How To Sue Your Employer For A Broken Toe At Work- A Guide To Claiming Compensation

Workplace Injury Compensation Settlement For A Broken Toe

Welcome to our guide on how to sue for a broken toe. If you’re currently dealing with the aftermath of an accident at work that wasn’t your fault, you may be able to claim compensation. 

When you’re at work, your employer has a duty of care towards you. This means that they’re responsible for your health, safety and wellbeing. 

sue for a broken toe
Sue for a broken toe

In many cases, employers adhere to this duty of care, and employees are able to do their role without incident. However, sometimes an employer neglects the duty of care they owe to their workers. If this breach of duty results in injury, then you may be able to claim. 

If you have any questions after reading our guide, our advisors are available 24/7. They can provide you with free legal advice and answer any questions you might have. Then, they may be able to put you in touch with a personal injury solicitor. 

To start your claim today, call us on 0800 408 7827. Otherwise, continue reading for more information on suing your employer.  

About Broken Toe Injuries

  1. A Guide To Broken Toe Injury At Work Claims
  2. What Is A Broken Toe Injury At Work?
  3. Causes Of Broken Toe Injuries
  4. How Much Compensation Could I Get For A Broken Toe?
  5. Can I Get Compensation For Other Losses?
  6. Case Study – £9,000 Compensation For A Broken Toe Work Injury
  7. No Win No Fee Broken Toe Injury At Work Claims
  8. Getting Free Legal Advice From A Workplace Accident Claim Specialist
  9. Talk To Our Specialist Team
  10. Related Case Studies And Guides
  11. Workplace Injury Claim FAQs

A Guide To Broken Toe Injury At Work Claims

Accidents at work can cause injuries that take time to recover from. Not only can this impact you physically, but it can affect you mentally and financially. We’re here to help you if you’ve been in an accident at work through no fault of your own. 

Our guide will cover an example case study to show you the amount of compensation you could get. Additionally, we’ll cover:

  • No Win No Fee agreements
  • The circumstances that might lead to an accident at work 
  • Your rights and your employer’s responsibilities 
  • The different heads that a typical compensation claim might consist of 

If by the end of this guide, you still have questions related to making a claim for a broken toe injury at work, you can get in touch with our team. They’ll be happy to offer you help and guidance about making a claim. 

Workplace Injury Statistics

According to RIDDOR, there were 38.8 million days lost to work-related ill health and non-fatal workplace injuries in 2019/20. 6.3 million of those days were lost to non-fatal injuries.

Of these non-fatal injuries, there were 18,183 injuries sustained to lower limb locations. Of these, 835 resulted in injury to one or more toes. Although the statistics available don’t specify how many of these injuries were breaks or fractures, we can infer that these kinds of injuries account for some of the statistics published. 

Below, we’ve included a graph that shows the rate of different injuries to the lower limbs, including injuries to the toes.

sue for a broken toe statistics graph
Sue for a broken toe statistics graph

If you’ve experienced an injury to your toe in an accident at work that wasn’t your fault, then you may be able to claim. Read on to find out more about this kind of injury and see how you could claim.

Differing figures of workplace injuries

Figures are collected by RIDDOR and The Labour Force Survey (LFS) when recording non-fatal injuries in the workplace. In 2019, LFS recorded 693,000 workers sustaining non-fatal injuries. In comparison to the 65,427 recorded by RIDDOR. 
 
Not all types of accidents need to be reported to RIDDOR. For that reason, the figures provided by RIDDOR may not give a full and accurate picture of the number of workplace accidents that occur each year. 

If you’ve experienced an injury to your toe in an accident at work, you can sue for a broken toe. See below for what symptoms to look out for to help with your case. 

What Is A Broken Toe Injury At Work?

If you’ve suffered from a fractured toe, you might have experienced the following symptoms: 

  • Bruising
  • Pain
  • Swelling
  • Difficulty walking 

There is a chance you’ve bruised rather than broken your toe. However, treatment is usually the same for both. This means that a toe that is suspected to be fractured will usually not be X-rayed unless it’s your big toe. The results of an X-ray won’t affect the treatment you receive.

You should seek medical attention if the injury to your toe has caused a cut or wound. You should also see a doctor if the pain in your toe is so severe that you’re finding it difficult to think, speak or walk, or if the bone is poking out of your skin or at an odd angle.

Varying severities of a broken toe

Many toe fractures heal without complications. Usually, the toe will be healed within 4 to 6 weeks, although this can vary. You may notice a lump or bump at the site of the injury, which can be present for up to a year following the accident. 

If the injury has affected one of the joints in your toe, then you may notice some residual stiffness or a reduction in your range of motion. In some cases, a fracture to your toe may cause it to shorten as it heals.

Your employer’s duty of care

An employer is required by law to take all reasonably practicable steps to ensure your health and safety while in the workplace. This duty of care is laid out in the Health and Safety at Work Act etc. 1974. They can do this by:

  • Providing thorough and appropriate training to all employees
  • Ensuring all equipment required for the role is safe and well-maintained
  • Carrying out risk assessments so that risks to safety can be identified and removed 
  • Providing proper PPE for the role

An employer who fails to put these things in place will risk putting employees at harm. If this is the case for you and you’ve suffered an injury to your foot as a result of employer negligence, you could sue for a broken toe.

How this duty of care may be breached

There are many ways an employer can breach their duty of care. Some examples might include:

  • Failing to provide proper training for lifting and handling duties, resulting in a heavy load being dropped on the foot and breaking the toe
  • Giving construction staff work boots without steel-toe protection resulting in an employee fracturing their toe
  • Ignoring the results of a risk assessment, which flagged that a shelving unit full of heavy items posed a risk of falling from the shelf and injuring someone’s foot 

Remember, it’s not only the employer that has a responsibility for your safety. As an employee, you also have a duty of care to look after your own health and safety and that of your co-workers. For example, it’s your responsibility to take on board and use the training that was provided to you in order to do your role safely.

If you’ve been injured in an accident caused by your employer neglecting the duty of care towards you, you may be able to claim compensation. Get in touch with our team today to start your claim, or read on for more information.

Causes Of Broken Toe Injuries

Accidents in the workplace cause many injuries every year. As with the sites of injuries caused by these accidents, the accident types can vary. However, some accident kinds recorded by RIDDOR include: 

  • Slips, trips or falls on the same level
  • Falls from a height
  • Handling lifting or carrying
  • Hit by a falling or moving object 

Any of the accident kinds listed above could result in a broken toe as the result of a breach of duty of care. For instance, an employer may ignore a risk assessment that identifies that a broken floorboard poses a risk of tripping or falling and neglect to take any action. If an employer were to trip on the broken floorboard, the impact of their toe on the loose board could cause it to be broken. In this case, the injured employee would be eligible to make a claim. 

Furthermore, an employee’s toe may be injured after being hit by a falling object. The risk of this could be increased if the employer failed to secure heavy items that were stacked on a high shelf, resulting in them falling. 

If you’re wondering how much compensation you could be owed for a broken toe, read on. We will take a closer look at what compensation claims typically consist of in the next section.

How Much Compensation Could I Get For A Broken Toe?

If you’ve been injured at work from an accident that wasn’t your fault, you could sue for a broken toe. The total compensation you could receive will usually be made up of general and special damages. 

 You might have tried to value your claim using a personal injury calculator. However, they sometimes fail to collect all the information required to give an accurate valuation. . When a solicitor values your claim, you can get a more accurate estimate as they consider various factors.  

General damages is the first head of a typical claim for compensation. This will cover your physical pain and the impact the injury has had on your quality of life. For that reason, a solicitor might look at the expected recovery period for your injuries. They may also take into consideration whether your injuries have affected your mental health in addition to your physical health. 

Evidence is important to building up a viable case. Without it, you might have difficulty proving liability for the accident. Things like CCTV, accident book reports and witness statements could corroborate your version of events.

How will my solicitor value my claim?

As well as proving that you weren’t at fault for the accident, your solicitor will need to determine the extent of your injuries in order to value your claim. They’ll do this by arranging for a medical assessment to be performed by an independent expert. This expert will then compile their findings in a medical report. 

Your solicitor will refer to this report, and a publication called the Judicial College Guidelines (JCG) in order to value your compensation. The JCG contains guideline compensation brackets for various injuries of different severities.  

For more information on compensation, give our team a call on the number above. Otherwise, read on to find out what else could be included in a claim for compensation.

Can I Get Compensation For Other Losses?

In comparison to general damages, special damages cover the financial losses and expenses that are directly caused by your injuries. Some examples of the financial losses you could claim include:

  • Loss of earnings
  • Travel costs (e.g. the cost of public transport if you’re left unable to drive, or parking and fuel costs for hospital appointments) 
  • Medication 
  • Treatment not available on the NHS 
  • Home adjustments

As with general damages, evidence is really important in claiming special damages. Without evidence, it can be impossible to prove you’ve incurred these costs. Evidence might include receipts, payslips and invoices. 

See below for more information on the compensation you can receive when you sue for a broken toe. Or, if you’d like to start a claim with us today, get in touch with a member of our team.

Case Study – £9,000 Compensation For A Broken Toe Work Injury

Mr Edwardson, a construction worker, was working on-site one day when he suffered an injury to his toe. He was assessed by an onsite first aider, who advised him to go to a hospital straight away. 

The doctor advised that he had broken his toe and would require surgery. Due to the nature of his job, he would require some time off to allow the injury to heal. 

After seeking free legal advice about the injury he had sustained, he decided to sue for a broken toe.  

How did Mr Edwardson break his foot at work?

Mr Edwardson worked on a construction site. The nature of his job involved heavy lifting as well as manual labour. However, his employer consistently failed to provide him and other workers with proper equipment. They were provided with helmets but not with gloves, goggles, protective footwear or ear protection. 

Mr Edwardson and his colleagues had brought this up to the supervisor a number of times. Many of them had worked in construction for years and had first-hand experience with the repercussions of not having the proper PPE for the job at hand. The site supervisor advised all the members of staff that they could pay for steel-toed shoes themselves if they wanted but that they wouldn’t be provided. 

None of the workers, including Mr Edwardson, had the spare money to spend on expensive work shoes. As a result, when a heavy box fell on his foot, Mr Edwardson suffered a toe fracture. 

He knew right away that the damage done to his toe was extensive, as he was in excruciating pain. His big toe was bent at an unnatural angle, and the bone was sticking out of his skin. He found it difficult to walk with the pain, and so, after filling out the workplace accident book, a colleague drove him to the local A&E department. 

He suffered prolonged stiffness, and after physio, he still suffered some pain when supporting his weight with the front of his foot. After a while, feeling like he had been treated unfairly by his employer, he got in touch with a solicitor.

How much compensation was he awarded for an accident at work?

When Mr Edwardson had initially been injured, he was advised that physiotherapy could help him retain the range of motion in his toe. He was offered several sessions on the NHS and noticed some improvement. As a result, he paid out of pocket for additional sessions. 

Because the injury meant it was painful for Mr Edwardson to provide pressure using his foot, he had to rely on public transport to get out and about as his injury healed. He also had to pay upfront for the painkillers and anti-inflammatories he needed while recovering from surgery. 

Mr Edwardson had previously had a keen interest in sports and physical fitness. He was a member of the local running club and lost out on his deposit for the subsequent few months as he was unable to run. He was also unable to take part in the jujitsu sessions he had booked in his local gym. 

The solicitor talked him through everything he needed to know, including the evidence required to build a solid case. In addition, the solicitor helped him navigate through the complex legal system.

Eventually, Mr Edwardson was awarded £9,000 in a combination of general and special damages

How does this settlement break down?

General Damages How much?Special DamagesHow much?
The average compensation amount for a moderate toe injury is up to £9,010£6,000Loss of earnings£1,200
Medication£100
Travel costs£400
Physiotherapy£800
Jujitsu lessons£200
Running club£300
Total special and general damages:£13,000

The example of Mr Edwardson is used purely to demonstrate how much compensation you could claim. Actual total compensation figures could vary depending on other factors unique to your case.  

No Win No Fee Broken Toe Injury At Work Claims

Many of us have heard the term “No Win No Fee” used in relation to personal injury claims before. But what does this phrase actually mean about the legal representation you receive? 

A No Win No Fee agreement is an agreement between you and your solicitor that there are certain conditions that they have to meet before you pay them. Under a No Win No Fee agreement, you won’t be asked to pay your solicitor before your claim starts, while it’s ongoing or in the event that it’s unsuccessful. 

If they do win your case, you’ll be asked to cover their costs. This will usually be in the form of a success fee deducted from your compensation award. However, the success fee is legally capped, and you and your solicitor agree on it from the start, so you’ll never be left surprised by the fee you pay them. 

For more information on how you can connect with a personal injury solicitor to help you when you sue for a broken toe, see below

Getting Free Legal Advice From A Workplace Accident Claim Specialist

We understand that claiming compensation for a workplace injury can be daunting. Without a clear understanding of the claims process, it can be difficult to know where to start. However, we are here to help. Our team of advisors who are knowledgeable in personal injury law can provide you with free legal advice and help you start the claims process today. 

Our advisors can answer any questions you might have on:

  • No Win No Fee agreements
  • Your rights after an accident in the workplace
  • The duty of care your employer owes you

They can also advise whether you have a valid case by looking at the specifics of your claim. If they feel your claim has a good chance of success, they may be able to connect you with a No Win No Fee solicitor to take on your case. 

Additionally, they can value your claim and give you an idea of how much compensation you could claim. Once they have more information about your specific case, they may be able to give you a more accurate estimation than an online personal injury calculator. 

For more information, see below for how you can get in touch with us.

Talk To Our Specialist Team

We understand we’ve covered a lot of topics in our guide and that you might have questions about the process of claiming. Luckily, the advisors on our team are ready to take your enquiries. 

Most importantly, they could connect you with a personal injury solicitor when you’re ready to start your claim. Contact us on:

    •     Telephone number –0800 408 7827
    •     Live chat at the bottom of the page
    •     Sending us an enquiry using this form

Related Case Studies And Guides

The Personal Protective Equipment at Work Regulations 1992 outline the responsibilities that your employer has towards your safety with regards to PPE.

For more information on the responsibilities you and your employer have in the workplace, see this guide.

Visit the NHS website for any medical advice on toe injuries.

See our guide on medical negligence claims if your accident resulted from a doctor not taking your injury seriously.

Was your accident a result of the local council? See our guide on how to sue your local council for your next steps.

If you injured your foot at work, see our guide on suing your employer for a broken foot.

Workplace Injury Claim FAQs

Are you entitled to full pay if injured at work?

By law, you’re entitled to statutory sick pay. However, it’s at the company’s discretion if you get full pay. If you only get statutory sick pay, you can claim the difference between that and what you normally get paid. 

What should be the first thing to do if someone is injured at work?

If someone has an accident at work, you should make a note of it in the accident book, get a first aid assessment from a trained first aider and get professional medical attention if necessary.

How long do I have to make a claim after an accident at work?

The time limit can vary for making a personal injury claim. However, generally, you have 3 years from the date of the workplace accident. For more information on the exceptions to this time limit, get in touch with our team today. 

Thank you for taking the time to read our guide on how to sue for a broken toe.

Article by Mit

Edited by Sto