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I Crushed a Toe in Accident at Work Can I Claim Compensation? – How Much Compensation Can I Claim Against My Employer For a Crushed / Broken Toe?

Do I Have a Valid Crushed Toe Claim Against My Employer?

Your crushed toe claim would be valid as long as you can prove employer negligence and that the accident at work occurred in the last 3 years through no fault of your own. You would have to provide enough evidence that your employer did not keep you safe from injury in the workplace because they did not abide to Health and Safety Executive regulations and other laws that exist to keep employees safe while they are at work.

All employers in the UK have legal responsibilities to all the people who are in their employment whether permanent staff, temporary or agency workers and contractors who are under the “control” of an employer as well as visitors to a working environment. These legal duties include providing all employees and other people with the following:

Adequate training to carry out a job
Ongoing training must be given to all staff whether new employees or existing workers
To provide the correct personal protective equipment when necessary so that workers can carry out a job safely
To carry out regular risk assessments in the workplace and to set in place measures to reduce the risk of injury to both employees, other members of staff and visitors to a workplace
To make sure that all tools, machinery and equipment is correctly maintained, serviced and replaced when necessary as per the manufacturer’s handbook and guidelines
To ensure that all employees are provided with working practices and detailed working procedures

If an employer does not abide by the regulations that exist to keep you safe and you suffer an injury, you have the right to seek compensation. Filing an accident at work claim is best done sooner rather than later because it can take a long time to gather all the evidence required to prove your case. As such, it is far better to seek legal advice from a lawyer sooner rather than later to avoid running out of time to file your claim.

What Are the Consequences of Sustaining a Crushed Toe in an Accident at Work?

If you suffer a crushed toe in an accident at work, not only is this an extremely painful and debilitating injury but it can lead to ongoing problems further down the line which includes suffering from arthritis. You may not be able to operate machinery and equipment if you suffered a crushed toe and it could prevent you from driving until you are fully recovered from the injury.

Other problems that could arise from having sustained a crushed toe includes the following:

Damage to tendons
Damage to ligaments
Damage to soft tissue
Fractured and broken bones

If your toe is extremely badly crushed, you may even have to have it amputated and if it is your big toe that is crushed beyond repair, it would severely affect your balance and ability to walk. Your injuries may be such that you are not able to carry out the job you did prior to being involved in an accident at work and as such your life could be changed forever.

What Are the Most Common Causes of Crushed Toes in the Workplace?

You can suffer a crushed toe in many ways while at work which includes being involved in the following accidents:

A slip, trip and fall on uneven, wet, slippery and cluttered areas
An item falls on your toe crushing it
A work colleague drops an item on your foot and you are not wearing the correct protective footwear
An item falls from a height on your foot and you are not wearing the right protective footwear
Your foot is trapped while you are handling heavier loads or when you are operating machinery, tools and equipment
A tool is dropped on your toe

If you sustained a crushed toe at work and you need time off work to fully recovery from your injury, you should discuss your case with an accident at work solicitor who would assess your claim before advising you on how best to proceed should they believe your employer could be held liable.

How Much Compensation Could I Receive in a Crushed Toe Claim?

The amount of compensation you may be awarded in a successful crushed toe claim would depend on the complexity as well as the severity of your injury together with how your ability to work is impacted. Every work-related personal injury claim is different and as such your case would be treated as unique. With this said, past successful crushed toe claims that have been filed against negligent employers have resulted in amounts being awarded from £7,050 for minor injuries right up to £41,250 for more serious crushed toe damage that seriously impacts your overall health and well-being.

Should your toe have to be amputated because the injuries are extremely severe and it is not possible to surgically put right the damage that has been done to the bones in your toe, you could be awarded as much as £27,450;

What Can I Include in My Crushed Toe at Work Claim?

As with all personal injury claims, when it comes to work-related injuries there are specific things that can be included which are divided into two categories, namely general damages and special damages.

Special damages are a lot simpler to calculate as they are based on actual expenses and other outgoings that you have to deal with as a direct result of having suffered a crushed toe in an accident at work.

General damages on the other hand, are more complicated when it comes to calculating just how much you may be awarded should your crushed toe claim be upheld by a judge or your employer’s insurance providers offer you an out of court settlement. The reason that general damages are harder to calculate, is that they are based on the severity and complexity of your injuries together with how much your life and ability to work may be negatively impacted.

With this said, it is essential that you keep all receipts and other paperwork relating to any expenses you incurred when planning to file an accident at work claim against your employer. These would be required when calculating how much compensation you are awarded whether your case goes to court or is settled out of court by the insurance providers. When contacting a lawyer who specialises in accident at work claims, you must be able to provide these receipts as evidence of all the out of pocket expenses you incurred as a direct result of having suffered a crushed toe while carrying out your job.

Should I Sue My Employer Because of a Crushed Toe at Work?

Crushed toes are generally treated as severe and debilitating injuries that can lead to other medical conditions developing further down the road and this includes arthritis. You may be off work for weeks and even months following an accident that leaves you with a crushed big toe. Your injuries could be so severe that it is impossible to surgically put the damage right and as a result your toe might need to be amputated. Not only does this mean enduring a lot of physical pain, but it can lead to psychological damage too.

As such, you have every right to seek compensation for the out of pocket expenses you incurred as well as all the pain and suffering you had to endure through no fault of your own but because your employer failed to keep you safe while you were in their employment. It is noteworthy that your boss would not have to pay the compensation you are awarded in a successful crushed toe claim because under UK law, they must have employer liability insurance and the policy must be provided by a recognised insurance provider. The cover must be a minimum of £5 million and the policy should be displayed where all workers and other people can see it.

Should an employer fail to have valid liability insurance cover in place, they could be fined up to £2,500 a day by the enforcing authority. If an employer refuses to show an authority their liability policy, they could be liable to another fine. As such, the majority of responsible employers would ensure that their policy meets all the legal requirements.

It is also worth noting that the majority of successful personal injury claims are settled before they are heard by a judge because insurance providers prefer to settle out of court. Should this be the case where your crushed toe claim is concerned, the compensation negotiations are best handled by a lawyer who boasts vast experience in handling accident at work claims.

What are My Workers Rights Following an Accident at Work?

Your employment rights are extremely protected in the UK and this includes your rights should you be injured in an accident at work that leaves you with a crushed toe. This means the following:

That you can seek a level of compensation to suit the injuries you sustained in the workplace through no fault of your own
That you cannot be sacked because you choose to make an accident at work claim against your employer

If you find that your employer does not agree with you filing for compensation for a crushed toe you sustained while in their employment, you should contact a solicitor who specialises in employment law who would offer essential advice on how to file a detriment claim against your employer.

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

There are many benefits to not representing yourself when filing a crushed toe claim and to seek legal advice and representation sooner rather than later. The benefits to working with a solicitor on an accident at work claim include the following:

A solicitor would represent you on a No Win No Fee basis if they are satisfied you have a strong case against your employer
You would not have to pay an upfront retainer or ongoing fees when working with a No Win No Fee solicitor
The solicitor would communicate with your employer and their insurance providers as soon as you sign the Conditional Fee Agreement (CFA) with them
The solicitor would arrange specialist medical reports on your injuries
The solicitor would ensure you receive specialist treatment and therapies for your injuries should this be deemed necessary which could help speed up your crushed toe recovery time
A solicitor has access to legal libraries
A solicitor would ensure that you receive the level of crushed toe compensation you deserve by negotiating directly with your employer’s insurance providers

Is There a Time Limit to Filing a Crushed Toe Claim Against My Employer?

You would have to make your crushed toe claim within the statutory time limit associated with work-related personal injury claims. This time limit is detailed as follows:

You have 3 years from the date you suffered a crushed toe in the workplace
You have 3 years from the date you were diagnosed as suffering from a medical condition that can be directly linked to the injury you sustained
You have 3 years from the date of your 18^th birthday if you suffered an injury when you were under 18 years of age

Can My Employer Fire Me For Filing a Claim?

You cannot lose your job if you are injured in the workplace and choose to seek compensation from your employer. It is against the law for an employer to treat you detrimentally or unfairly if you do file an accident at work claim which could lead to further legal action being taken out against them. This includes filing a detriment claim.

If your employer threatens you with redundancy, they would be breaking the law and you could also file a constructive dismissal claim against them too. The majority of employers understand the implications of treating you unfairly when you are injured at work and would support you in your claim.

However, an unscrupulous employer may object to you seeking compensation by trying to imply you would either lose your job or be made redundant. If your employer does act in this way towards you, the best thing to do is to contact an employment law solicitor before doing anything you might regret later on.

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

The start of an accident at work claim would involve signing a Constructive Fee Agreement with a solicitor otherwise referred to as a No Win No Fee agreement. This is a legal contract between a solicitor and you, the client which lays out the Terms and Conditions as well as the percentage you agree to pay but only if your claim is upheld and you receive the compensation you sought for the crushed toe injury you sustained.

One of the benefits of working with a No Win No Fee solicitor, is that there would be no upfront payment or ongoing fees to pay. Another financial advantage is that the “success fee” which is the percentage payable on a successful accident at work claim, is deducted directly from the amount you are awarded.

A solicitor would have to assess your claim and satisfy themselves that you have a strong case against a negligent employer before they would enter into a No Win No Fee agreement with you. But once this has been established, they would start representing you straight away by contacting both your employer and their insurance providers notifying them of your intentions to file an accident at work claim against them.

Should your claim not be successful, the agreed percentage would not have to be paid because of the No Win No Fee agreement you signed with the solicitor who represents you. It is worth noting that 95% of all successful personal injury claims both work-related and other, never go to court with settlements being reached by the insurer and the solicitor who handles your crushed toe at work claim.

Informative Links

To find out more about your employer’s responsibilities in the workplace, please click on the link below which takes you to the Health and Safety Executive website:

More about an employer’s responsibilities towards employees in the workplace

If you would like to know more about the time limits associated with personal injury claims, the following link takes you to the Citizen’s Advice website where you will find more information on the topic:

Personal injury claim time limit

I Slipped and Broke My Coccyx at Work Can I Claim Compensation? – How Much Compensation For A Coccyx Injury at Work?

What Are The Consequences of Sustaining a Broken Coccyx at Work?

Your coccyx is found at the base of your spine and is often referred to as a “tail bone”. When you fall hard and land on your buttocks, you can seriously injure your coccyx and in some cases, it can fracture or break. Your coccyx is an extremely sensitive part of your body because there are a lot of nerves as well as ligaments that connect to an area that lacks any padding. Not only is this type of injury extremely painful, but it can lead to other medical conditions developing at a later date which includes arthritis.

If you were in an accident at work that left you with a broken coccyx, you should seek medical attention as soon as possible so that x-rays can be taken to establish the extent of the damage that has been done so that a treatment plan can be set in place sooner rather than later.

Common Causes of Broken Coccyx Accidents at Work

You can injure your coccyx in several ways while you are at work with the most common cause being when you fall hard on your buttocks after slipping, tripping or falling over something that is in your way.

Would My Broken Coccyx at Work Claim Be Valid?

In order for your broken coccyx at work claim to be upheld either by a judge or by your employer’s insurance providers, you would need to provide evidence that you sustained your injury in the workplace through no fault of your own. You would also need to file your claim before the statutory time limit for work-related personal injury claims expires. Other evidence that would be required for your case to be valid would include the following:

A record of the accident as detailed in an accident report book or other form of official report of the incident
A medical report of the injuries you sustained
Photographic or CCTV evidence of where the accident occurred
Photos of the injuries you suffered before receiving any treatment
Witness statements
Contact details of anyone who witnessed the incident
Records sent to the Health and Safety Executive

It would take time to gather all the evidence needed, but this should not prevent you from contacting a solicitor while you do. It is also worth noting that your employer and their insurance providers have 90 days to respond to the letter sent informing them of your intentions to file a broken coccyx claim against them. With this in mind, an accident at work solicitor could help speed up the process when it comes to corresponding with the insurers.

What Can I Include in My Broken Coccyx at Work Claim?

Work-related and other personal injury compensation can be divided into two categories which are general damages and special damages. Every accident at work claim is different and as such, the amount that may be awarded can differ accordingly resulting in a higher amount being awarded in some instances but less in other cases.

When it comes to general damages, the compensation you may receive is that much harder to work out because they are calculated on how your injuries negatively impact your health and well-being as well as your ability to work in the future.

Special damages are easier to work out following an accident at work that leaves you with a broken coccyx because they are calculated on the expenses and other costs you paid out as a direct result of your injuries which is why it is so important to keep all receipts for travel and medical expenses as well as any other costs you had to pay because you were injured in an accident at work. On top of these costs, the compensation you receive in special damages would include any loss of earnings and future earnings as well as care costs should you require being taken care of during your broken coccyx recovery time.

How Much Compensation Could I Receive For a Broken Coccyx at Work?

The level of compensation awarded for broken coccyx injuries are calculated on the severity of injuries sustained and the time it would take to recovery, if at all. Another factor that is taken into consideration is just how much the injury impacts the quality of your life.

Age, gender and general health and well-being prior to having been involved an accident at work are also factored into the amount you may receive in a successful broken coccyx claim. You could also include psychological damage which would also be factored into your broken coccyx compensation.

The majority of personal injury claims never go before a judge because insurance providers prefer to settle out of court. With this said, it is important not to accept the first offer you receive, but to let an experienced accident at work lawyer handle the negotiations on your behalf.

Should I Sue My Employer if I Sustain a Broken Coccyx at Work?

Having sustained a broken coccyx at work, you could be off work for several weeks if not longer depending on the severity and complexity of the fracture and your ability to heal. You may find that your injuries are so severe, they prevent you from working again and you could develop arthritis further down the line which could make your future life even more difficult.

Being off work for any length of time can put you under a lot of financial pressure which in turn could lead to depression. With the majority of solicitors choosing to work with clients on a No Win No Fee basis, filing an accident at work claim has been made a lot easier for anyone who is injured through no fault of their own in the workplace. The other thing to bear in mind is that all employers are legally bound to have liability insurance which covers work-related injury claims as well as health-related claims that may be filed against them by employees.

It would be your employer’s insurance provider who deals with your claim and they would pay the settlement your receive in a successful broken coccyx claim against your employer with 95% of personal injury claims being settled out of court. When it comes to negotiating a settlement in a broken coccyx claim, it is far wiser to let an experienced solicitor do this for you because they would ensure the amount you receive is an acceptable amount.

What Are My Employer’s Responsibilities in the Workplace?

Your employer has a duty to keep the working environment safe for you to be in and if they fail to abide by the regulations that are set in place for this purpose, they could be found in breach of their duty should you be injured while carrying out your daily tasks. Your employers responsibilities towards you while you are at work are as follows:

You have been given adequate and accurate training for the jobs you are tasked to carry out
That the machinery, tools and equipment you use to do your job are correctly maintained and regularly serviced as per the manufacturer’s guidelines
That machinery, tools and equipment that is beyond repair be replaced
That the working environment is regularly checked by carrying out frequent risk assessments with an end goal being to identify new hazards and dangers
To set in place adequate safety measures to reduce the risk of injury to employees and other people who visit the workplace
To provide you with detailed working practices and other procedures that must be followed in the workplace
To provide you with correctly maintained personal protective equipment when necessary

Should your employer fail in any of the above and you sustain a broken coccyx in an accident at work, you have the right to seek compensation by filing a claim against them. A solicitor with experience in accident at work claims would assess your case and establish who could be held liable for your injuries before offering essential legal advice on how best to proceed with your broken coccyx claim.

What are My Workers Rights Following an Accident at Work?

Your worker’s rights are highly protected in the UK and this also applies to when you are involved in an accident in the workplace that leaves you with a broken coccyx injury. Your rights include the following:

Your job is safe even though you file for compensation
That you are allowed to seek compensation for the injuries you sustained

If your employer objects to you filing an accident at work claim, you should discuss your case with a lawyer because you may find that you are entitled to file a detriment claim against your boss on top of an broken coccyx claim.

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

There are numerous advantages and benefits to seeking legal advice and representation from a solicitor who has experience in handling accident at work claims for employees. These are detailed below:

A solicitor would provide you with a free, no obligation initial consultation which allows them to determine whether you have a strong case against a negligent employer
Once your case has been assessed and a solicitor is satisfied that your case be upheld, they would enter into a No Win No Fee agreement with you which in short, means there would be no upfront payment or ongoing fees to find
Solicitors have access to legal libraries which they can refer to when handling your broken coccyx claim
The have vast experience when it comes to communicating with insurance providers which can help speed up what is often a long drawn out process
A solicitor would ensure you receive the compensation you are entitled to by negotiating directly with your employer’s insurance providers directly
A solicitor can arrange for you to be examined by a specialist or consultant and to receive treatments and aftercare therapies
You would only have to pay the solicitor for the legal representation they provided if your broken coccyx claim is upheld. If you lose your case, there would be nothing to pay at all

If you were injured at work and suffered a broken coccyx, you should seek medical attention as soon as possible. After this, it is always worth contacting a solicitor for legal advice on whether you would be entitled to seek compensation for the injuries you sustained in a workplace accident.

Is There a Time Limit Associated with a Broken Coccyx at Work Claim?

There is a strict statutory time limit associated with all personal injury claims and this includes accident at work claims. As such, if you suffered a broken coccyx at work, it is best to begin a claim as soon as possible because it can take a lot of time to gather all the information and evidence needed to ensure your claim is upheld.

The statutory time limit for you to be able to claim compensation from an employer is as follows:

3 years from the date you sustained a broken coccyx at work
3 years from the time you were diagnosed as suffering from a medical condition that can be directly linked to your broken coccyx injury
Should you have suffered a broken coccyx at work before you were 18 years old, the time limit of 3 years begins on your 18^th birthday

To avoid missing out on filing a broken coccyx claim, it is best to contact a solicitor as soon as you are able to. The reason being that it can take a long time to gather the evidence and information that is required to prove that your case is valid.

Can My Employer Fire Me For Filing a Broken Coccyx at Work Claim?

You cannot lose your job if you claim compensation from your employer for having suffered a broken coccyx at work. If your employer threatens to sack you or implies you could be made redundant because you are thinking about filing an accident at work claim, they would be breaking the law. As such, you should contact a lawyer with experience in employment law who would investigate your case before providing essential advice on whether you can also file not only a broken coccyx claim, but also further legal action which includes constructive dismissal and detriment claims.

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

No Win No Fee agreements were introduced into the legal system during the mid-1990s at a time when the Government changed the law regarding Legal Aid. This structure allows any injured party the opportunity to seek compensation from a negligent third party which includes employers.

If you suffered a broken coccyx at work and you contact a solicitor for legal advice, you would be offered an initial, no obligation consultation that is free of charge. The solicitor would listen to how you sustained your injuries at work before determining whether you have a strong case against an employer. Once satisfied that your broken coccyx at work claim is valid, the solicitor would agree to enter into a No Win No Fee agreement with you which allows them to commence work on your claim without having to request an upfront payment.

The only time a payment would be due for the legal representation a solicitor provides, is when you are awarded the compensation you sought and the amount would be deducted from the money you receive. Should your case not be upheld, the percentage that was agreed when you signed the Conditional Fee Agreement with the solicitor would not have to be paid which is why this is referred to as a “success fee”.

Working with a solicitor who agrees to represent you on a No Win No Fee basis, therefore, offers many financial advantages which allows you to seek compensation for a broken coccyx at work injury that you sustained through no fault of your own but rather through employer negligence.