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

Welcome to our guide on how to sue for a broken forearm. If you’ve suffered from an injury at work that wasn’t your fault, you could be eligible to make a claim. We understand your frustration and are here to help.

sue for a broken forearm

Our guide will cover everything you need to know about:

  • Personal injury claims
  • Compensation amounts
  • Your rights as an employee
  • Why these accidents happen
  • How your employer could be responsible

We’ll use an illustrative case study to show you the process and give you examples of what you can claim for. 

Our team of advisors are available 24/7 to offer you free legal advice and answer your questions regarding personal injury claims and more.

Call us on 0800 408 7827 to speak to an advisor, or continue reading for more detailed information on suing your employer.

About Broken Forearm Injuries

  1. A Guide On How To Sue For A Broken Forearm
  2. What Is A Broken Or Fractured Forearm?
  3. Causes Of Broken Forearm Injuries At Work
  4. Calculating Compensation For Broken And Fractured Forearm Injuries
  5. General Damages Vs Special Damages
  6. Case Study: £25,000 Compensation For A Broken Ankle Injury At Work
  7. How To Sue For A Broken Forearm With A No Win No Fee Solicitor
  8. How A Specialist Injury Claims Solicitor Could Help You
  9. Contact Our Team For Free Legal Advice
  10. Resources
  11. FAQs About Workplace Accident Claims

A Guide On How To Sue For A Broken Forearm

We understand that you’re going through a difficult time and have a lot of questions. You might be wondering whether you can even still make a claim. For example, you may believe this if your injury happened a while ago or the accident occurred somewhere you no longer work.

You might also be wondering why fractured forearm accidents happen and why you’re suffering because of the fault of someone else.

We’re here to answer your questions and more. See below or call us for more information on health and safety in the workplace to help you understand why an accident at work might happen.

Workplace health and safety statistics

There were around 38.8 million working days lost to work-related illnesses and injuries in 2019/2020, and 65,427 non-fatal injuries.

RIDDOR also reported 24,544 non-fatal injuries sustained to the upper limb including fingers, thumbs, hands, wrists and other upper limb locations such as arms and shoulders. The nature of these injuries varied. However, there were 18,535 fractures during 2019/20, and 15,543 of the fractures required more than 7 days off work.

The graph below shows the nature of different non-fatal injuries at work during 2019/20, as recorded by RIDDOR. As you can see, workplace accidents do occur and can affect various parts of the body in different ways.

 

 

If you’ve suffered from a workplace accident that caused damage to your arm and wasn’t your fault, call our team about making an accident at work claim. You could sue for a broken forearm.

Otherwise, read below for more information on the symptoms of a broken forearm and the type of fracture you might have.

What Is A Broken Or Fractured Forearm?

A forearm injury can cause a lot of pain and suffering depending on how severe your break or fracture is. The NHS advises seeking medical attention if you have any of the following symptoms:

  • Severe pain
  • Lots of swelling or bruising
  • Unable to use your arm
  • Numbing, tingling or pins and needles
  • A cut that’s bleeding
  • Bone sticking out of your skin
  • The arm has changed shape or is at an odd angle

The doctor should arrange an X-ray to diagnose whether you have a break and the type of break you have. After you’ve been diagnosed, the doctor will start treating your injury.

Treatment might differ depending on how severe your injury is. For example, you might only require a cast. However, in some situations, you might require surgery or for the doctor to realign the bones before a cast is fitted.

The recovery time can vary, with the NHS suggesting a recovery time of between 6–8 weeks for most arm fractures. While you’re recovering, the doctor might arrange a follow-up appointment to check the injury is healing correctly. As well as this, they may also provide exercises to help with stiffness.

For more information and why a broken forearm might happen, read below.

Causes Of Broken Forearm Injuries At Work

There isn’t one specific accident that causes an arm break but some common accidents that could, include:

  • If you slip, trip or fall and damage your arm trying to break your fall
  • Suffering a significant trauma, e.g. your arm is crushed or hit with force

According to RIDDOR, there were 19,219 cases of slips, trips and falls on the same level that were responsible for non-fatal injuries. As well as over 10,000 cases of being struck by either a moving object, vehicle or machinery.

The different types of bones commonly affected by these accidents include breaks or damage to the radius and ulna. The tendons might also be impacted.

If you have suffered from any of these or any other damage to your upper limb through no fault of your own, you could be eligible to sue for a broken forearm.

Call our team on the number above with your questions. Otherwise, continue reading for information on your rights as an employee.

Source: https://www.hse.gov.uk/statistics/tables/index.htm

What is my employer’s duty of care?

An employer is required to do everything reasonably possible to keep you safe from physical or mental harm. This includes putting policies and procedures in place to prevent any risks that could occur. For example, they may complete regular risk assessments to ensure any identified risks are taken care of before an accident happens.

In addition to addressing any potential risks, they are required to provide you with health and safety training. The training should give you an understanding of how to deal with any risks that may arise.

Other examples of an employer’s responsibilities, referred to in the Health and Safety at Work etc. Act 1974 include:

  • Providing a safe work environment
  • Issuing necessary equipment, e.g. gloves, masks, ear and eye protection
  • Relevant training, e.g. for specialist equipment

If you feel your employer hasn’t taken your health and safety seriously and you’ve been injured at work, get in touch with more information.

How employers could breach their duty of care

Employers who breach their duty of care can inflict serious harm and severe consequences on you. There isn’t one way an employer can breach their duty of care. However, some common examples include:

  • A slippery floor with no wet floor sign
  • Defective machines
  • Defective ladders
  • Exposure to loud noise
  • Eye strain from not having enough light in the room
  • Poor fire safety
  • Poor first aid procedure

An employer should fulfil these and many more responsibilities to ensure your safety. If they have acted negligently by failing to keep you safe in any other ways not listed above, you could make a claim.

Read below for information on how much compensation you could get if you sue for a broken forearm and negligence in the workplace.

Calculating Compensation For Broken And Fractured Forearm Injuries

If you’ve looked at how much compensation you could get with a personal injury calculator, you’ll have a rough idea of how much you could claim. However, each personal injury claim is unique, and compensation amounts can vary.

A personal injury solicitor will look at several things when working out the overall compensation package. The overall compensation package could include general and special damages.

General damages cover your physical and emotional suffering and how the injury has affected your quality of life. The compensation amounts for general damages vary between claimants.

Special damages, in comparison, cover your past and future financial losses, which can encompass a whole range of things.

Evidence is important for both. However, there are different types of evidence that prove more useful for each one. For example, evidence for general damages might include:

  • CCTV footage or pictures
  • Documenting the accident in a work accident book
  • Medical reports on the nature of the injury and treatment required
  • Witness statements

An independent medical assessment is also important in determining the severity of your injuries and that they were caused (or worsened) by the accident. 

For more information on the evidence you might need to sue for a broken forearm, call our team on the number above. Otherwise, continue reading for more information on special damages.

General Damages Vs Special Damages

Special damages cover any financial losses you’ve suffered from your injury. For example:

  • Loss of earnings
  • Medical bills, e.g. medication or private physiotherapy
  • Hobbies you can no longer enjoy
  • Travel costs
  • Care costs for anyone dependent on you

As with general damages, evidence is important and might include:

  • Receipts for travel, medicine, hobbies, care costs
  • Payslips to show your past and potential future loss of earnings

Many other examples of financial losses are covered under special damages and will be unique to you.  For more information on how compensation amounts break down, see the case study and table below.

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

Mr Craigson was on his way to lunch when he suffered a fall. He tried to catch himself but damaged his arm in the process. After the onsite first aider assessed his injury, he sought immediate medical help.

The doctor diagnosed Mr Craigson with a fractured forearm and advised him not to work for around 8 weeks.

After realising he couldn’t afford to keep up with his financial responsibilities, he decided to sue for a broken forearm.

How Mr Craigson broke their forearm in an accident at work

Mr Craigson, an engineer, suffered an accident at work after tripping over equipment that was left out. He broke the radius and ulna bones in his forearm after using his arm to break the fall.

The doctor had to reset the bones, and the amount of swelling meant he couldn’t fit a cast straight away. He advised Mr Craigson to stay off work for around 8 weeks while the injury healed.

As well as being unable to work, Mr Craigson couldn’t look after his mum or continue with the guitar lessons he had recently taken up. The act of negligence caused him a great deal of pain and frustration.

He sought advice from a personal injury solicitor who advised him to collect evidence to build a solid case. Mr Craigson managed to access CCTV footage, medical documents and gathered witness contact details for his case.

How much compensation was Mr Craigson awarded?

Unfortunately, Mr Craigson’s company paid him one month in sick pay but gave him only Statutory Sick Pay for the second month. He was struggling to pay bills and had the additional costs of paying for extra care for his mum.

After his employer eventually admitted liability, Mr Craigson was awarded £25,000 in total.

For a better idea of how the compensation amounts for Mr Craigson’s case break down, see the table below.

How does this payout break down?

Mr Craigson’s case is an example we have used to demonstrate how an accident like yours might happen and how it could be valued. The value of your claim for a similar injury might differ depending on your circumstances. 

How To Sue For A Broken Forearm With A No Win No Fee Solicitor

If your injury has already put you in an unstable financial situation, you might be concerned about legal fees. However, there is an option to afford a solicitor without having to pay their fee if your case loses. You can claim on a No Win No Fee basis, meaning you don’t have to pay any upfront solicitor fees.

If your solicitor doesn’t win the case, you don’t have to pay any solicitor fees. If your solicitor does win the case, you’ll only have to pay a legally capped success fee. The fee can vary depending on the solicitor. However, you and your solicitor will agree on it from the beginning.

Our advisors can connect you with a personal injury solicitor who can help you make your claim with a No Win No Fee agreement today. See below for more information on what our advisors can help you with.

How A Specialist Injury Claims Solicitor Could Help You

If you’ve suffered from an accident at work, we understand how you might be feeling. Frustrated? Overwhelmed? We are here to support you if you decide to sue for a broken forearm.

Our team of knowledgeable advisors can help you understand your next steps. Once they have more information, they’ll be able to give you a better estimation of your claim value.

As mentioned above, compensation amounts can vary depending on several factors, including:

  • How the accident happened
  • The impact of the accident on your quality of life

If you need some information or questions answering, our advisors are available 24/7 to offer you free legal advice on anything you need to know regarding personal injury claims.

Our team can also connect you to an experienced personal injury solicitor whenever you’re ready to make your claim. See below for how you connect with us and have your questions answered today.

Contact Our Team For Free Legal Advice

We’ve covered a lot of information in this guide and understand if you have more questions. However, the most important thing to remember is that our team of advisors can help:

  • Explain No Win No Fee agreements
  • Talk you through your rights as an employee
  • Value your claim
  • Answer any questions you might have. 

Contact us via:

  •     Telephone on 0800 408 7827
  •     Live chat at the bottom of the page
  •     Filling out the form at the top of the page

Resources

For more information on an employers responsibilities, visit the health and safety government website.

If you require any medical advice or information on broken bones, visit the NHS website or seek medical help from your doctor.

If you’re interested in workplace statistics and the accidents that took place between 2019-2020, take a look at the figures from RIDDOR and The Labour Force Survey.

For more information or if you have any questions on personal injury claims, get in touch with us.

Have you injured another bone, such as a broken ankle, in a workplace accident? See our guide on suing your employer for a broken ankle.

Please read our guide to suing your employer for more information on your rights and the legal protection you have.

FAQs About Workplace Accident Claims

Could I be dismissed for having an accident?

Your employer has a legal requirement to take health and safety in the workplace seriously. If your employer dismisses you for making a claim because you had an accident that wasn’t your fault and led to your injury, you could claim for unfair dismissal.

How long do I have to claim?

The time limits for making a claim vary. If you’re under 18 years of age, you have three years after the age of your 18th birthday. A litigation friend could claim on your half before then. If you’re over 18, you generally have 3 years.

How long do claims take?

The process of a personal injury claim can vary in time depending on various factors. For example, evidence such as medical documents, whether your employer admits liability and if the claim goes to court could affect the length of time the claim takes.

Could I be given an interim payment?

If your solicitor makes a successful application request, you could receive an interim payment for a broken forearm. This can be useful when you have upcoming bills you can’t afford to pay due to the accident, e.g. mortgage payments.

Thank you for reading our guide on how you can sue for a broken forearm.

Article by MIT

Edited by VIC