How To Sue Your Employer For A Broken Foot Injury At Work – A Guide To Claiming Compensation

In this article, we will be discussing the claims process for a broken foot injury at work and the steps you need to take to start your claim. 

how to claim for a broken foot

To help you understand how to claim for a broken foot, we’ll be looking at an illustrative case study created based on our past experiences with claims for a broken foot injury. We’ll also explain how you can identify who was liable for your injuries and how to prove it. Additionally, we look at how to accurately calculate what you could claim in compensation. If this is information you’re looking for and something you need help with, keep reading to find out where to start and how much compensation you could be entitled to. 

We offer free legal advice, 24/7, with our helpline and panel of solicitors ready to help you with any questions you might have about your personal injury claim. 

Call us on 0800 408 7827 for help now.

About Broken Foot Injuries

  1. A Guide On How to Claim For A Broken Foot Injury
  2. What Are Broken Foot Injuries At Work?
  3. Causes Of Broken Foot Injury Claims Against Employers
  4. How To Claim For A Broken Foot And Calculating Settlements
  5. General And Special Damages
  6. Case Study: £25,000 Compensation For A Broken Foot At Work
  7. How To Claim For A Broken Foot With A No Win No Fee Agreement
  8. How An Advisor Could Help You If Injured In The Workplace
  9. Speak To Our Team To Get Free Legal Advice
  10. Need More Help?
  11. FAQs On How To Claim For A Broken Foot

A Guide On How to Claim For A Broken Foot Injury

Have you had a broken foot injury at work? Was your injury because of an irresponsible employer? Has your injury left you suffering the consequences of someone else’s actions? 

If you’ve answered yes to any of the above questions, you’ve come to the right place. We’re going to answer all of these questions and more. Our panel of personal injury solicitors are on hand to help with any questions you might have. 

Our guide to claiming compensation for an accident at work will provide you with information on:

  • Different types of foot injuries
  • Different causes of these injuries at work
  • How your employer is responsible 
  • How much you could claim for your injury
  • Tips on how to claim for a broken foot

Broken and fractured bones in the workplace

Broken bones as a result of an accident at work are not uncommon, including broken foot bones. Foot breaks can be quite complex as there are multiple bones you can break. Some of the bones in the foot include the:

  • Calcaneus (heel bone)
  • Tarsals (between the heel bone and the metatarsals)
  • Metatarsal bones 
  • Phalanges (toe bones)

Accidents can happen in any workplace. In total, there were 693,000 non-fatal injuries, reported by employers, that took place in 2019/20.

According to RIDDOR, there were 3,630 foot injuries in a work environment between 2019/20. Of these, nearly half of them left employees off work for more than seven days. 

As highlighted in the graph, figures recorded by RIDDOR show a range of different types of limb and foot injuries. 

 

 

What Are Broken Foot Injuries At Work?

There are many different bones in the foot, and depending on which bone you break, symptoms and treatments can vary. Some of the most common symptoms for a broken foot, as advised by the NHS, include:

  • Swelling
  • Pain
  • Deformity

You may also experience:

  • Bruising
  • Tenderness around the affected area
  • Difficulty in bearing weight

In more severe cases, symptoms may also include bones sticking out of the skin and nerve or blood vessel damage. Whether or not the symptoms are severe or minor, you will need to seek medical advice. If injuries are left untreated, it can lead to long term effects, such as deformities or muscle and joint problems. 

Broken foot treatment and recovery time

The treatments and recovery times can vary depending on the severity of your injury. First, a diagnosis will need to be made, usually through an X-ray or other scan. Once this has been determined, your doctor will prescribe any medication and advise on what further treatment you will receive. 

The recovery time is normally 6–8 weeks without any complications. However, you may still have some stiffness, and your doctor may recommend physiotherapy.

As stated previously, this is guidance from the NHS website. For more information on your injury, you should speak to a medical professional.

What duty of care are employees owed?

The government set out guidelines in the Health and Safety at Work Act etc. 1974 (HASAWA) to ensure your employer takes reasonable precautions to provide you with good health and safety in the workplace.

The most common things your employer is required to provide are:

  • An organised workplace with reduced hazards
  • Proper equipment
  • Appropriate training
  • Maintenance of an organised workplace and equipment
  • Safe facilities 

Without these in place, you’re at risk of suffering from accidents at work that aren’t your fault.

How could your employers be in breach of their duty of care?

If your employer fails to comply with these provisions, it means they may have breached their duty of care to you. It could result in potentially serious injuries that lead to difficult circumstances and unfortunate consequences that you have to suffer. 

Statistics between 2019/2020 show employers reported 693,000 non-fatal injuries at work, which includes broken bones. 

29% of these injuries were caused by slips, trips and falls on the same level. 

An employer could breach their duty of care and be liable for slips, trips or falls on the same level if an injury results from them:

  • Not training staff appropriately on how to attend to spillages
  • Knowing of a leak but not ensuring it is seen to
  • Knowing of hazardous flooring but not giving appropriate warning to staff

These are just some examples. If your employer is at fault, you can start your personal injury claims for a broken foot today. For more information on how to claim for a broken foot, keep reading or call our team on the number at the top of the page.

Causes Of Broken Foot Injury Claims Against Employers

Many situations could cause you to break your foot at work, for example, tripping and falling over something, dropping something heavy or misstepping and wearing improper footwear. Cluttered or poorly lit hazardous areas could also result in a foot injury. 

Those who work in certain environments could be more at risk than others too. You may be in danger, for example, of heavy objects dropping on your foot and falling from a height if you work on a construction site. 

These accidents can result from your employer breaching their duty of care. They may not have provided you with the correct footwear, for example, which can cause various breaks and fractures if an accident occurs. If that were the case, you might be able to claim.

How To Claim For A Broken Foot And Calculating Settlements

There might be quite a few questions on your mind, such as, how much compensation can I get for a broken foot? What types of damages can I claim for? And most importantly, how do I start my broken foot injury claims process? 

Firstly, we can look at the types of compensation you can claim. There are two types, general damages and special damages. Both cover different losses that you might have faced as a result of your accident. 

General damages take into account the physical pain, emotional suffering and the effect the injury has had on your quality of life. It’s important to have evidence that the injury was caused by an accident in the workplace. However, if your injury already existed but the accident worsened it, you could still claim. For example, if you have a pre-existing condition such as back problems and you fell on your back at work which then caused your condition to worsen, this could be as a result of negligence in the workplace. 

As part of the claims process, you should meet with an independent medical professional who can assess your injuries and establish whether they were caused (or worsened) by the accident or not. If you choose to use a personal injury solicitor, they can arrange this meeting for you. They can use the resulting report to value your injuries. 

Although it can be tempting to use a personal injury claims calculator to figure out the amount of compensation you can receive, it can sometimes be inaccurate. We recommend looking through our case study below or call our advisors for a more accurate estimation of how much you could claim.

For more advice and help with any questions you may have, call us on the number in the top right-hand corner.

General And Special Damages

While general damages cover your suffering, special damages look at your past and future financial losses caused by the injury. There are many different types of special damages you can claim that will be unique to your specific situation. They can include the following:

  • Loss of earnings
  • Cost of care
  • Medications
  • Long-term recovery requiring private care e.g. private physiotherapy
  • Travel costs 
  • House maintenance 

It’s very important to have evidence when calculating special damages. It can be difficult to figure out the financial losses you have incurred without having receipts, medical bills, payslips and other physical evidence to look at. 

Evidence is key when thinking about how to claim for a broken foot.

Case Study: £25,000 Compensation For A Broken Foot At Work

Miss Lin, a training and development assistant in retail, went to work as normal. It was a big day; they had ten new employees starting with the company, and it was her responsibility to go through the induction day with them. 

The training room was on the second floor and the staircase handrail had been loosening for some time. She’d advised her employer of this, but they hadn’t acted on it. With a file of training materials under one arm and her hand on the rail, she began to climb the stairs. As she leant her weight on it at one point, it came away and she fell. She suffered bruising to her knee but felt extreme pain along the side of her foot. She required immediate medical attention due to the pain she was experiencing.

The on-site first-aider advised going to the hospital straight away. After spending time getting X-rayed and waiting for results in A&E, she was told she had broken her foot by the NHS and would be off work for around 8 weeks. 

How did Cara fracture their foot at work?

Miss Lin’s employer failed to get the handrail fixed, despite being given ample warning, and as a result, she broke her foot. As someone who lived alone and was responsible for caring for her mum on the weekends, she realised the financial and personal impact this would have on her. 

Miss Lin started to gather evidence, including:

  • The entry from the accident book at work
  • Medical documents
  • Travel expenses
  • Care expenses 
  • Witness contact details

After getting advice on how to claim for a broken foot injury, she thought about claiming against her employer. However, being financially independent and having someone to care for, she didn’t want to face being dismissed for making a claim. After speaking to a personal injury solicitor, he assured her that no action could be taken against her by the employer in this instance.

She went ahead with her claim without any further disputes at work. 

What was this person awarded in compensation?

Miss Lin was left suffering from more than just physical pain as a result of her accident. She was temporarily unable to drive, work, provide care to her mum or enjoy her hobby of working in her garden. 

She required extra care at the weekends for her mum. 

Despite the employer denying liability at first, when more evidence came to light, they decided to settle the claim. In the end, Miss Lin was awarded £25,000 compensation in total.

For more information on how the compensation was worked out for this case study, see the table below.

Breaking down this compensation payout

General Damages How much?Special DamagesHow much?
The average compensation amount for a moderate foot injury (e.g. displaced metatarsal fractures resulting in permanent deformity) ranges from £12,900 to £23,460.£21,300Loss of earnings£2,000
Travel Expenses£300
Medications£200
Cost of her mother's weekend care£1,200
Garden£200

The case of Miss Lawson is purely an example. It is based on our past experiences of handling and valuing claims and serves to illustrate how accidents can happen and how they are valued. 

How To Claim For A Broken Foot With A No Win No Fee Agreement

A common worry you might have about making a claim is how much the solicitor fees will cost you. If this is a concern you have, there is an option to enter into a No Win No Fee agreement, also known as a conditional fee agreement, when making a claim. 

This simply means that if your solicitor doesn’t win the case, you don’t have to pay any of their fees. If your case is won, the solicitor will take a small success fee. The fee they take is a legally capped percentage and will be decided when you enter the agreement. 

There are many benefits to entering this type of agreement, for example:

  • You will have no upfront solicitor fees to pay.
  • There are no solicitor fees to pay that build up during the claim.
  • If your claim doesn’t succeed, you don’t have to pay the solicitor fees.

A lawyer from our panel can help you keep costs low when making your personal injury claim and provide you with all the information you’ll need.

How An Advisor Could Help You If Injured In The Workplace

We understand this is a difficult and trying time for you due to the negligence you have suffered, and we want you to know that we are here to help you. 

Our advisors are on hand to help with any questions you have about how to claim for a broken foot. We would love to hear more details about your accident in order to assess how much your claim is worth and give you more informed advice on what your next steps should be.

Our advisors offer free legal advice and you are under no obligation to proceed with the services of our panel should you choose not to. If you’d like, however, an advisor could put you in touch with a lawyer from our panel so you can begin your personal injury claim. 

Speak To Our Team To Get Free Legal Advice

We’ve given you a lot of information to think about; however, the main thing you need to remember is that we are here to help in any way we can. 

We can provide you with free advice that will help you:

  • Start your claim
  • Get a better understanding of the compensation you could get for a broken foot
  • Help you understand No Win No Fee agreements
  • Get access to a personal injury specialist 

For more information, contact us now on the following: 

  • Call us on 0800 408 7827
  • Use our live chat at the bottom of the page
  • Send us an enquiry regarding your claim

Need More Help?

If you need any more information on how to tell if you have a broken foot, visit the NHS here for advice.

For more information on health and safety at work, visit the government website

For a better understanding of broken foot injuries, visit this NHS patient guide.

If you have any questions about making a claim against your employer, take a look at our guide on how to sue your employer.

Visit here for more information on personal injury claims and how to claim for a broken foot.

We also have a guide for you if you suffered a broken ankle injury at work.

FAQs On How To Claim For A Broken Foot

How long will I be off work with a broken foot?

If you have a broken foot injury, it can take 6–8 weeks to heal fully, depending on the injury’s severity.

Can I claim for a broken metatarsal at work?

It’s possible to make a claim for a break or fracture If the injury sustained was the fault of your employer.

Article by MIT

Edited by INE