A fractured elbow is a painful and often debilitating injury that can prevent you from working for several weeks and sometimes months. It is a common injury that occurs when you slip, trip or fall hard on your elbow. If you were involved in a workplace accident and you suffered a fractured elbow at work, providing you can meet specific criteria, you could be entitled to file for compensation from your employer, to find out more, please read on.
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.