If you were injured in an accident at work that left you with a broken wrist, you may be entitled to seek compensation for the pain, suffering and out of pocket expenses you incurred. However, there are specific criteria that must be met in order for you claim to be valid. To find out more about filing a broken wrist claim, please read on.
Proving Liability for a Broken Wrist in an Accident at Work
You would need to provide evidence that you sustained a broken wrist in the workplace through no fault of your own but rather through employer negligence. You may have been injured because a work colleague caused an accident, in which case, your employer could still be held liable because they are responsible for the actions of all employees in the workplace.
Even if you believe you may have been responsible for the accident happening and the injuries you sustained, you should still seek legal advice because it could be found that your employer was partly liable if not totally responsible for you sustaining a broken wrist at work.
What are the Main Causes of a Broken Wrist at Work?
You can injure or break your wrist in many ways while at work. One of the main causes of this type of workplace injury occurs through a slip, trip and fall. It could be that you slipped on a well-polished floor, a wet surface or you could have tripped over something that was not put away correctly. In all these instances, your first reaction is to break your fall using your hands which puts a tremendous amount of pressure on your wrists. The result can be a broken wrist.
Would My Broken Wrist Claim be Valid?
As previously mentioned, you would have to meet certain criteria for your broken wrist claim to be valid which entails gathering as much evidence surrounding the accident that left you injured. This includes the lead up to the accident occurring. Other proof that would be required is detailed below:
- That the accident occurred through no fault of your own
- That the injuries you sustained were through employer negligence
- That your injuries were caused by an error on the part of a work colleague
- That the accident at work that left you injured occurred in the last 3 years
If you can meet all of the above, you should discuss your claim with an accident at work lawyer who would provide essential advice on how best to proceed.
What Level of Compensation Would I Receive in a Broken Wrist Claim?
The amount you may be awarded in a successful broken wrist claim against a negligent employer would be calculated by factoring in several things. Personal injury claims are broken into 2 parts when it comes to compensation which are as follows:
- General damages are calculated on the severity of your injuries and how your life may have been impacted. This includes the amount of time you were off work, how your injuries affect your ability to work and to enjoy the things you did prior to suffering your injuries
- Special damages are calculated on the out of pocket expenses you had to cope with following an accident at work that left you with a broken nose. This includes all your travel and medical expenses as well as any other costs you had to pay out as a direct result of your injuries
As a rough guide, the amount of compensation you may be awarded in a successful broken wrist claim could be anything from £2,800 to over £47,000 depending on the severity of your injuries and how much they negatively impact your life. It is important to note that all claims are treated as unique and that no amount of compensation awarded is set in stone.
Who Pays the Compensation I am Awarded for a Broken Wrist Claim?
When it comes to who pays the amount you are awarded in a successful broken wrist claim, it would be your employer’s insurance providers who settle the compensation you receive. All employers must by law have valid liability insurance in place which covers accidents at work claims and any other personal injury claims that may be filed against them.
What Can I Include in My Broken Wrist Claim?
The compensation you would receive in a successful broken wrist claim would depend on how your injuries affect your ability to work, enjoy activities that you did before being injured and the extent of your injuries. All personal injury claims are treated as unique and calculating special damages is harder than establishing the amount of special damages you receive. The reason being that special damages are calculated on the actual expenses and costs you incurred as a direct result of your broken wrist whereas general damages are calculated on how much your injuries may affect your future life.
You should keep all receipts relating to travel expenses, medical costs and all other expenditures that you incurred as a direct result of having suffered a broken wrist in an accident at work. These would be needed when calculating the amount of compensation you would be awarded.
Should I Sue My Employer if I Suffer a Broken Wrist at Work?
Should you suffer a broken wrist in the workplace and you were not at fault for the accident, you have every right to seek compensation for the pain and suffering you had to endure both physical and psychological. You may find that your injuries prevent you from carrying out your job or taking part in activities you enjoyed prior to suffering an accident at work. This can put you under a lot of financial pressure and it may even lead to you suffering from depression and anxiety.
Seeking compensation from an employer can alleviate a lot of the financial pressure you may have to endure and being awarded a level of broken wrist compensation to suit your injury, can make life a lot easier for you. Providing you can prove employer negligence and that the accident at work that resulted in you suffering a broken wrist occurred in the last 3 years, you cannot be prevented from seeking legal advice and to then file for compensation for the injuries you sustained.
Employers must by law have liability insurance (EL) which covers accident at work claims that are filed against them by employees when they suffer injuries through no fault of their own. The insurance policy also covers work-related medical claims and injuries caused by work colleagues. As such, your case would be handled by your employer’s insurance providers who would also pay out the compensation you are awarded should your case be upheld either by a court or because the insurer chooses to settle “out of court”, with 95% of personal injury claims being settled in this way.
What are My Workers Rights if I Suffer a Broken Wrist at Work?
Employee rights are protected which includes when you are injured in an accident at work. This includes the following:
- Your right to seek compensation for any injuries you sustain while in the employment of someone else
- Your job is safe and you are treated fairly by your employer should you file a broken wrist claim against them
Are There Any Benefits to Working With a Solicitor on a Broken Wrist Claim?
Lawyers who specialise in accident at work claims have vast experience when it comes to dealing with insurance providers. They also have access to all the legal libraries which means when working on your claim, they can refer back to past cases. Personal injury claims can be long drawn out legal processes and insurance providers can be slow to respond to letters they receive. An experienced solicitor would know how to handle this type of situation which can help speed up what is often a slow process.
Working with a solicitor on a broken wrist claim also means that all the negotiations would be handled by the solicitor on your behalf. This ensures that you receive a level of compensation to suit your injuries and how the accident at work affected your health and well-being.
A solicitor would also be able to arrange specialist treatment, therapy and care should this be required, bearing in mind that a specialist medical report would also be invaluable when it comes to calculating how much your broken wrist affected your life and your ability to work. The solicitor would also ensure that you receive the right rehabilitation to help speed up your recovery.
Is There a Time Limit To Making a Broken Wrist Claim Against My Employer?
Employees who want to seek compensation from an employer have 3 years to file an accident at work claim, providing specific criteria have been met. This accident at work time limit has to be adhered to or you might lose out on the compensation you rightly deserve, even if you have strong evidence your boss was negligent and therefore liable for your injuries. The time limit for filing an accident at work claim is as follows:
- 3 years from the date of the accident at work that left you with a broken wrist
- 3 years from the date you were diagnosed with a medical condition that can be linked to your injuries
- 3 years from the date you turn 18 years of age, should the accident at work that left you with a broken wrist have occurred when you were under the age of 18
If you suffered a broken wrist at work and would like to know more about how to go about seeking compensation from your employer, you should discuss the circumstances surrounding the accident at work you were involved in, with a lawyer who specialises in work-related personal injury claims.
Can My Employer Fire Me For Filing a Broken Wrist Claim Against Them?
A boss cannot sack you because you were injured in an accident at work and you decide to seek compensation for the pain and suffering you had to endure. Your employer must have another “good and valid” reason for firing you and if they do not, you should contact an employment law solicitor because you may be able to not only file and accident at work claim against your employer, but an unfair dismissal and a detriment claim against them too.
Would a Solicitor Work on a No Win No Fee Basis on My Broken Wrist Claim?
Once an accident at work solicitor has determined that you have a strong case against a negligent employer, they would represent you on a No Win No Fee basis. This would involve signing a contract known as a Conditional Fee Agreement which is often referred to as a CFA.
The agreement between a solicitor and you, sets out the Terms and Conditions of the contract and the “success fee” that is only payable to the solicitor when your claim is successful. The percentage you pay would then be deducted from the amount of compensation you are awarded. Should your broken wrist accident at work claim not be successful, you would not have to pay the “success fee” to the solicitor because you entered into the CFA with them.