How To Make A Claim After Suffering A Broken Bone At Work

This article will explain how to make a claim after suffering a broken bone at work. You will find out how accidents can happen in the workplace and the steps you could take after sustaining a workplace injury.

In addition, if you have been injured at work due to employer negligence you may be eligible to make a claim for compensation. This article will show the potential compensation you could be awarded and how our panel of solicitors could help you with your personal injury claim.

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Choose A Section

Could I Sue After Suffering A Broken Bone At Work?
Accident Scenarios In The Workplace
What Should I Do After Suffering A Broken Bone At Work?
Calculating The Settlement For An Injury At Work
Could A No Win No Fee Solicitor Take On My Case?
Further Guidance On Claiming Compensation After Suffering A Broken Bone At Work

Could I Sue After Suffering A Broken Bone At Work?

The Health and Safety at Work etc. Act 1974 (HASAWA) is a piece of legislation outlining the reasonable and practicable steps an employer must take as part of their duty of care to prevent you from sustaining harm.

Accidents at work may still happen despite your employer doing everything they reasonably can to prevent them. However, in order to file an accident at work claim, you must prove your employer acted negligently.

Negligence refers to the breaching of the duty of care that all employers owe their employees to provide a safe and secure working environment.

If you have broken a bone at work due to an employer breaching their duty of care, then you may be eligible to make a personal injury claim. Contact our advisors to find out more today.

Looking At Workplace Accident Statistics

The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) legislation requires employers to make workplace injury reports to the Health and Safety Executive (HSE). They are required to report certain accidents, incidents and injuries under the Act.

In 2020/21, employers reported 51,211 non-fatal employee injuries under RIDDOR. Furthermore, 15,159 non-fatal fractures and 8 fatal fractures were reported by employers under RIDDOR. The non-fatal fractures included all bone fractures other than those to the finger, thumb or toe.

Accident Scenarios In The Workplace

The HASAWA outlines ways employers are responsible for providing employees with a safe working space. It states the reasonable and practicable steps they can take to reduce or remove the risk of different injuries at work.

If they fail to do so, it could result in you experiencing harm as a result of your employer’s negligence. Examples of how this could cause you to sustain a broken bone at work might include a failure to:

Regularly maintain equipment – Employers should regularly maintain the safety of equipment by carrying out risk assessments to identify any hazards. If they fail to do so, it could result in you sustaining harm. For example, you may have fallen from a defective ladder causing you to break your leg.
Provide Personal Protective Equipment (PPE) – If employers have done everything they reasonably can to remove the risk a hazard poses, they should provide the necessary PPE. However, they may have failed to do so causing you to experience a fractured skull due to not being given protective headwear on a construction site.
Provide Insufficient training – All employees should receive free and relevant training to ensure they perform their job safely and efficiently. For example, if an employee isn’t adequately trained to use a forklift truck, it could result in them crashing into another employee.

If you have suffered harm in a similar incident, please contact our advisors for more information on whether you’re eligible to claim. They could provide further guidance on who is at fault in workplace health and safety accident claims.

What Should I Do After Suffering A Broken Bone At Work?

After suffering an injury at work there are immediate steps you can take to help your broken bone at work claim. It is important that you have evidence to support your personal injury claim. The examples of some evidence you could collect yourself might include:

Medical records – It may be beneficial for you to seek immediate medical attention to ensure you get the correct treatment. Any visits to the hospital or your doctor will produce medical records that can provide details on the nature of your injuries.
Accident book logs – Workplaces with 10 or more employees must have an accident book. Details of your accident should be recorded in this book. You can provide a copy of the accident report as evidence.
CCTV footage – Video footage of your work accident could help to support your personal injury claim. You could request CCTV footage from your employer. However, they aren’t legally required to provide you with it.
Pictures of your injury and accident area – You could take pictures of your injury at the different stages of recovery.
Witness contact details – If you gather the contact details of any witnesses, statements could be gathered later on to support your case.

Additionally, you could choose to hire a No Win No Fee solicitor to help you when obtaining evidence. They could also arrange an independent medical assessment for you to attend. The assessment can provide a report on the current state and full extent of your injuries.

For more information on hiring legal representation, get in touch.

Calculating The Settlement For An Injury At Work

The amount of compensation you may be eligible to claim as part of your broken bone at work claim is dependent on your specific circumstances. A compensation settlement awarded for successful claims may include general and special damages.

General damages cover the pain you suffered due to your injury. The Judicial College Guidelines (JCG) outlines compensation brackets for a wide variety of injuries and the different levels of severity. The following table uses these figures to show the bracket compensation amounts for broken bone injuries:

Injury	Compensation	Notes
Chest Injuries (g)	Up to £3,710	Rib fractures or injuries to the soft tissue leading to serious pain and a short-term disability.
Severe Neck Injuries (a) (ii)	£61,710 to £122,860	Injuries might include serious fractures or damage to cervical spine discs leading to disabilities of notable severity.
Severe Back Injuries (a) (iii)	£36,390 to £65,440	Injuries might include lesions to discs or fractures of discs and other vertebrae and soft tissue injuries.
Clavicle Fracture (e)	£4,830 to £11,490	The compensation awarded is dependent on several factors including the level of fracture, disability level and continuing symptoms.
Severe Injuries to the Pelvis and Hips (a) (ii)	£58,100 to £73,580	Injuries might include a fracture dislocation of the pelvis involving both the pubic rami and pubic ischial causing impotence.
Other Arm Injuries resulting in permanent and substantial disablement (b)	£36,770 to £56,180	Injuries might include serious fractures of the forearm(s) that causes a notable permanent disability.
Moderate or Minor Elbow Injury (c)	Up to £11,820	Various injuries fall under this bracket. Examples might include simple fractures, lacerations and tennis elbow syndrome.
Wrist Injuries (d)	Rarely exceed £9,620	A fracture or soft tissue injury may take longer to recover but it will be a complete recovery.
Wrist Injuries (e)	In the region of £6,970	A simple Colles' fracture.
Fracture of Index Finger (j)	£8,550 to £11,480	Injuries might includ where a fracture has mended quickly, but grip impairment remains.

Please only use these figures as a guide because your actual settlement will vary depending on several factors. For instance, medical evidence is used to assess the severity of your injuries and the extent to which they have impacted the quality of your life.

Special damages cover the financial costs incurred as a result of the associated injury. Such damages might include:

Loss of past and future earnings
Child care costs
Care costs for yourself
Travel expenses to and from medical appointments

For further legal advice on what compensation you may be entitled, get in touch on the number above.

Could A No Win No Fee Solicitor Take On My Case?

A No Win No Fee solicitor requires no immediate costs or any fees while your claim is ongoing. Additionally, you will not pay a success fee if your personal injury claim fails.

If your claim succeeds, a small, legally-capped percentage of your compensation will be deducted. This is known as a success fee and is something your solicitor will discuss with you prior to starting work on your claim.

To find out how our panel of solicitors could help you make your broken bone at work, contact our advisors today by:

Following the banner at the top of the screen
Filling out our online contact form
Using the live chat feature at the bottom of the screen

Further Guidance On Claiming Compensation After Suffering A Broken Bone At Work

For more information on different personal injury claims, see the guides below:

Additionally, we have included some external resources below:

A government guide on whether you’re eligible to receive SSP – Statutory Sick Pay.
An NHS guide on when to visit an urgent treatment centre.
The HSE guide on specified injuries to workers.

If you have any more questions on how to make a claim after suffering a broken bone at work, then please contact our advisors today.

Broken Bone At Work Claim