact your muscles, ligaments and tendons
Excruciating pain should you have strained the muscles in your back or suffered a slipped disc

How Long Does a Soft Tissue Injury Take to Heal?

The recovery time for a soft tissue injury would depend on which part of your body has been affected and the severity of the workplace injury you sustained. While a minor soft tissue injury may well heal relatively quickly, a more severe injury like a hernia or slipped disc would take much longer for you to recover from, more especially if surgery is required to repair the damage that’s been done. With this said, all soft tissue injuries can be extremely painful as well as debilitating which means you may be off work for a considerable amount of time.

When it comes to the type of soft tissue injury you may sustain in an accident at work, they are 3 categories which are listed below:

Grade 1 – this type of soft tissue injury is typically a sprain or a strain which occurs when muscles, tendons or ligament fibres suffer tiny, microscopic tearing. This type of soft tissue injury causes very little swelling
Grade 2 – this type of soft tissue injury involves tearing in the fibres of ligaments, muscles or tendons which means that you would be unable to bear any weight on the affected part of your body without experiencing a lot of pain
Grade 3 – this type of soft tissue injury involves a total rupture of any soft tissue that supports part of your body’s structure. You would experience a lot of pain and an affected joint may become unstable which results in you not being able to bear any weight or use it

When it comes to minor strains and sprains, you would not typically need to seek medical attention but instead use Protect, Rest, Ice, Compression and Elevation (PRICE) as a form of self-treatment. However, if you experience the following symptoms, immediate medical attention should be sought:

A loud crack or pop was heard when you suffered your injury
You are unable to bear any weight on an affected area of your body
You experience pain and discomfort in any of the bones found around the site of your injury
The point of the injury appears misshapen or deformed
The point of the injury goes numb and you experience pins and needles both at the site of the injury and in other parts of your body

Would My Employer Be Held Liable for My Soft Tissue Injury?

Providing you have enough evidence that a workplace accident that left you with a soft tissue injury could have been avoided had your employer adhered to their duty of care which is to keep you safe from harm at work, your employer could be deemed liable. The more evidence you can provide, the stronger your soft tissue injury claim would be. The sort of proof that you would need to gather includes the following:

CCTV footage of your workplace accident, where and when it occurred – if available
Photos of where and when your accident at work happened
An official medical report of your soft tissue injury
Witness statements
The contact details of everyone who witnessed the workplace accident
An official report of the accident as recorded in the company’s accident report book – if not available an official report as sent to your employer whether by personal email or in a registered letter to them

The more proof you have relating to the workplace accident that left you injured, the stronger your case would be and the more chance there would be of a solicitor working with you on a No Win No Fee basis.

How Would My Soft Tissue Compensation be Calculated?

All personal injury claims which includes accident at work claims are calculated and awarded in two parts which are detailed below:

General damages – the amount you would be awarded in general damages having suffered a soft tissue injury in an accident at work, would form the largest portion of the compensation you are awarded in a successful claim. General damages are awarded for the suffering and pain you had to endure as a direct result of having been injured in the workplace
Special damages – the amount you would be awarded in special damages is a lot easier to calculate. The reason being that the amount you receive would be based on the “actual” expenses and other costs you incurred as a result of having suffered a soft tissue injury in an accident at work. As such, you must keep all the receipts relating to your travel and medical expenses as well as any other out of pocket expenses you incurred

How Much Soft Tissue Compensation Could I Hope To Receive?

The amount of soft tissue injury compensation you may receive if your case succeeds, would depend on the severity of your injuries, the time it takes you to make a full recovery or whether your injuries would prevent you from working in the future. As such, the amounts provided below are given as a guide only and are based on Judicial Guidelines:

Damage to Achilles tendon, you may be awarded in the region of £33,700
Minor soft tissue injury to a shoulder where recovery would take 2 years, you may receive between £3,810 and £6,920
Moderate frozen shoulder where movement is limited and pain can last for around 2 years, you may be awarded between £6,920 and £11,200
Soft tissue injuries to your spine involving discs, you may receive between £34,000 and £61,140
Soft tissue injuries to your back involving ligaments and muscles where recovery can take up to 5 years, you may be awarded between £10,970 and £24,340
Soft tissue injuries to your neck which are severe, you could receive between £39,870 and £49,090

There are many parts of your body which can be negatively impacted by soft tissue damage should you be involved in an accident at work that leaves you with a minor or more serious injury. If you are obliged to take time off work to recover, you have the right to seek soft tissue injury compensation from your employer providing they could be deemed liable.

Should I Sue My Employer For a Soft Tissue Injury Sustained at Work?

All employees have the right to seek compensation for any injuries they sustain while they are at work providing the incident occurred in the last three years and the injuries sustained were through the negligence of someone else, whether an employer or a work colleague. Your soft tissue injury may be minor, but it could mean you are unable to work for a period of time which could put you under financial pressure. Should your soft tissue injury be extremely severe, you may not be able to work and bring in a wage for months. The workplace injury could be catastrophic and as such, you may not be able to work again.

As such, you would have the right to file a soft tissue injury claim against your employer and be compensated for the injuries you sustained through no fault of your own. Your employer must be law hold liability insurance and the policy must meet the legal requirement which is set at £5 million. This insurance covers workplace accidents that leave employees and other people injured. In short, it would be your employer’s insurance provider who would settle your soft tissue injury claim.

What are My Workers Rights if I Sustain a Soft Tissue Injury?

Your employee rights are very protected in the United Kingdom and this also means that following a workplace incident that leaves you with a soft tissue injury, you have the following rights:

To seek compensation for the suffering and pain you had to endure providing you can prove you were not responsible for the injuries you sustained because you acted irresponsibly or did not abide by working practices and procedures
To know that your job is secure even if you file a soft tissue injury claim against your employer

If your employer attempts to fire you or they tell you that you would be made redundant for seeking soft tissue injury compensation, you should contact a lawyer and discuss your concerns before taking any further action. This includes resigning from your job because you could be entitled to file further legal action against your employer. The reason being that they would be breaking the law by not allowing you the “right” to seek soft tissue injury compensation from them.

What Are My Employer’s Responsibilities in the Workplace?

Your employer has a duty to make sure that you are safe when you are in the workplace and they must do this by following the laws and legislation that is set in place. An employer’s responsibilities towards employees, other workers and anyone visiting a workplace is detailed below:

That you are provided with enough training to carry out your job safely and to provide ongoing training at regular intervals
That the equipment, tools and machinery that you use in the course of your work, is correctly maintained, serviced as per a manufacturer’s guidelines that and it is replaced when deemed no longer fit for use
To regularly carry out risk assessments of your working environment to identify dangers and hazards so that reasonable measures can be set in place to keep you safe from harm and injury
To ensure that you are given access to all working procedures and practices
To make sure that all personal protective equipment is correctly maintained and easily accessible when needed

Should an employer fail in any of the above and you suffer a soft tissue injury at work as a direct result, you could be entitled to file a personal injury claim against them and be awarded compensation for the pain and suffering you endured.

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

Accident at work claims can be complex legal procedures that are best handled by solicitors and lawyers who boast vast experience in handling personal injury claims on the behalf of employees against their employers. In short, working with a solicitor on a soft tissue claim provides many advantages and benefits which includes the following:

A personal injury lawyer has access to legal libraries which they can reference when representing you in a soft tissue claim
They have vast experience when it comes to communicating with your employer and their liability insurance providers
A solicitor who specialises in accident at work claims, understands and respects all the pre-action protocols and statutory time limits
The solicitor you work with, would provide essential information on the type of solid evidence that is needed when filing a soft tissue claim against your employer
Should your employer dispute your claim, a solicitor would investigate their claims with an end goal being to get your employer to admit liability for the soft tissue injury you sustained
A solicitor would ensure that you receive interim payments, should it take a long time for you to receive your soft tissue compensation settlement
They would make sure that you are examined by an independent medical professional whose detailed report would be vital when it comes to calculating the amount of compensation you could be awarded in a successful soft tissue injury claim against a negligent employer
The solicitor would ensure that you receive specialist treatment and ongoing therapy should your injuries be such that they are required
The firm of solicitors who represent you would ensure that the level of soft tissue injury compensation you are awarded is acceptable

Is There a Time Limit to Filing a Soft Tissue Injury Claim Against My Employer?

You would have 3 years from the date you suffered a soft tissue injury at work, to file a claim against your employer and to seek compensation for the injuries you sustained. However, the 3 year statutory time limit associated with personal injury claims can be longer for the following reasons:

You suffered a soft tissue injury at work when you were under the age of 18, in which case the statutory 3 year time limit would only begin from the day you turn 18 years of age
The 3 year time limit would start from the day you received an official diagnosis that you had developed a health issue that can be directly connected to a soft tissue injury that you sustained in an accident at work

Can My Employer Fire Me For Filing a Soft Tissue Injury Claim Against Them?

As previously mentioned, you have the right to seek compensation for a soft tissue injury you sustained in the workplace providing you can prove employer negligence, knowing that you cannot be sacked from your job for doing so. Should your employer threaten you with the sack or redundancy because you seek soft tissue injury compensation from them, you should seek legal advice because your employer would be acting illegally. In short, you could be entitled to file further legal action out against your employer.

Would a Solicitor Work on a No Win No Fee Basis on My Soft Tissue Injury Claim?

For a firm of solicitors to work on your soft tissue injury claim against an employer, your case would first need to be assessed. In order for a solicitor to establish whether your case is valid, you would be offered a free, initial, no obligation consultation, whether this takes place over the phone or in a face-to-face meeting and once a solicitor is satisfied that your case against an employer merits seeking compensation, they would offer to represent you by signing a No Win No Fee agreement. In short, if your case against a negligent employer is strong, you would not have to pay an upfront fee or any ongoing payments for a firm of lawyers to represent you when filing a soft tissue injury claim.

No Win No Fee agreements or Conditional Fee Agreements are binding legal contracts that set out the percentage you agree to pay the solicitor when you receive soft tissue injury compensation. The amount you pay is deducted from the amount of compensation you are awarded. Should you lose your case, you would not have to pay the agreed fee to the firm of solicitors who represented you in a soft tissue injury claim because you entered into a No Win No Fee agreement with them.

Informative Links

If you suffered a soft tissue injury at work and would like more information on how this type of injury is normally treated, please click on the link below:

More on how soft tissue injuries are treated

For more information on your worker’s rights in the United Kingdom, please follow the link below which takes you to the Government website:

More about your worker’s rights

Could I Sue an Employer for a Faulty Equipment Injury? – A Guide To Faulty Equipment Injury Against Employer Calculate Amounts

The Law Regarding Safety in the Workplace

As previously mentioned, there are several laws and Health and Safety Executive regulations that are set in place to ensure that all employees and other people are kept as safe as possible from harm and injury in the workplace. The laws that protect you while you are at work are listed below:

The Health and Safety at Work Act 1974
The Provision and Use of Work Equipment Regulations 1998 (PUWER) – covers equipment and plant machinery
The Lifting Operations and Lifting Equipment Regulations 1998 (LOLER) – covers lifting equipment
Pressure Equipment Regulations
Personal Protective Equipment Regulations 1992

Companies and businesses that employ more than 5 employees, must have a health and safety policy in place and must also carry out regular risk assessments of a working environment with an end goal being to identify hazards and dangers which may put employees as well as visitors at risk of being injured.

What Are the Most Common Causes of Faulty Equipment Accidents at Work?

You can sustain an injury when you work when using or operating faulty equipment in a multitude of ways. However, the most reported accidents at work involving faulty tools, machinery and equipment includes the following:

Being crushed – by unstable/faulty equipment or where guard rails are missing/broken
Electric shock – from faulty wiring
Electrical burn – from faulty wiring
Scalds – due to the lack of adequate personal protective equipment
Falls from height – whether from a faulty/unsuitable ladder, working platform or scaffolding
Injuries sustained on broken parts of equipment which includes sharp edges
Injuries sustained because of broken or badly maintained tools
Injuries sustained because of inadequate training

These are just some of the ways in which you can suffer a faulty equipment injury but there many others. Should you feel that your employer or a work colleague could be held liable for the injuries you sustained, you should discuss your case with an accident at work solicitor.

Your Employer’s Legal Duty in the Workplace

Under UK law, employers must ensure that all the equipment in a workplace is correctly maintained and in good working order to reduce the risk of injury to employees. Your employer must also make sure that you have been correctly trained to use the equipment. However, if the equipment is defective, no matter how well trained you may be, the risk of being injured is greatly enhanced.

Your employer would have to prove that you operated or used workplace equipment incorrectly or for a purpose other than it was intended if they want to argue liability for the workplace injuries you sustained when using faulty equipment. If this is the case, your employer would argue that you were negligent and not them.

However, if you have enough evidence to prove that you were operating the equipment in the manner by which you were trained, but that it was faulty or defective and you were injured as a consequence, you may have a case against your employer and could seek compensation by filing an accident at work claim against them.

Would My Faulty Equipment Injury Claim Be Successful?

All accident at work claims are treated as unique but the one common thread is the more evidence you can provide to strengthen your case against a negligent employer, the better the chance you would have of winning a faulty equipment injury claim. You would have to prove the following:

That the faulty equipment you were operating or using that left you injured was due to employer negligence because they failed to maintain it in good working order
That the injury you sustained could have been avoided had the equipment been in good working order and correctly maintained to a manufacturer’s recommendations
That you sustained your injury while carrying out your work

This type of accident at work claim is often a complex legal process which is best handled by an expert solicitor with vast experience in representing employees who have been injured in the workplace when operating or using faulty equipment. Contacting an accident at work lawyer sooner rather than later, would avoid falling into the many legal pitfalls associated with personal injury claims which includes the statutory 3 year time limit.

How Do I Start a Faulty Equipment Injury Claim Against My Employer?

As previously mentioned, it is far better to seek legal advice following a workplace accident caused by faulty equipment sooner rather than later. The reason being that there is a strict statutory time limit that you must adhere to when seeking compensation for a faulty equipment injury sustained in the workplace. The first thing to do is seek medical attention and to get a detailed report on the injuries you sustained, making sure that the doctor who treats you records even the minor symptoms you may be experiencing. Minor symptoms may not seem important at first, but further down the line you could find that things get a lot worse and may even require ongoing treatment or therapy.

It can take a lot of time and effort to gather all the information pertaining to the workplace accident in which you were injured. Gathering all the evidence required to prove a faulty equipment injury claim against an employer can also be a lengthy process. A solicitor has vast experience in handling this type of claim and would provide essential advice on what type of proof is required which would include the following:

A record of the workplace accident as reported at the time of the incident whether this was in the accident report book or by some other official method sent to your employer whether in a recorded letter or sent from your personal email account
A record of the initial medical report that details the extent of your injuries
Contact details of all the people who witnessed your accident
Witness statements
Photos of where the workplace accident occurred and if possible, CCTV footage of the incident – your employer is legally required to provide CCTV footage 40 days following a request for them to do so
Photos of your injuries before you received any treatment

You would need to keep all the receipts of any expenses you incurred as a direct result of having sustained a faulty equipment injury while you were at work. The receipts would be required as proof of the money you had to spend out and would be used to calculate the amount of compensation you would be awarded in a successful workplace accident claim.

What Can I Include in a Defective Equipment Injury Claim Against an Employer?

The way compensation is calculated for personal injury claims is as follows:

General damages – the amount of compensation you may be awarded in general damages should your faulty equipment injury claim be upheld, is calculated on the extent of the injuries you sustained. The more severe your injuries happen to be, the more in the way of general damages you would receive bearing in mind that all personal injury claims are treated as unique which in short means that the amount you receive could be more or less that the compensation another person with similar injuries may be awarded
Special damages – the amount of compensation you could be awarded would be based on the “actual” out of pocket expenses and other costs you incurred as a direct result of being injured in the workplace. Special damages cover your travel and medical expenses which is why it is important to keep all receipts as these would be required as proof of the costs you incurred

The amount you may receive in a successful faulty equipment injury claim would depend on the severity and the extent of the injuries you sustained in the workplace. Another factor that is taken into consideration is whether your injuries would prevent you from working in the future.

Should I File a Faulty Equipment Injury Claim Against My Employer?

You have the “right” to seek compensation for any workplace injury you sustained providing your case meets specific criteria. Firstly, that the incident occurred and the injuries you sustained were through no fault of your own. Secondly, that the workplace accident happened in the last 3 years which is the statutory time limit associated with personal injury claims.

Employers in the United Kingdom are legally obliged to hold valid liability insurance and the policy must meet the legal requirement of £5 million. It must also be issued by a recognised insurance provider. Failure to have the necessary liability cover in place, could mean that your employer receives hefty fines which are levied by the enforcing authority. As such, when you file an accident at work claim against your employer because you believe they were negligent in their duty to keep you safe while in their employment, it is the insurance provider who deals with your case and who would settle the amount of compensation you could be entitled to receive in a successful defective equipment injury claim against your employer.

What are My Workers Rights Following an Defective Equipment Accident at Work?

Your worker’s rights are protected which includes following an defective equipment accident at work. This means you have the right to do the following:

Seek compensation from your employer providing you can prove they were negligent in their duty to keep you safe from harm and injury while you were working for them
To know that your job is safe even if you file an accident at work claim against your employer

An employer cannot prevent you from doing either of the above and if they do attempt to put you off by threatening you with the redundancy or the sack, you could have the right to sue them and as such, the best course of action to take in these circumstances is to contact a solicitor.

What Are My Employer’s Responsibilities in the Workplace?

You employer is duty bound to make sure that your working environment is safe and they must set in place all reasonable measures to reduce the risk of you being injured when carrying out your job. An employer must abide by all the Health and Safety Executive regulations and other laws relating to how equipment must be maintained. You must also be provided with adequate training to use all the equipment, tools and machinery that your job entails. This includes ongoing training too.

Should your employer fail to follow Health and Safety guidelines or they ignore any laws and regulations which results in you being injured while operating or using faulty equipment, they could be held liable and you could have the right to seek compensation by filing a faulty equipment claim.

Your employer must ensure that you receive the following:

Correct training with ongoing training being provided at regular intervals
That equipment you use is correctly maintained so that it is in good working order
That you are provided with adequate personal protective equipment which must be correctly stored and maintained
To ensure that you are aware of all working practices and procedures
That regular risk assessments of your working environment are carried out with an end goal being to identify any dangers and hazards
To set in place all reasonable measures to reduce the risk of harm and injury to employees and other people who visit a workplace

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

Having an expert accident at work lawyer represent you offers many benefits and advantages both at the outset of filing a claim against a negligent employer and throughout your case as it progresses. Some of these advantages are listed below:

A firm of lawyers would initially assess your case against your employer to establish if your defective equipment injury claim would be upheld whether it goes to court or a settlement is reached “out of court” with your employer’s liability insurance provider. It is worth noting that a very high percentage of personal injury claims are never heard by a judge with insurance companies preferring to negotiate a settlement without the need to go to court. However, should an employer choose to argue your claim, a solicitor would then file a suit through the courts
Once a solicitor has established you have a strong claim against a negligent employer which they would do in an initial consultation which is free of charge, they would offer to represent you after signing a No Win No Fee agreement with you. This means the firm of lawyers can begin work on your claim without you having to pay them an upfront fee to do so. There would be no ongoing payments to find either as your case progresses
A lawyer with vast experience in handling accident at work claims on behalf of employees who have suffered injuries in the workplace, would respect all the pre-action protocols and be aware of the statutory time limit associated with personal injury claims, thus avoiding any of the legal pitfalls
A solicitor would communicate with your employer and their liability insurance providers and would always be aware of the time limits associated with correspondence between a claimant and a defendant
Lawyers can access legal libraries which means they can research precedents when representing you
A solicitor would ensure that you receive interim payments should your case be very complex and reaching a final settlement may take longer, thus alleviating any financial pressures you may be experiencing
A lawyer would arrange for you to be examined by an independent consultant or specialist who would produce a detailed medical report on the extent of the injuries you sustained. The report would be crucial as it would be used as a basis for the amount of compensation you may be awarded in a successful defective equipment injury claim against a negligent employer
The solicitor would negotiate a fair and acceptable amount of defective equipment injury compensation for you whether through the court or in direct negotiation with your employer’s insurance provider
A lawyer would arrange for you to receive rehab should your injuries be such that you require ongoing treatment and therapy

Is There a Time Limit to Filing a Faulty Equipment Injury Claim Against My Employer?

You would have 3 years to file a faulty equipment injury claim against your employer. However, the statutory time limit can begin at different times which are listed below:

The time limit of 3 years begins from the date you were injured in the workplace through no fault of your own
The time limit of 3 years starts from the date of an official medical diagnosis of a health issue you developed as a direct result of the workplace injury you sustained
The time limit of 3 years begins from the day you turn 18 years of age, should the workplace accident that left you injured have occurred prior to you being 18 years old

Could I Lose My Job For Filing a Faulty Equipment Injury Claim Against My Employer?

You cannot lose your job because you seek compensation for a faulty equipment injury sustained in the workplace. Your employer must have another reason for firing you and it has to be valid. Should you find that you are being treated unfairly or detrimentally because you file a personal injury claim against your employer, you should seek legal advice before resigning or doing anything else. The same applies if your employer threatens you with redundancy because you tell them of your intentions.

Your employer would be acting illegally if they do any of the above and as such, you could be entitled to take further legal action out against them on top of your faulty equipment injury claim.

Would a Solicitor Work on a No Win No Fee Basis on My Faulty Equipment Injury Claim?

As previously mentioned, once a firm of solicitors is satisfied that your faulty equipment injury claim against an employer is valid and that there is a very strong chance that your case would be upheld, whether by a judge or your employer’s liability insurance providers, they would offer to represent you without the need of requesting an upfront fee/retainer. You would sign a No Win No Fee agreement otherwise known as a Conditional Fee Agreement (CFA) which is a legal document that sets out the percentage that would only be payable when you are awarded faulty equipment injury compensation in a successful claim.

Should you lose your case, you would not have to pay the percentage which is known as a “success fee” because you signed the CFA with the firm of solicitors you chose to represent you when you made a faulty equipment injury claim against your employer on a No Win No Fee basis.

Informative Links

If you would like to know more about Health and Safety at Work regulations, the following link takes you to the government website where you will find more information on an employer’s responsibilities in the workplace:

More about Health and Safety regulations in the workplace

To find out more about pressure equipment regulations, please click on the link below:

http://www.hse.gov.uk/toolbox/pressure.htm

If you would like more information about the personal protective equipment at work regulations 1992, please follow the link below:

Personal Protective Equipment at Work Regulations 1992