Workplace Injury Claim Settlement For Broken Cheekbone Injuries
Have you been involved in an accident that wasn’t your fault? Do you have reason to believe your employer acted negligently? If so, you’ve come to the right place. We can help you sue for a broken cheekbone.
A broken cheekbone injury can be very painful and could have a real impact on your quality of life. In serious cases, it could require surgery and have long-term or even permanent effects.
We understand how overwhelming deciding whether you should sue your employer can be. However, you have more rights than you think. Our advisors are on hand to help you 24/7 with any questions you may have.
Call our team on 0800 408 7827 for free legal advice or read on to find out more about making a claim.
About Broken Cheekbone Injuries
- A Guide On How To Sue For A Broken Cheekbone
- What Is A Broken Cheekbone Injury At Work?
- Causes Of Broken Cheekbone Injuries At Work
- How Much Compensation Will I Get For A Broken Cheekbone Injury At Work?
- What Is The Difference Between General And Special Damages?
- Case Study – £16,000 Compensation For A Broken Cheekbone Injury At Work
- No Win No Fee Broken Cheekbone Injury At Work Claims
- How You Could Get Free Legal Advice About Work Accident Claims
- Contact Our Specialist Team Today
- Need More Help?
- Workplace Injury Claim FAQs
Our guide will talk you through the process of making a personal injury claim. We will also explain the legal process and give you an idea of how much compensation you could be owed. Our example case study will guide you through how a claim is valued following an accident at work.
We will also look at how accidents in the workplace resulting in broken cheekbones might occur. We’ll examine the duty of care that your employer owes you and how this duty may be breached, resulting in injury.
Towards the end of our guide, we’ll take a look at the benefits that a No Win No Fee agreement could offer you in making a claim. We will finish by providing you with some useful resources and answering some commonly asked questions about broken injury claims in the workplace.
We’re here to help you through this difficult time. For this reason, our guide is full of valuable information that you can benefit from. However, if you have any questions or require any further information on anything, our team is available to help.
For more information on why your accident might have happened, continue reading.
Broken Cheekbone Injury Statistics
The Health and Safety at Work etc. Act 1974 outlines the general duties that an employer owes towards employees in regards to health and safety. But despite this, accidents can happen in the workplace.
For instance, RIDDOR recorded 65,427 non-fatal injuries in 2019/2020. Additionally, there were 111 workers killed at work in the same time period.
The rate of injuries to the face (excluding the eyes and ears) reported to RIDDOR has remained broadly flat in recent years. In 2014 there were 1,308 injuries of this nature. This rose slightly to 1,343 in 2019/20. Although these numbers don’t exclusively relate to broken cheekbones in the workplace, broken cheekbone injuries will be included in them.
Workplace accidents can happen in any industry. However, some have higher rates than others. The graph below shows figures from the Labour Force Survey in Great Britain in 2019.
If you’ve suffered a non-fatal injury at work that wasn’t your fault, you could sue for a broken cheekbone.
Damage to the cheekbone (Zygomatic bone) can bring some unpleasant symptoms. For example, if you’ve broken your cheekbone, you might experience:
- Deformity or “flattening” of the face
Occasionally, a cheekbone fracture can damage part of the eye socket, which can cause other symptoms. These can include:
- Difficulty moving the eyes
- Swollen cheeks
- Facial numbness
- Problems with vision
The doctor usually diagnoses a fractured cheekbone with an X-ray. From there, they will decide how best to treat the injury.
Depending on how badly damaged your cheekbone is, treatment and recovery times can vary. For instance, if you need surgery, it can take around 6 weeks to heal. You may also notice numbness or a burning sensation in the injured area. This can take up to a year to go away or may even be permanent.
If you need surgery, you will usually require time off work to avoid any further damage while the bones are healing. For the first few days, you might be in some pain, causing difficulty eating.
For more information on a broken cheekbone, you should seek medical advice from the NHS or your doctor.
Explaining your employer’s duty of care
An employer with any number of employees has a responsibility to keep staff safe from harm. The Health and Safety at Work etc. Act 1974 (HASAWA) states an employer should do everything reasonably practicable to prevent harm to employees.
This includes things like completing risk assessments that check for dangers in the workplace and taking action to reduce or remove hazards accordingly. Employers need to complete these regularly. Failing to do so means avoidable risks may cause accidents and injuries.
Your employer’s duty of care to you means that they must look after your physical and mental health in the workplace. For example, they can do this by:
- Providing relevant personal protective equipment (PPE), e.g. gloves, helmets or ear protection. Your employer cannot make you pay for PPE that you need to do your job safely
- Maintaining good housekeeping by ensuring the working environment is safe and free from clutter
- Making sure that all machinery used in the workplace is well-maintained and safe for use
- Implementing policies and procedures to prevent discrimination, bullying and harrassment from happening
- Creating a safe and open environment to talk about mental health issues
Failure on the part of your employer to fulfil this duty of care can lead to unnecessary pain and suffering. It could also lead to time off work that could have been avoided. For example, in 2019/2020, RIDDOR recorded 38.8 million working days lost to workplace injury and illness.
When employers could be in breach of this duty
An employer could breach their duty of care if they fail to follow the HASAWA. For example, they could do this by:
- Not providing ear protection for employees working in a loud environment, causing them to suffer hearing loss
- Leaving wires trailing, causing an employee to trip over and break a bone
- Failing to provide proper breaks, leading to tiredness and fatigue in workers
Employers are also required by law to have Employers Liability Insurance. This is to cover themselves and employees if an accident takes place. If they don’t have it claiming compensation can be more difficult. However, provided the company is still active, and they have assets, it may still be possible to make a claim against the company directly.
If an employer breaches their duty of care, this means they’ve acted negligently. If you have evidence to prove your employer’s negligence has caused your injury, you could sue for a broken cheekbone.
Please read on for information on other ways injuries can occur in the workplace. Or, if you would like to get started with your claim today, feel free to get in touch with one of our advisers.
Although there is no one reason why accidents at work occur, there are some common causes. For example, an employee could be injured through a:
- Slip, trip or fall
- Fall from a height
- Manual handling accident
- Equipment or machinery accident
The Crime Survey for England and Wales (CSEW) recorded 299,000 incidents of assault at work in 2019/20. It can be more difficult to prove employee negligence in the case of workplace assaults, but it is possible. For instance, you may have been threatened by a colleague and brought this to your employer’s attention. If they failed to take the proper steps to ensure your safety, you might be able to claim.
If you have any questions about your accident at work and the process of making a claim, you can call our advisors on the number above. Otherwise, continue reading for advice on how much compensation you could claim if you sue for a broken cheekbone.
There are two types of compensation you can claim, general and special damages.
A solicitor will look at the Judicial College Guidelines to value general damages. This is a set of guideline compensation brackets detailing different injuries of varying severities. General damages will take into account the impact the injury has had on your quality of life.
To prove an accident happened, you need evidence which might include:
- CCTV footage
- Witness details or accident book report
This can prove an accident happened at work. However, it can’t prove the extent of the injuries you sustained from that accident. For this, you’d need your solicitor to arrange an independent medical assessment.
In this examination, an independent expert will assess the nature and extent of your injuries. They’ll detail their findings and prognosis in a report which will be sent to your solicitor.
For more information on how a solicitor might value your claim, call us on the number above. Otherwise, continue reading for more information on special damages and other things you can claim.
As mentioned above, general damages cover the impact that your injuries have had on your quality of life. Special damages, on the other hand, cover any past and future financial losses that you’ve incurred as a direct result of your injuries.
For example, you could claim:
- Loss of earnings for any time taken off work. You can also claim if your future earning potential has been affected
- Care costs if you need someone to look after you while you recover. You can also claim for childcare if you’re unable to look after your children due to your injuries.
- Travel expenses if your injuries stop you from being able to drive. You can also claim for fuel and parking costs for any medical appointments you’ve had to attend.
- Medication and other medical expenses, for example, prescription costs or the cost of any treatment not available on the NHS
- Hobbies or holidays affected by your injury, for instance, if you’ve lost out on a holiday deposit as you’re no longer fit to travel
This list is by no means exhaustive. You can claim a wide range of special damages, as long as you can prove the financial loss is a result of your injury. Evidence is vital to claiming special damages and can include:
Without this evidence, the loss you’ve experienced won’t be able to be included in your claim. For this reason, it’s best to build up a bank of evidence before you start the claims process. This could ensure you get the compensation you deserve.
For more insight into the amount of compensation you could receive when you sue for a broken cheekbone, see our case study below.
Mrs Johnston was on her way back from the break room when she tripped down the stairs. She suffered an injury to her face and required immediate medical attention.
The doctor informed her that she would require maxillofacial surgery. The surgery was needed to put the bone back into place and help with some of the pain she was suffering from.
The doctor advised Mrs Johnston to take time off work. She needed around a month to prevent any further damage to the cheekbone after surgery.
After discussing time off with her employer, they informed her she would only get statutory sick pay. So she decided to sue for a broken cheekbone.
How did Mrs Johnston break their cheekbone in the workplace?
One afternoon, Mrs Johnston was walking back to the stockroom after her break when she tripped down the stairs. Some wires had been left trailing across the steps. Furthermore, a bulb that usually lit the staircase had blown and had not been replaced, meaning that visibility was poor. She tripped over the wire, smashing face-first into the steps below.
Mrs Johnston was in a lot of pain and very upset. She went to inform her supervisor about what had happened and put the details of the accident in the accident book. Her supervisor expressed concern that the injured side of Mrs Johnston’s face seemed flat, and a bruise was beginning to form. He told Mrs Johnston not to worry about finishing her shift and to seek medical attention at the hospital.
When Mrs Johnston was seen by a doctor, she described the accident and the symptoms she was experiencing. The doctor arranged an X-ray to diagnose her injury and confirmed that she was suffering from a broken cheekbone. He advised that surgery would be the best way to move forward with treatment. Mrs Johnston was worried about scarring after the doctor confirmed that some cuts would need to be made to reposition the bones.
She had to take around a month off work, and her injury took over 6 weeks to fully heal. After the surgery, she had difficulty eating due to a numbness that persisted in the injured side of her face. While recovering, she was having difficulty caring for her child due to the tiredness caused by the persisting pain.
She realised the impact the injury had on her quality of life and finances and decided to seek legal advice about making a claim.
What settlement was awarded to Mrs Johnston?
Mrs Johnston was apprehensive about claiming against her employer and was concerned she may be disciplined for making a personal injury claim. However, a personal injury solicitor informed her that her employer couldn’t dismiss her for making a claim.
Due to the evidence Mrs Johnston collected, including CCTV footage, photographs and the report from the accident book, it was clear that her injuries were the result of employee negligence.
Mrs Johnston was awarded a compensation amount of £16,000.
How this settlement breaks down
|General Damages||How much?||Special Damages||How much?|
|Compensation awarded for a simple fracture to the cheekbones||£6,000||Loss of earnings||£2,500|
|Compensation awarded for trivial scarring||£3,000||Cost of child care||£900|
|Cancelled food tour||£750|
|Total special and general damages:||£16,000|
The case study detailing the accident and injury Mrs Johnston experienced is an example. It has been created to show you how much compensation you could get for a similar injury. Actual compensation amounts will differ.
If you’re already in a tricky financial situation because of your accident, you might be concerned about the added cost of paying a solicitor’s fees. However, there is a way you can claim without paying any upfront costs.
A No Win No Fee agreement, otherwise known as a Conditional Fee Agreement, is a contract that sets out the terms that your solicitor needs to fulfil in order for them to receive payment.
Although you’ll have to pay your solicitor if your claim succeeds, this payment will be a legally capped fee taken out of your total compensation. It will be set out before they start work on your claim. If you don’t receive any compensation because your claim is unsuccessful, then you won’t be asked to pay anything to your solicitor.
Start your claim today and sue for a broken cheekbone by getting in touch with a helpful and friendly member of our team.
We understand that you may feel frustrated following an accident that wasn’t your fault. However, our team can help. They are available to provide you with free legal advice 24/7.
They can provide further clarification on the following topics:
- How a No Win No Fee solicitor is beneficial
- The responsibilities of your employer
- The rights you have as an employee
As well as this, they can better estimate your claim value.
Although you might have heard of or even used a personal injury calculator, they don’t give an accurate estimation of your claim. As each case is unique, our advisors will consider many factors when valuing your claim and will look at the individual features of your accident to give you as accurate a valuation as possible.
We’ve covered a lot of information in this guide, and we hope that you feel confident going forward in making a personal injury claim. Whether you would like to get your claim started today or have more questions, we’re here to help.
Contact us either via:
If you require more information on an employer’s duty of care, see the government statistics from Health and Safety England.
For any medical advice on broken cheekbone symptoms, treatment and recovery, see this NHS guide.
If you need to take time off work following an accident, you may be entitled to Statutory Sick Pay. Read this government guide for more information.
Did you break your foot in an accident at work? If so, see our guide on suing your employer for a broken foot injury.
If your injury resulted from your local council’s negligence, see our guide on how to sue your local council.
For more information on your rights and your employer’s responsibilities, see this guide on how to sue your employer.
Are you entitled to full pay if injured at work?
Full sick pay is paid at the discretion of your employer. Generally, you’re entitled to statutory sick pay.
How long do I have to make a claim after an accident at work?
The time limit is three years from the date of the accident. However, there are exceptions. For example, if you’re under 18 years of age when the accident happens, you have three years from your 18th birthday. This is provided that a litigation friend hasn’t claimed on your behalf before then.
Can you sue someone for a broken bone?
If you’ve broken a bone in a workplace accident, you may be able to claim compensation. You can do this if you can show that the accident was a result of employer negligence.
Thank you for reading our guide on how to sue for a broken cheekbone.
Article by Meg
Edited by Fer