You can suffer an accident at work for many reasons and you can be injured in a multitude of ways. With this said, one of the most commonly reported injuries that employees sustain in the workplace is muscle damage to their backs. You could be a shop assistant and suffer a back injury while moving stock or stacking shelves, you could be a factory worker and damage your back when moving materials that you consistently handle, care workers often hurt their backs when handling the patients they are looking after. However you suffer a back injury and no matter what industry you work in, you could be entitled to file for compensation providing the incident that left you with a back injury happened in the last 3 years and can prove it was through no fault of your own.

Your Employer’s Responsibilities for Manual Handling Training and Guidance

All employers in the UK have a duty to not only keep you safe in the workplace, but also to ensure that your receive adequate training when it comes to lifting and carrying any items while you are at work. Responsible employers will always make sure that their employees are familiar with the following procedures:

• What to do in the event of a fire alarm going off
• What must be done following an accident at work
• How to record an incident and injury in the accident report book
• Who to go to when first aid is required

Along with all of the above, a responsible employer would also ensure that all the people who work for them are correctly trained on how to lift items and that they are given manual handling guidance which could be as easy as watching the following:

• A video showing how items should be lifted safely to reduce the risk of sustaining injuries to the back

Should your employer have failed to provide adequate manual handling training and you suffered a back injury when lifting items or moving stock whether your injuries are mild or more severe, you could be entitled to claim compensation and be awarded a level of compensation to suit the pain and suffering you had to endure through no fault of your own. It is also important to note that not only should an employer provide new employees adequate manual handling training, they should also provide ongoing refresher training to all existing workers which is typically every three years.

What is an Inadequate Working Environment and What Are Unsafe Lifting Practices?

Employers must provide adequate manual handling training to all their staff, but they must also ensure that a working environment is safe enough for employees to carry out their daily jobs. Many employees suffer back injuries due to lifting at work even though they have been given sufficient manual handling training. The reason being they are required to work in a small space which makes it harder for them to lift and move items as safely as they should and as they have been trained to do. Another reason why many employees suffer back injuries due to lifting is because they have not been given the correct tools to carry out a job even though an employer provided adequate manual handling training.

The health and safety guidelines for lifting heavier items are as follows:

• Employees should not try to lift any items that weigh over 25 kg without the help of a work colleague or a hoist
• Employees must be provided with trolleys to move items to prevent excess stress being placed on their lower backs

Would My Back Injury Due to Lifting Be Upheld By a Court?

For a back injury claim due to lifting to be successful, you would need to provide enough evidence that the incident could have been avoided had your employer provided adequate manual handling training, that the working environment was safe and that you were given the correct tools to carry out a job. On top of this, other necessary criteria that must be met includes the following:

• That the incident occurred in the last 3 years
• That your back injury and the accident were correctly recorded in an accident report book or through another official channel
• That you can provide an official medical report detailing the extent of your back injury

What Level of Compensation Could I Receive for a Back Injury Due to Lifting?

When it comes to the amount of back injury compensation you may be awarded in a successful claim, this would depend on the severity of the damage you sustained and the complexity of your case. As such, every claim is treated as unique. However, compensation awarded in work-related injury claims are broken down into two categories which are detailed below:

• General damages
• Special damages

General damages are awarded for the injury you sustain and how your life has been negatively impacted. In short, a back injury due to lifting may mean you are unable to work for a period of time or it could mean you would not be able to work again. As such, the general damages you are awarded in a successful claim would incorporate the time you are off work, if you are unable to work again and whether or not your injuries prevent you from carrying out normal everyday tasks and other activities you used to enjoy before you were injured at work.

Special damages are awarded for all the financial expenses you incurred as a direct result of having suffered a back injury due to lifting at work. This would include travel and medical expenses as well as all other out-of-pocket expenses you incurred which is why it is very important to hold on to all receipts. These would be needed as proof of the expenses you had to pay out as a direct result of the injuries sustained while at work.

With this said, as a rough guide, back injury due to lifting compensation that you may be awarded in successful claim are detailed below:

• For a back injury from which you recover within a few months – you could be awarded up to £1,860
• For a back injury due to lifting where recovery can take several years – you may receive anything from £1,860 to £6,000
• For a back injury where recovery took from 2 to 5 years – you could be awarded anything from £6,000 to £9,500
• For a back injury that left you with permanent damage – you could be awarded anything from £9,500 to £21,100
• For a back injury where severe permanent damaged is caused – you could receive anything from £21,100 to £29,475
• For a back injury that leaves you with chronic ongoing permanent symptoms – you could be awarded anything from £29,475 to £53,000
• For a back injury that results in severe permanent damage and which negatively impacts your life – you could receive anything from £53,000 to £67,000

Please note, the above figures are given as a rough guide to the amount of compensation you may be awarded in a successful back injury from lifting claim.

 Should I Sue My Employer for a Back Injury From Lifting?

If you suffered a back injury from lifting at work, it could leave you out of action and unable to work for days, weeks or even months. The injuries you sustain could prevent you from working again which could put you under a lot of financial pressure. As long as  you can prove that you sustained your back injury through no fault of your own and the incident occurred in the last 3 years, filing a claim for compensation could mean that you are awarded a level of compensation you rightly deserve for the pain, suffering and out-of-pocket expenses you incurred.

All employers in the UK are legally required to have valid liability insurance in place which covers accidents at work as well as health issues and medical conditions that employees might develop. As such, it is your employer’s insurers who would respond to your back injury from lifting claim and would pay out the compensation you are awarded bearing in mind that around 95% of accident at work claims are settled by an employer’s insurers out of court and before they are heard by a judge. 

What are My Workers Rights Following a Back Injury From Lifting at Work?

If you suffer a back injury from lifting at work, you have specific rights which are listed below:

• That your job is not put in jeopardy should you decide to file for compensation against an employer
• That you can seek compensation for the physical and emotional pain you had to endure following an accident at work that left you with an injured back

Are There Any Benefits to Working With a Solicitor on a Back Injury From Lifting Claim?

Any sort of back injury can put you out of action whether it is for a few days, weeks or months. Should your injury be extremely severe, you may not be able to carry out your normal job again and this could put you and your family under tremendous financial pressure. Not only would you have to cope with the pain and suffering you have to endure, but also with expenses that you would not have had to deal with had you not sustained a back injury from lifting at work.

Claiming compensation from a negligent employer is something that you could be entitled to, providing you can meet certain criteria which includes that your employer was negligent in their duty to keep you safe and that you sustained your back injury in the last 3 years. It is worth remembering that your employer is legally required to have liability insurance in place which covers any work-related injury claims that may be filed against them. Your employer’s insurers would deal with your back injury from lifting claim and they would pay out the settlement on successful claim.

Can My Employer Fire Me For Filing a Back Injury From Lifting Claim?

You cannot be sacked from your job simply because you decide to file a back injury from lifting claim against your employer. The only time an employer can fire you under these circumstances is when there is another valid reason for doing so other than the fact you are seeking compensation for an accident at work injury you sustained. Should your employer fire you for filing a claim, you could also seek compensation for unfair dismissal.

Would a Solicitor Work on a No Win No Fee Basis on My Back Injury From Lifting Claim?

The best course of action to take following an accident at work that left you with a back injury from lifting, is to seek legal advice sooner rather than later. An accident at work solicitor would determine whether your employer could be held liable for your injuries and would communicate directly with your employer’s insurers on your behalf once they have established your claim is valid.

A solicitor would work on your back injury from lifting claim on a No Win No Fee basis once they are satisfied that you claim would be upheld by a court and they would work hard to ensure you are awarded the amount of money you rightly deserve for the pain and suffering you endured through no fault of your own.

Conditional Fee Agreements were set in place to help people who suffered injuries in the workplace and elsewhere, the opportunity of being represented in court by specialist solicitors without having the worry of paying for the legal services they receive which are expensive. Signing a CFA means a solicitor can contact your employer and their insurers on your behalf informing them of your intentions and they can do this without having to request any upfront payments from you.

A CFA is a legal contract that details the Terms and Conditions of the agreement. It also details the percentage known as a success fee that you would only have to pay the solicitor on a successful back injury from lifting claim. The amount you pay for the legal services a solicitor provided is taken directly from the compensation you receive. Should your back injury due to lifting be unsuccessful, you would not have to pay the “success fee”.

Accidents at work that result in broken bones are commonplace and this includes broken toes. If you were involved in a work-related accident that left you with this type of foot injury, you may not be able to work for a period of time which can lead to financial worries. If the incident that left you with a broken toe occurred in the last 3 years and you believe your employer may be responsible, you could be entitled to file a broken toe claim against them and be compensated for all your out-of-pocket expenses as well as the pain and suffering you had to endure.

What Are the Most Common Causes of Broken Toe Injuries in the Workplace?

You can sustain a broken toe in a variety of ways in the workplace whether you stub a toe or a heavy item falls on your foot and you were not provided with correct footwear to carry out a specific job you were tasked to do. As a result, you suffer a crushed on broken toe. Other common workplace accidents that often result in sustaining a broken toe include the following:

• Falling from a ladder while stocking shelves
• Coming into contact with a moving vehicle and example having a foot run over by a forklift truck in a loading bay

Whatever the accident, should you not be able to work because of your injuries and you feel that the incident occurred through no fault of your own, you should discuss your injuries with a solicitor who specialises in accident at work claims. They would offer essential advice on whether you have a case and whether your employer could be held liable for the injuries you sustained in the workplace.

What You Should Do Following an Accident at Work that Leaves You With a Broken Toe

There is a procedure you should follow if you sustain a broken toe in the workplace, even if you are not thinking of filing for compensation from your employer at the time the incident occurred. The things you should do are as follows:

• Seek medical attention as quickly as possible even if you believe your injuries are not that serious
• Take photos of where the accident occurred
• Take photos of your injury
• Report the incident to the person in charge – if you cannot do this yourself, ask a work colleague to do this for you
• Make sure the accident is recorded in the accident report book, if there is no book, write down all the details of the accident and your injuries. Keep a copy for your own records and send the original to your employer so there is a record of the incident that left you with a broken toe at work
• Get witness statements
• Get witness contact details
• Get an official medical report of your broken toe injuries

You should also contact a solicitor who works on accident at work claims who would offer essential advice on how best to proceed should you want to file for compensation from a negligent employer.

Your Employer’s Responsibility Towards You in the Workplace

There are specific laws in the UK that all employers must abide by. These are set in place to protect workers and employees from being injured and harmed in the workplace. The Health and Safety at Work Act 1974 as well as the Management of Health and Safety at Work Regulations 1999 must be adhered to at all times to reduce and prevent workers being injured while carrying out their daily job.

Your employer must also carry out the following:

• Risk assessments must be done on a frequent basis with an end goal being to identify risks and dangers in the workplace before setting in measures to reduce/prevent workers from being injured and/or harmed in the workplace
• To provide adequate personal protective equipment to all employees when necessary
• To maintain equipment and machinery so it is in good working order
• To maintain and replace PPE when necessary

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How is the Compensation for a Broken Toe Calculated?

The compensation you may be awarded in a successful broken toe claim against a negligent employer would depend on the complexity and the severity of your injuries. If a toe is severely broken and the bone is crushed, you may find that your injury negatively impacts your daily life and this would be factored into the amount you are awarded in compensation. When it comes to calculating the amount of compensation you could receive, there are specific things that are factored in which are listed below:

• General damages are awarded to compensate the pain, suffering as well as mental and physical anguish you had to endure as a direct result of your broken toe injury
• Special damages are awarded to compensate your out-of-pocket expenses you had to cope with which includes medical costs, travel expenses to and from hospital or other medical facility to receive treatments. It also covers care costs should you require help around the home during your broken toe recovery time 

The Amount of Compensation You May Receive in a Successful Broken Toe Claim

As previously mentioned, the amount you could receive in a successful broken toe claim would depend on several things. However, as a rough guide, the figures provided below offer an idea of a ballpark amount that may be awarded:

• A broken toe that makes it hard to wear shoes – you may be awarded anything from £4,500 to £47,575 depending on the complexity of the injury and whether you would require ongoing, specialist treatment. Do not forget you cal also claim things extra like loss of earnings.

If you are unsure on how best to proceed with a broken toe claim against your employer, a solicitor who specialises in accident at work claims would offer essential advice on what you would need to prove that your employer was negligent in their duty to keep you safe at work which resulted in you injuring a toe.

What is the Time Limit to Filing a Broken Toe Claim Against an Employer?

As with the majority of work-related personal injury claims, you have 3 years in which to file a claim against an employer should you think they were liable for your broken toe injury. The time begins from the date you sustained your workplace injury, but if you were under the age of 18 at the time the workplace accident occurred, the 3 year broken toe time limit would only begin from the day you turn 18 years of age.

With this said, it is best to seek legal advice sooner rather than later because it can take a long time to gather all the evidence needed to prove a broken toe claim. It can also take quite a while for an employer’s insurers to respond to any communication they receive that relates to your accident at work. The best course of action to take is to speak to a solicitor who once they have assessed your case, would typically offer to work on your broken toe claim on a No Win No Fee basis which means they take over all communication between an employer’s insurance representative.

What is the Advantage of Making a Broken Toe Claim?

There are many advantages to filing a broken toe claim against a negligent employer more especially if you have incurred a lot of out-of-pocket expenses as a direct result of having suffered a broken toe in a workplace accident. Should you have not been able to work even for a shorter period of time, it can put you under a lot of financial pressure and unable to pay monthly bills. The amount of compensation you could receive in a successful broken toe claim would go a long way in helping out financially and would also compensate you for the pain and suffering you had to endure through no fault of your own.

It is also worth noting that in the UK, employers are duty bound to keep you safe from harm in the workplace. They are also legally required to have valid employer’s liability insurance in place so that should an employee or other person visiting the workplace be involved in an accident that leaves them with an injury, the insurance would cover the cost of compensating a person for the damages they sustained through the fault of a third party.

How Long Does it Take for Broken Toe Compensation to be Paid Out?

When it comes to the time it may take for you to receive compensation in a successful broken toe claim, it depends on the complexity of a claim and whether an employer chooses to dispute the fact they are liable for the accident occurring and the injuries you sustained.

With this said, if your broken toe claim is straightforward, it can take anything from 6 to 9 months for a settlement to be agreed and paid out either by a court or an employer’s insurance company. More complex claims can take a lot longer more especially if you require ongoing treatment for the injuries you sustained, in which case a solicitor would do their best to negotiate an interim payment so that you are not put under financial pressure during the time your claim is in negotiation.

Can I Be Sacked for Making a Broken Toe Claim Against an Employer?

You cannot be fired because you decide to file for compensation against your employer because you feel the accident that left you with a broken toe could have been avoided. If an employer shows you the door or makes your working life uncomfortable so you decide to leave, you could be entitled to file an unfair dismissal claim against them. The reason being that unless an employer has another “good” reason for firing you other than the fact you choose to file a broken toe claim against them, you cannot be sacked or treated unfairly for doing so.

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

Most solicitors would offer to work on your broken toe claim on a No Win No Fee basis once they have assessed whether you have a strong case against a negligent employer. In order for them to start work on your claim, you would sign a Conditional Fee Agreement (CFA) which sets out the Terms and Conditions and the “success fee” you would only have to pay for the legal representation you receive from the amount you are awarded in a successful broken toe claim. Having entered into a CFA with you, the solicitor accepts the risk of your claim not being successful and as such, if this is the case, you would have nothing to pay at all.