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What Compensation Could I Get For a Hip Injury Sustained at Work? – A Guide To Hip Injury Claims Against Employer Calculate Amounts

If you were involved in an accident at work and sustained a hip injury as a consequence, it can have a debilitating and serious affect on your ability to work and future life. Providing you can show that the workplace accident could have been avoided or was the fault of a work colleague or your employer, you may be entitled to claim compensation. To find out more on how to file a hip injury claim, please read on.

Employee Injury At Work Advice

What Are The Consequences of Suffering a Hip Injury?

If you have suffered a serious hip injury, the consequences can be life changing. Not only would it inhibit your ability to work and bring in a wage, but it could negatively impact your overall well-being and future life. Should your injuries be such they leave you with a long-term disability and constant pain, it may be necessary to have your home adapted and you may also need constant care. Even a less serious injury to your hip can leave you unable to work or to carry out normal daily chores around the home for a period of time.

What the Most Common Hip Injuries and The Causes?

You can injure a hip in many ways when you are at work and this includes the following:

  • A fractured pelvis – this type of severe hip injury can result in long-term pain that could require ongoing medical treatment. It is the sort of injury that can be life changing. A catastrophic fractured pelvis could even lead to having a leg amputated. One of the more common causes of a fractured hip is due to a slip, trip or fall
  • Muscle and ligament damage and tears – when the ligaments and muscles surround your hip are negatively impacted, it is referred to a sustaining a “hip strain”. This type of hip injury occurs when the muscles contract quickly and the cause is typically when you over-stretch or by a hard impact to the hip. The recovery time for this type of injury can take several weeks during which time there would be a lot of pain and discomfort leaving you unable to work or easily move around due to the swelling and bruising around the affected area
  • A dislocated hip – this type of hip injury is extremely painful. The damage occurs when the ball joint found in your hip pops out of the pelvic socket. The injury typically happens when you are involved in a collision or in a high-impact incident. Suffering a dislocated hip would leave you unable to move and you would need treatment as a matter of urgency
  • Hip bursitis – the sack of fluid found between your pelvis and your leg is known as the “bursa”. It’s job is to reduce the amount of friction that occurs and it also allows for free movement of your leg. Should the bursa be negatively impacted in any way, it causes extreme pain when you attempt to move thanks to the amount of swelling that occurs in the affected hip. It can take several weeks for you to recover from hip bursitis, but it is the type of injury that generally heals by itself

What Are the Common Causes of a Hip Injury in the Workplace?

One of the most reported accidents at work that result in hip injuries is when a floor surface is poorly maintained. The most common causes of this type of injury includes the following:

  • A slip, trip and fall on a slippery floor or uneven surface
  • A fall from height
  • Being crushed by a moving vehicle
  • Being crushed by a falling item

Would My Hip Injury at Work Claim Be Valid?

As previously mentioned, as long as you can prove that the accident that left you with an injured hip occurred in the workplace and the incident happened due to either employer negligence or because of the error of a work colleague, your claim would be valid. Even if you think you are partly responsible for the hip injury you sustained in the workplace, you should contact a solicitor who specialises in personal injury claims because you could still be entitled to seek compensation from your employer although the amount of hip injury compensation awarded would reflect your level of responsibility.

What is the Procedure Following a Hip Injury Sustained at Work?

All workplace accidents and near misses should always be officially recorded in the work’s accident report book or if the incident is reportable, RIDDOR must be notified. If you were involved in a workplace accident and sustained an injured hip, you should seek medical attention as soon as possible even if you believe the damage is only minor.

Other steps that must be followed when you suffer an injury in the workplace are listed below:

  • Take photos of where the accident at work occurred and if possible, request CCTV footage of the incident which an employer must legally provide
  • Take photos of your injuries which ideally should be prior to you having received any treatment
  • Get statements of all the witnesses who saw your accident
  • Get the contact details of everyone who witnessed the workplace accident
  • Get a medical report of your injuries which should be as detailed as possible bearing in mind that even minor symptoms you may be experiencing can turn nasty further down the line, more especially with this type of injury to a hip

Should you be unable to do any of the above yourself, ask a trusted work colleague to do this on your behalf. Once you are able, you should check the record of the workplace accident that was noted in the accident report book and if you find any of the details to be incorrect, you have the right to correct the information. If there is no accident report book, make sure that you either send details of the accident and the injuries you sustained via personal email or in a registered letter addressed to your employer or person in charge.

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

The level of hip injury compensation you may receive would depend on the extent of your injuries and how your future life may be negatively impacted, which includes your ability to work and bring in a salary. As such, the amounts indicated below are provided as a guideline to how much  compensation you may receive in a successful personal injury claim against your employer:

  • Minor hip injury which involves soft tissue damage – you could receive anything up to £3,150
  • Minor hip injury that leads to slight disability from which you recover – you could be awarded from £3,150 to £10,040
  • Moderate hip injury where surgery is required, you could receive £10,040 to £21,200
  • Moderate hip injury where the damage is severe but any disability is less serious – you could be awarded between £21,200 and £31,220
  • Serious hip injury that leads to leg instability and degenerative changes where future surgery may be required you could be awarded between £31,220 and £41,860
  • Serious hip injury where the damage to the pelvis is very severe, you could be awarded between £49,350 – £62,4900
  • Serious hip injury where the damage is extremely severe and which results in significant disability, you could receive between £62,490 – £104,370

As previously mentioned, the amounts of hip injury compensation you may be awarded as indicated above, are provided as a guideline. The reason being that all personal injury claims are treated as unique. As such, the amount you may receive could be more or less that the compensation another employer received having suffered a similar hip injury that you suffered in an accident at work.

It is also worth noting that the amounts indicated above cover “general damages” and that you would be entitled to receive “special damages” which would compensate you for all the out of pocket expenses you incurred due to your injuries.

What Can Be Included in a Hip Injury at Work Claim?

The way compensation is calculated in personal injury claims is done in two parts. General damages cover the pain and suffering you endured as a result of sustaining a hip injury while you were at work while special damages are awarded to compensate you for any expenses you had to pay out as result of your injuries.

As such, it is easier to calculate the level of hip injury compensation you may receive in special damages because they are based on “actual” out of pocket expenses. All travel and medical receipts would be required as proof as well as any other receipts for costs you had to pay out. General damages on the other hand, are harder to calculate as it would depend on the extent of your injuries as to how much compensation you may be awarded.

Employee Injury At Work Advice

Should I File a Hip Injury at Work Claim Against My Employer?

As an employee who suffered a hip injury while you were at work, you have the right to seek compensation from your employer providing your claim meets specific criteria. These are that you sustained your injuries in the workplace and the accident occurred through no fault of your own. With this said, even if you are partly responsible for your injuries, you could still be entitled to seek hip injury compensation from your employer. You must also adhere to the strict statutory time limit which is set at 3 years for all personal injury claims.

Your employer is legally obliged to have liability insurance which covers accidents in the workplace where employees are injured. The policy must be issued by an insurance provider that is recognised and it must meet the legally required cover of £5 million. As such, when you file a hip injury claim against your employer, the insurance they have in place would cover the amount of compensation you may receive should your case be upheld in a court or your employer’s insurers choose to settle out of court.

Do I Have Workers Rights If I Am Injured at Work?

You have worker’s “rights” which are highly protected in the UK and this also applies to when you are injured in the workplace. You have the “right” to the following if you suffer a hip injury while carrying out your daily work for an employer:

  • To seek compensation for the pain, suffering and out of pocket expenses you incurred
  • To file a personal injury claim against your employer without the fear of losing your job or being discriminated against

Should you find that your employer tries to fire you or to make you redundant because you tell them of your intentions to seek compensation by filing a hip injury claim against them, you should contact a solicitor because your employer would be acting illegally. In short, you may be able to take out further legal action against your employer due to their behaviour towards you.

Is There a Time Limit to Making a Hip Injury at Work Claim Against an Employer?

You would need to abide by the strict statutory time limit of 3 years should you wish to make a hip injury at work claim against your employer. However, if you develop a health issue that is linked to your injury further down the line, the time limit of 3 years begins from the date you were diagnosed as suffering from the medical condition which has to be provided by a medical professional. Should you have suffered your injury before you turned 18 years of age, the statutory time limit begins from the date of your 18th birthday.

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

As previously mentioned, your worker’s rights entitle you to seek compensation for a hip injury sustained at work without the fear of being sacked, made redundant, being treated unfairly or detrimentally for doing so. Your employer would have to prove they had another “good and valid” reason for sacking you other than the fact that you seek compensation from them. Should your employer tell you that you would lose your job if you file a person injury claim, their actions would be illegal and you could take further legal action out against them. In short, you should discuss your concerns with a solicitor who would advise you on how best to proceed.

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

Accident at work claims are complicated legal procedures where pre-action protocols must be respected. The 3 year statutory time limit also means that starting a claim sooner rather than later would help avoid running out of time. The other thing to bear in mind, is that there are many legal pitfalls to avoid when making a hip injury claim against your employer. In short, one of the main advantages of having a solicitor represent you, is that they have vast experience and understand how to communicate with employers, their insurance providers and should your case go to court, a solicitor would know how to present your hip injury claim against a negligent employer to a judge.

Other benefits and advantages that a solicitor would bring to the table when filing an accident at work claim against your employer are listed below:

  • The initial consultation with a solicitor is free of charge and you are under no obligation to continue should you not wish to
  • They would arrange for you to be examined by a medical expert who would provide a detailed report of the extent of the injuries you sustained. The report would be crucial when it comes to calculating the amount of general damages you could be awarded in a successful hip injury claim
  • They would help you gather all the required evidence to ensure your case against an employer is strong and that it would therefore stand a much better chance of being upheld
  • Once a solicitor is happy that you have a valid claim and that your employer was negligent in their duty to keep you safe while at work, they would offer to work on your case on a No Win No Fee basis. In short, the solicitor would start working on your claim without having to request a payment from you
  • Should your employer deny liability for hip injury you sustained, the solicitor would investigate their claims before advising you on whether it would be best to file a lawsuit against them
  • They have access to legal libraries which can be referenced when needed
  • Should your case be extremely complex because of the nature of your injuries, a solicitor would work hard to ensure that you receive “interim” payments until a final settlement is reached
  • A solicitor would ensure that you are awarded the correct level of hip injury compensation in a final settlement
  • You would have access to private therapy and treatment should your injuries be such that you require ongoing medical care
  • Once you sign a Conditional Fee Agreement with the firm of solicitors you choose to represent you, you can place all your focus on recovering from your injuries
  • You would have nothing to pay for the legal representation you receive should you lose your hip injury claim against your employer because the “success fee” is only payable when you win your case and are awarded hip injury at work compensation

Having a solicitor represent you when filing a hip injury claim against your employer, makes the whole legal process much easier to follow and it avoids any errors being made from the outset which could slow the proceedings down or mean that your case fails. No Win No Fee lawyers understand the need to provide as much evidence as possible when filing a personal injury claim against an employer. Their experience allows for them to negotiate with your employer’s insurance provider which in turn ensures that you receive the correct level of hip injury compensation you rightly merit.

Employee Injury At Work Advice

Informative Links

To find out more about hip injuries, please follow the link below which takes you to the NHS website where you will find a lot of useful information:

More about hip injuries and hip pain

If you sustained a serious hip injury at work and would like more about exercises you can do to improve muscle and joint strength, please click on the link below:

More about exercises for hip pain

 

Can I Sue My Employer for a Slipped Disc? – A Guide To Slipped Disc Claims Against Employer Calculate Amounts

You can suffer many types of back injuries in the workplace, but one of the most serious is a slipped disc. Often referred to as either a prolapsed or herniated disc, this type of injury is extremely painful and debilitating. If the damage is serious, it may be necessary to undergo spinal surgery. With this said, a slipped disc can prevent you from working whether for a short period of time or the long-term. If you sustained a slipped disc at work you could be entitled to seek compensation for the pain, suffering and out of pocket expenses you incurred. To find out more on how to file a slipped disc claim against an employer, please read on.

Employee Injury At Work Advice

The Definition of a Slipped Disc

When you suffer this type of back injury, it is the lumbar region of your spine that is negatively impacted. When a spinal disc ruptures, it places tremendous pressure on your spinal nerves causing excruciating pain. Other symptoms associated with a slipped disc includes the following:

  • Loss of sensation due to spinal nerves being negatively impacted
  • Weakness
  • Intense pain in your lower back
  • Limited mobility
  • Sharp shooting pains that run down your legs which is  referred to as sciatic pain

If you experience any symptoms detailed above following a workplace accident that results in you injuring your back, you must seek medical attention as soon as possible.

What Are the Common Causes of a Slipped Disc in a Work Environment?

You can suffer a slipped disc in a variety of ways in the workplace. However, the most common causes are as follows:

  • Lifting heavier items
  • Serious trauma following a fall from height
  • A lack of training in manual handling

Your employer has a duty of care to ensure that you are correctly trained should your job entail manual handling and they must also provide the correct equipment and tools to reduce the risk of your injuring yourself. If you are not provided with adequate training, you are at much greater risk of suffering a back injury which includes a slipped disc. As such, your employer could be held liable for your injuries and you could be entitled to seek compensation from them.

What Procedure Should I Follow if I Suffer a Slipped Disc at Work?

If you suffer a slipped disc while you are at work carrying out your normal daily job, you should seek medical care as a matter of urgency not only to alleviate the pain you experience but also to have your injuries diagnosed as soon as possible. You may not be able to file an official report detailing the extent of your injuries, in which case you should ensure that a work colleague you can trust, does this on your behalf. The procedure that must be followed if you suffer any sort of injury in the workplace is as follows:

  • That an official record of the workplace accident and the extent of the injuries you sustained are noted in the work’s accident report book. If there is no book, you should make sure that a detailed report is sent to your employer either through the mail in a registered letter or via a personal email
  • Photos of where the accident occurred
  • If there is CCTV footage of the accident, you should request this from your employer who provide the footage in a timely manner when asked
  • Photos of the injuries you sustained to your spine
  • An official and detailed report of the extent of the spinal injury you sustained which should be provided by the doctor who first examined and treated you whether this was your own GP or a doctor in the Accident and Emergency Department of a hospital
  • Witness statements together with all their contact details
  • The RIDDOR report should the workplace accident be “reportable” to the Health and Safety Executive

It goes without saying that the more evidence that you can provide, the stronger your slipped disc claim would be against your employer. Should your employer deny liability, a solicitor would investigate the claim that they cannot be held responsible and would then assess whether you should begin legal proceedings against your employer. Should this be the case, you would have to attend court where you slipped disc claim against an employer would be heard by a judge.

Would My Slipped Disc at Work Claim be Valid?

If you are involved in any sort of accident in the workplace and you suffer slipped disc while carrying out your work, you have the right to file a personal injury claim to seek compensation from your employer. However, for your claim to be valid, you would have to prove that you sustained a slipped disc at work, the incident occurred in the last three years and that you were not responsible for the injuries you sustained.

With this said, you could be partly responsible for the accident at work that left you injured and still be able to claim compensation. However, the amount you receive would reflect your level of liability which is referred to in law as “contributory negligence”.

What Level of Compensation Could I Receive for a Slipped Disc?

The level of compensation you could receive would vary on the extent of the workplace injuries you sustained. In short, if you suffered a very serious, life-changing slipped disc injury, you would be awarded more than a more minor injury to a disc. The amounts provided below are given as a guideline to the amount of compensation you may receive in a successful slipped disc claim:

  • Prolapsed intervertebral disc where surgery is required or where nerves have been negatively impacted which results in restricted mobility as well as loss of independence, you may be awarded between £19,000 and £28,000
  • Slipped disc that requires a laminectomy or where the condition remains ongoing, you may be awarded between £8,000 -£20,000
  • Severe slipped disc where spinal discs suffer fractures or lesions, you could receive up to £50,000

It is worth noting that the amounts given above are a guideline because all slipped disc claims are treated as unique and as such you may be awarded more or less in the way of compensation for the injury you sustained. It is also worth noting that on top of these amounts, you would also be entitled to receive “special damages” which are awarded to compensate you for all your out of pocket expenses.

What Can Be Included in a Slipped Disc at Work Claim?

Personal injury compensation is calculated in two parts as follows:

  • General damages are awarded to compensate you for the injuries you sustained in the workplace. The amount you could be awarded in a slipped disc claim would reflect the extent of your injuries and how they impact your future life and your ability to work again
  • Special damages are awarded to compensate you for all the money you had to pay out due to having been injured in the workplace which includes all your medical and travel expenses as well as any other expenditures you incurred as a result of your injuries. You must be able to provide evidence of your out of pocket expenses in the form of receipts

As previously mentioned, the amount of general damages you could be awarded, would depend on the extent the injuries you sustained at work. Having an independent medical report would help establish just how much slipped disc compensation you may be entitled to receive whether your case goes to court or your employer’s insurers choose to offer you an out of court settlement.

Employee Injury At Work Advice

Is It a Good Idea to File a Slipped Disc Claim Against My Employer?

You have the right to seek compensation if you suffered a slipped disc while carrying out the job you do. However, as previously mentioned, you would have to provide proof that the accident occurred while you were at work and that your injuries were either caused by a work colleague or through employer negligence. Should you believe that you could be held partly responsible for your injuries, you should contact a lawyer who specialises in accident at work claims because your employer may be partly responsible which is known as “contributory negligence”.

Your employer, like all employers in the United Kingdom, has to carry liability insurance that provides the legally required amount of cover. This is set at £5 million and the provider must be a recognised insurance company. Should an employer fail to have the necessary liability insurance in place or they fail to display the policy, they could receive hefty fines from an enforcing authority.

When you file a slipped disc claim against your employer, it is their insurers who would handle all aspects of your case which includes negotiating and paying out a final settlement when this is reached. It is noteworthy that most personal injury claims are settled between the insurance provider and the solicitor who handles the case rather than having to go before a judge in court. However, should an employer dispute your claim, you may find that a solicitor advises filing a lawsuit against your employer in which case, your slipped disc claim would be heard by a judge and you may have to attend court.

Do I Have Workers Rights Following an Accident at Work?

Should you be involved in a workplace accident that leaves you with a slipped or herniated disc injury, your worker’s rights allow you to seek compensation for your pain and suffering. However, you would need to show that the incident occurred in the last 3 years and that it was caused either through employer negligence or because of an error on the part of a work colleague.

If you believe that you could be partly responsible for the slipped disc injury you sustained at work, your employer could also be held partly liable. As such, you should discuss your case with an accident at work lawyer who would establish the level or contributory negligence on the part of both the claimant (yourself) and the defendant (your employer).

Your rights following a workplace accident in which you are injured include the following:

  • To file a personal injury claim to seek compensation
  • That your job is not at risk because you file an accident at work claim against your employer

If an employer treats you detrimentally or unfairly because you seek compensation, you should contact a lawyer who would advise you on whether you should file further claims against your employer. The same applies if an employer threatens you with redundancy or the sack.

What Are My Employer’s Responsibilities in the Workplace?

Health and Safety Executive regulations and other laws protect you when you are in the workplace and your employer must adhere to them. Should an employer fail in their duty to keep you safe while you are at work, they could be held liable should you suffer a slipped disc in a workplace accident due to their negligence. All employers must do the following with an end goal being to reduce the chances of a workplace accident happening:

  • Adequate and ongoing training is provided to all employees and other members of staff
  • Equipment, tools and machinery in the workplace is kept in good working order and regularly serviced as per the manufacturer’s recommendations
  • Risk assessments are regularly carried out with an end goal being to identify hazards and to set in place all reasonable measures to reduce the risk of accidents occurring
  • Working practices and procedures are made available to all employees and other members of staff
  • Personal protective equipment is correctly stored and provided to employees when needed to carry out a job they are tasked to do

Ignoring Health and Safety Executive regulations and other laws which results in you suffering a slipped disc at work, could mean that your employer failed in their legal duty to keep you safe from injury while you are in their employment.

Are There Any Benefits to Working With a Solicitor on a Slipped Disc Claim Against an Employer?

A solicitor who specialises in accident at work claims has vast experience when it comes to what can often be a complex legal process. They know how to avoid the legal pitfalls associated with personal injury claims that are work-related and always respect the statutory 3 year time limit and pre-action protocols. Other advantages that a solicitor would provide when filing a slipped disc claim against an employer also include the following:

  • A solicitor would arrange an examination by a consultant or specialist. The detailed medical report they provide would be essential when it comes to calculating the amount of slipped disc compensation you could be awarded
  • Lawyers can access legal libraries on which they can base aspects of your slipped disc claim against an employer
  • You would be offered a no obligation, initial consultation for which there is no charge. This allows the solicitor you contact to assess the strength of your claim and whether your employer could be held liable for the slipped disc injury you sustained in the workplace
  • A firm of solicitors would agree to represent you on a No Win No Fee basis once they establish that you have a strong case against a negligent employer. In short, there would be nothing upfront or any ongoing fees as your claim progresses either
  • If your employer denies liability, the solicitor would work hard when it comes to investigating the claim and would issue legal proceedings against your employer if they continue to deny responsibility for the injuries you sustained in the workplace
  • A solicitor would communicate with your employer’s liability insurance provider and would negotiate an acceptable level of compensation for you
  • The solicitor would also ensure that you are awarded interim payments if necessary, until a final settlement is reached. This is especially the case when a slipped disc claim is complicate due to the extent of the injuries you sustained in an accident at work
  • A solicitor would also ensure that you receive ongoing treatment should your injuries be so severe that you require long-term medical care

Having an accident at work lawyer represent you on a slipped disc claim against a negligent employer, would allow you to place all your focus on your recovery.

Is There a Time Limit Associated With a Slipped Disc Claim Against an Employer?

The 3 year statutory time limit that applies to all personal injury claims must be respected for a slipped disc claim to be valid. However, should you have been injured in an accident at work before you turned 18 years of age, the statutory 3 years begins on your 18th birthday. Should you develop a medical condition that a specialist can link directly to the slipped disc injury you sustained in a workplace accident, the 3 year time limit starts from the date of the diagnosis.

Can My Employer Fire Me If I Claim Compensation for a Slipped Disc?

Your worker’s rights protect you from being fired should you have been in an accident at work that left you suffering from a slipped disc. You have the right to:

  • Seek compensation from your employer for the injuries you sustained while in their employment
  • File a personal injury claim without the fear of being sacked for doing so

An employer would be acting illegally should they attempt to prevent you from filing an accident at work claim and this includes threatening you with redundancy.

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

As previously mentioned, once a firm of lawyers establishes your accident at work claim against your employer is valid, they would typically represent you after signing a Conditional Fee Agreement which is also known as a No Win No Fee agreement. Once the contract is signed, the lawyer would then start investigating your claim and would communicate directly with your employer and/or their liability insurance provider and they would do so without requesting a retainer/upfront fee.

No Win No Fee agreements are legally binding contracts that lay out the Terms and Conditions as well as the “success fee” that would only be payable on a successful slipped disc claim against an employer. The agreed percentage would be deducted from the amount of slipped disc compensation you are awarded. Should your case not be successful, you would not have to pay for the legal services the No Win No Fee lawyer provided.

Employee Injury At Work Advice

Informative Links

To find out more about slipped disc injuries and treatment options, please click on the link below:

More about slipped discs and treatment options

If you would like more information on how long it takes to recover from a slipped or herniated disc, please follow the link below:

More about recovering from a slipped disc injury