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What is the Compensation for a Fractured Elbow in Accident at Work? – Compensation Amounts & Payouts

The Most Common Accidents That Lead to Fractured Elbow Injuries

As previously mentioned, one of the most commonly reported workplace accident that results in this type of injury is when you slip, trip and fall. Other accidents at work that could result in you fracturing your elbow include the following:

Slipping on a slippery, wet surface
Tripping over something that is not correctly put away, an example being wires and cables
Being crushed by machinery or equipment
Falling from a height

These are just some of the ways you could sustain a fractured elbow whether the injury is a hairline fracture or something a lot more severe. If not diagnosed and treated correctly as soon as possible, it could lead to longer term medical issues which includes restricted movement in your elbow and developing arthritis further down the line.

What at the Consequences of a Broken Elbow Injury?

A fractured elbow is an extremely painful injury that could leave you unable to work and carry out normal daily tasks for several weeks and if your recovery does not go as well as it could, you could be off work for months which is especially true if an extensive amount of ligament damage has occurred.

How Much Compensation Could I Receive for a Fractured Elbow at Work?

The amount you may receive in a successful fractured elbow at work claim would depend on how complex your case is and the extent of your injuries. The length of time you are off work would be taken into consideration and whether your injuries would prevent you from carrying out the job you used to do prior to being injured at work.

As with all personal injury claims, compensation is divided into two categories, namely “general damages” which cover your injuries and how your life is affected and the time you are off work and “special damages” which are easier to calculate as they are based on the actual costs and expenses incurred as a direct result of having sustained a fractured elbow at work. Special damages also include any loss of earnings and future lost wages as well as care costs should you need to be cared for during your recovery.

As a rough guide, the amount of compensation that may be awarded in a fractured elbow claim is as follows:

A fracture that is deemed severely disabling could mean you receive anything from £31,220 to £48,080
A less serious elbow fracture that impairs movement but which does not require surgery could mean you are awarded anything from £12,480 to £28,060
A minor to moderate elbow fracture could see you being awarded up to £10,040

All work-related accident at work claims are treated as unique which means that in some cases the amount awarded is greater than the compensation awarded in other claims. As such, the amounts indicated above are provided as a rough guide as to how much you may receive in a successful broken elbow claim.

Starting Your Fractured Elbow at Work Claim Against Your Employer

You would need to provide proof that you suffered a fractured elbow injury in the workplace and that the incident happened through no fault of your own but rather through the negligence of a third party. This could be because your boss was negligent and did not keep you safe from injury while you were carrying out your daily tasks or because of an error or misjudgement on the part of a work colleague. Your employer would be held liable even if a workmate caused your injury because they are legally responsible for the actions of all employees.

The evidence you would need to validate your fractured elbow at work claim is detailed below:

The record of the incident as provided in the accident report book or other official report that was sent to your employer
A medical record of your injuries which should be as detailed as possible and which should include even the minor symptoms you may be experiencing
CCTV footage or photos of the area where your injured
Photos of your injury before you receive any sort of treatment
Witness statements together with their contact details
Whether you were provided with the correct personal protective equipment to carry out the job you were tasked to do
Records of the risk assessments that were carried out in the workplace
Record of the report of the accident that was sent to RIDDOR if the incident was reportable
Details of your employer’s insurance providers – the policy should be clearly displayed in the workplace

What Are My Employer’s Responsibilities in the Workplace?

UK law requires that employers abide by the Health and Safety Executive regulations and other legislations that are there to keep employees safe in the workplace. These laws cover reducing the risk of accidents at work occurring. They are also in place to reduce the risk of employees developing work-related medical conditions. Your employer must set in place the following:

To provide adequate and correct training to all members of staff
To provide the correct tools to carry out a job
To provide the right type of personal protective equipment for employees to carry out a job safely
To ensure that all equipment, tools and machinery is correctly serviced and maintained to a manufacturer’s guidelines
To replace old and irreparable machinery, tools and equipment when necessary
To ensure that all employees are provided with detailed working practices and procedures which must be easily available to all staff
To carry out regular risk assessments to identify dangers and hazards in the workplace
To set in place measures to reduce the risk of staff being injured while they are work
To store and maintain all personal protective equipment that is regularly used in the workplace

Should you be involved in an accident at work and you suffered a fractured elbow because your employer failed in any of the above, they could be held liable for your injuries and as such, you would be entitled to seek compensation from them.

Should I Sue My Employer if I Sustain a Fractured Elbow at Work?

As previously mentioned, a fractured elbow is not only an extremely painful injury, but it can lead you incapacitated for weeks and even months depending on the severity of the fracture and how much ligament damage has occurred. Being off work can lead to a lot of stress and anxiety as well as financial pressure. Not being able to pay monthly bills and other necessary living expenses can lead to you suffering from depression. All in all, having sustained a workplace injury that left you unable to work, could put you under tremendous strain.

Providing you can meet all the criteria needed to file for compensation against your employer, you have the right to file an accident at work claim against them and be awarded an amount that would make your life a lot easier all round. It is worth remembering that by law, your employer must have liability insurance in place and that the policy must be provided by a recognised insurance provider. It must also meet the level of cover that is required by UK law.

As such, when you do decide to seek compensation because you believe your employer could be held responsible for your injuries, it is your employer’s insurance provider who would handle your claim from start to finish which includes paying out the compensation you are awarded. It is also noteworthy that most personal injury claims, 95% of cases are settled out of court and that the negotiations with an insurer is best left up to an accident at work lawyer who has vast experience in dealing the insurance providers.

What Rights Do I Have Following a Fractured Elbow at Work?

As an employee, your rights are protected in the UK and this includes when you are injured in an accident at work. As such, you have the right to following by law:

Your job is not at risk if you file a fractured elbow at work claim against the person whose employment you are in
You can seek a level of compensation to suit the workplace injuries you sustained because of employer negligence

You should contact an employment law solicitor if your boss tries to prevent you from doing the above because you may find that you would also be entitled to file a detriment claim against your employer as well as an accident at work claim.

What Are The Benefits to Working With a Solicitor on a Fractured Elbow at Work Claim?

There are numerous advantages to working with an accident at work lawyer on your fractured elbow at work claim with the first being that once it has been established your case is strong, the solicitor would agree to represent you on a No Win No Fee basis. In short, you would be provided with essential legal advice and representation without having to worry about how you are going to pay for everything. There would be no charge for the initial consultation and no upfront payment or ongoing fees to worry about. Another great advantage is that the amount you would pay a No Win No Fee solicitor is deducted from the amount you are awarded.

Other advantages include the following:

Solicitors have vast experience in handling accident at work claims
They know how to correspond with an employer’s insurance provider
They respect the strict 3 year time limit associated with work-related claims
Solicitors have access to valuable legal information they can access in legal libraries
They are experienced when it comes to negotiating a level of compensation their clients should accept in an accident at work claim
They can arrange specialist treatment, therapies and other medical requirements that may be necessary

What is the Time Limit Associated with a Fractured Elbow at Work Claim?

When thinking about making a fractured elbow at work claim, the sooner you contact a lawyer who both specialises in accident at work and employment claims the better. The reason being that the time it takes to gather all the relevant information pertaining to your accident and the injuries you sustained passes very quickly. As such, the 3 year personal injury time limit can soon be reached without you realising it. If you wait too long, you may not be able to file for compensation even if you have vast evidence that your employer was in breach of their duty to keep you safe while you were working form them.

The statutory time limit for work-related claims are as follows:

3 years from the time you suffered a fractured elbow at work
3 years from the day you turn 18 years of age should the accident at work happened before you were 18 years old
3 years from the date you were diagnosed as suffering from a medical condition that can be linked to the fractured elbow injury you sustained

As previously mentioned, it is best to seek legal advice sooner rather than later when thinking about suing an employer for the injuries you sustained in the workplace. A solicitor would guide you through the process, providing essential advice on what evidence is needed for your fractured elbow claim to be upheld.

Can I Be Sacked For Seeking Compensation for a Fractured Elbow?

Your employer cannot legally fire you for seeking compensation should you have sustained a fractured elbow while you were in their employment and carrying out your daily tasks. An employer must have a “valid” excuse for sacking you other than the fact you filed an accident at work claim against them.

If you are treated badly or unfairly, you should discuss things with an employment solicitor. If you are threatened with losing your job, you should contact a solicitor before taking any other actions which includes walking out of your job or resigning. The reason being that you would have a strong case to file an unfair and a detriment claim against your employer as well as an accident at work claim.

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

As previously touched upon, once a solicitor who specialises in accident at work law has assessed your claim and they have determined that your employer could be held liable for your fractured elbow injury, they would typically agree to represent you on a No Win No Fee basis. This takes all the financial worry of how to pay for legal advice and representation when you need it the most off the table. There would be no fees to pay for the initial consultation, no upfront payment needed for the solicitor to begin work on your claim, no ongoing fees would be required and the “success fee” only becomes payable when you are awarded the compensation you deserve. This is deducted from the amount of money you receive in your accident at work settlement.

No Win No Fee legal structures were set in place to help those people and workers who are injured in the workplace or who develop work-related medical conditions, the opportunity to seek compensation from employers. By entering into a Conditional Fee Agreement or CFA, the solicitor agrees that they would only be paid when your claim is upheld either by a judge should the case go to court, or by your employer’s insurance providers with 95% of all personal injury claims being settled before they go to court.

A lawyer who has lots of experience when it comes to representing clients who were injured in the workplace would know how to handle your case should your employer decide to dispute the claim that they were negligent in their duty and as a result you suffered a fractured elbow. All the evidence that is required to prove your case would be made available to your employer’s insurance providers in a timely manner which in itself can help speed up what is often a complicated, long drawn legal process.

In short, working with a solicitor on your claim would make what is often an expensive and complex legal process much more attainable. You would not be put under any financial pressure from the outset of working with an accident at work lawyer on a No Win No Fee basis right through to when you are awarded the compensation you rightly deserve for having sustained a fractured elbow at work through no fault of your own.

How Much Compensation Can I Claim for a Broken Rib at Work? – Compensation Amounts And Guidelines Payouts For Broken Rib

What Are the Consequences of a Broken Rib?

Your ribs protect your lungs and your heart from being damaged. A broken rib can result in these vital organs being negatively impacted which in turn, could result in death. Even a more minor fracture to a rib can result in long-term health issues developing further down the line. As such, if you sustain a broken rib at work, your injury must be taken seriously and immediate medical attention must be sought.

What Is the Most Common Cause of a Broken Rib in the Workplace?

One of the most common workplace accidents in the UK that results in employees suffering a broken rib is when they slip, trip and fall. This type of accident typically occurs when floors are wet and therefore slippery or when items are not put away correctly. It would be that a cover has been left off a manhole which can result in a serious fall. Other reasons why you might sustain a broken rib at work are detailed below:

When you are crushed by machinery or equipment
When you are hit by a moving vehicle like a forklift
When you fall from a ladder or other height

Whatever the accident that left you with a broken rib, the first and most important thing to do is seek medical attention because the affected rib could cause a tremendous amount of damage to your lungs and even your heart.

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

The compensation you could be awarded in a broken rib at work claim would be calculated on the extent of your injuries and how they impacted your life and ability to work. Another important factor when calculating broken rib compensation is the complexity of a case, bearing in mind that every work-related personal injury claim is unique and therefore treated as such when it comes to negotiating an amount you may be awarded.

With this said, the way personal injury claims are calculated whether work-related or other, is categorised in two parts which are as follows:

General damages
Special damages

General damages are more complicated when it comes to calculating an amount you may be awarded in a broken rib at work claim. This is because the compensation is worked out on how much your life has been impacted by your injuries and whether you would be able to work again. Another consideration is whether you would be able to enjoy activities that you used to take part in prior to being involved in an accident at work.

Special damages are simpler to calculate as they are based on the out of pocket expenses and other “actual” costs you incurred as a direct result of having sustained a broken rib in the workplace. As such, you should always keep every receipt for travel expenses, medical costs and other expenses you had to deal with as these would be required when it comes to calculating the special damages you may be awarded in a successful broken rib at work claim. Other things that would be taken into consideration are your loss of earnings, future loss of income and care costs.

What Are My Employer’s Responsibilities in the Workplace?

Employers are legally responsible when it comes to keeping you safe from harm while you are at work. Should your boss fail to adhere to regulations whether they are Health and Safety Executive laws or other employment legislation and as a result, you sustain a broken rib at work, they could be held in breach of the law. In short, because your employer was negligent in their duty, you could be entitled to seek compensation from them, bearing in mind that it would be your employer’s insurance provider who would handle your accident at work claim.

The law in the UK requires that your employer abides by the following:

That you receive the correct and adequate training for the job you are tasked to carry out while in their employment
That the machinery, equipment and tools you use are correctly maintained and serviced according to the manufacturer’s guidelines
That machinery, equipment and tools are replaced when necessary
To carry out workplace risk assessments on a regular basis to identify hazards and risks
To put in place measures to reduce the risk of harm and injury to employees
To provide you with detailed working practices and to keep these updated when necessary
To provide you with the correct personal protective equipment when necessary
To correctly store and maintain all personal protective equipment that you are tasked to use when carrying out a job

Should your employer fail to do any of the above, they could be held in breach of their duty to have kept you safe at work should you have sustained a broken rib when carrying out your normal job.

How Much Compensation Could I Receive in a Successful Broken Rib at Work Claim?

The compensation you would receive, as previously mentioned, would depend on the complexity of your case and the severity of your injuries. As a rough guide, you may be awarded the following amounts in a successful broken rib at work claim:

Minor fracture to a rib up to £3,460
Fractured rib that leads to lung damage – collapsed lungs without complications from £1,750 to £4,240 and £1,920 to £4,660
Fractured rib that causes damage to chest and lungs that leads to a degree of ongoing disability £27,450 to £48,080
Scarring of the chest caused by a broken rib puncturing from £5,950 to £17,275
Damage to lungs where broken ribs puncture both lungs from £76,500 to £114,100
Broken ribs causing traumatic injury to heart or lungs £50,000 to £76,500
Broken ribs causing soft tissue damage to the chest £23,800 to £41,675

The above amounts are provided as a guide to how much broken rib compensation you may be awarded bearing in mind that all accident at work claims are treated as unique. In short the amounts may vary from case to case.

Should I Sue My Employer If I Suffer a Broken Rib at Work?

Broken rib injuries should always be taken very seriously because a damaged rib could negatively impact your vital organs, namely your lungs and heart. Even a more minor fractured rib could leave you unable to work for months which can lead to financial hardship. Apart from the physical pain you would have to endure, there is also the psychological damage you would have to deal with which when all added to the financial pressure you have to cope with, can lead to you suffering from anxiety and depression.

As such, it is perfectly acceptable that you seek compensation for the pain, suffering and all the financial pressure you would have to cope with following an accident at work that left you with a broken rib. With this said, you must file your claim within the time limit of 3 years and provide enough proof that your injuries occurred at work through employer negligence.

It is worth noting that your employer must, by law, have liability insurance in place and the certificate should be clearly displayed in the workplace. The policy must be provided by a recognised insurance provider and must provide adequate cover for all eventualities when it comes to accidents in the workplace. As such, your broken rib at work claim would be handled by your employer’s insurance providers who would carry out all aspects of the negotiation as to whether your claim is valid or disputed.

The insurer would also settle any amount that you are awarded in a successful broken rib at work claim against your employer. It is also noteworthy that 95% of personal injury claims that are filed against a negligent third party are settled before they go before a judge. This is referred to as an “out of court” settlement which is best handled by an accident at work lawyer who has vast experience in negotiating broken rib at work compensation for employees.

What are My Workers Rights Following an Accident at Work?

All employees have specific workplace rights and this includes when they are involved in a workplace accident that leaves them a broken rib. As such, should you have suffered this type of injury, whether it is a minor fractured rib or something a lot more serious, your rights are as follows:

That you are allowed to seek a level of compensation for your injuries and expenses incurred as a direct result
That your position within a company or business is safe if you file a claim against your employer

If you find that your employer objects to you seeking compensation from them and they begin to make your working life difficult, you should discuss things with a lawyer who specialises in employment law because the chances are you would be able to also file a detriment claim against your boss for having made your working life a misery.

Are There Any Benefits to Working With a Solicitor on a Broken Rib at Work Claim?

It is always worth contacting a lawyer who specialises in accident at work claims, even if you think you may have been responsible or partly responsible for having sustained a broken rib at work. The reason being that a solicitor would listen to the circumstances that led up to you being injured which they would typically do in a no obligation consultation which is free of charge.

Once a solicitor has determined whether you have a strong claim against a negligent employer whether over the phone in an initial, free consultation or in person at their offices, they would offer to represent you on a No Win No Fee basis. In short, you would receive legal advice and representation without having to pay an upfront retainer or ongoing fees for the lawyer to work on your case.

The advantages of working with a solicitor are as follows:

You would have the opportunity of discussing your claim in an initial, no obligation consultation which allows the lawyer the chance to assess your case against your employer. This consultation is free of charge
You would not have to pay a retainer or ongoing fees
A solicitor would handle all aspects of your claim
They have access to legal libraries which allows them to look at past cases which can be used as basis in your claim
A solicitor can arrange for you to be examined by a specialist if necessary
You would have access to treatments and therapies that you may not otherwise be able to receive
A solicitor would negotiate a level of compensation to suit your injuries with your employer’s insurance providers

Is There a Time Limit to Making a Broken Rib at Work Claim?

You would have to file a broken rib at work claim against your employer within the statutory personal injury time limit of 3 years. This time limit is detailed below:

3 years from the date you suffered a broken rib at work
3 years from the date you were diagnosed as suffering from a medical condition that can be linked to a broken rib injury you suffered in the workplace
3 years from the date you turned 18, should you have sustained a broken rib at work when you were under 18 years of age

Can My Employer Fire Me For Filing a Broken Rib at Work Claim Against Them?

You cannot lose your job because you are seeking compensation for a broken rib at work injury you sustained through no fault of your own while you were at work. It is against the law for your employer to sack you for doing so. If your boss threatens to fire you because you intend on filing an accident at work claim, you should contact a lawyer who specialises in employment law who would offer essential advice on how to proceed with an unfair dismissal and detriment claim against your employer.

How to Start Your Broken Rib at Work Claim

The best course of action to take if you decide to file a broken rib at work claim against your employer, is to contact a solicitor who would be able to offer much needed advice on how best to proceed. You would need to have gathered as much evidence as possible about how you were injured and who could be held liable for the accident occurring whether you think your employer was negligent or because the incident happened through the error or misjudgement of a work colleague.

A lawyer would also ask for witness statements and their contact details as well as the details of your employer’s insurance providers. Other information that would be required by a lawyer is detailed below:

Medical reports of your injuries which should be as detailed as possible to include even minor symptoms you experienced
Photos of the injuries you sustained – ideally taken prior to any treatment you receive
Photos or CCTV footage of where the accident at work that you were involved in occurred

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

Once a solicitor has determined that your broken rib accident at work claim is valid and they have established that your employer failed to keep you safe from harm at work, they would offer to represent you by entering into a No Win No Fee agreement with you. This means you would not have to worry about finding the money to pay a retainer or any ongoing fees for the legal advice and representation a solicitor provides.

The percentage that is laid out in the Conditional Fee Agreement that you sign is only payable if your broken rib claim is upheld and you are awarded compensation for your injury either by a judge or by your employer’s insurance providers should they offer you a settlement out of court, bearing in mind that the percentage you agreed to pay the solicitor would be deducted from the money you receive.

If your case is unsuccessful, the “success fee” would not be payable because of the No Win No Fee agreement the solicitor entered into with you. In short, there are many financial advantages to working with a lawyer who agrees to represent you having signed a No Win No Fee agreement. It also means that you can concentrate on your recovery having sustained a broken rib at work because your employer failed to keep you safe from harm and injury.