Foot Injury At Work – When Can You Claim Compensation?
Welcome to our guide on how to begin a claim following a foot injury at work. You will find information on the eligibility criteria to start legal proceedings following an injury at work, including an overview of the duty of care your employer owes you in the workplace.
We have included some illustrative scenarios of how accidents at work can occur and the harm that could be caused by these incidents. Furthermore, we discuss how compensation payouts are valued and what they could include following a successful foot injury claim.
You can speak to our dedicated team of advisors to ask any questions about the contents of this guide, as well as to get a no-obligation assessment of your particular circumstances free of charge. To reach our team:
Jump To A Section
- When Are You Eligible To Claim For A Foot Injury At Work?
- How Could A Foot Injury At Work Be Caused By Employer Negligence?
- Foot Injury Compensation Payouts – What Could You Receive?
- Evidence To Support A Foot Injury Claim
- Claim Foot Injury Compensation Using A No Win No Fee Solicitor
- Learn More About Making Foot Injury At Work Claims
A duty of care is placed on all employers by the Health and Safety at Work etc. Act 1974. This means employers have a legal responsibility to ensure all reasonably practical steps are taken to keep their workforce safe. What constitutes reasonably practical steps will vary from workplace to workplace, but it can include things such as:
- Providing relevant and necessary protective clothing such as protective footwear.
- Ensuring workers receive the training and supervision necessary to conduct their work activities safely.
- Taking steps to keep the working environment free from trip hazards such as trailing wires, general clutter and slip hazards such as wet floors.
- Conducting regular inspections on all work equipment and premises and completing necessary maintenance works promptly.
Failures to take these steps can result in workers being injured. To start a personal injury claim for a foot injury at work, these criteria need to be satisfied:
- You were owed a duty of care by your employer when the accident occurred.
- This duty was breached, resulting in an accident.
- This accident caused you to become injured.
The time limit to begin legal proceedings for a personal injury claim following an accident at work is typically 3 years from the accident date, as per the Limitation Act 1980.
In certain circumstances, exceptions to the standard 3-year limit can be made, and an extension may be granted. To learn more about whether your particular circumstances are eligible for an extension, talk to our team of advisors today. They can advise how long after an accident at work you have to claim for injuries.
A number of circumstances could arise from an employer breaching their duty of care that result in a foot injury at work. We have detailed a few examples here:
- You work on a construction site where there is a risk of falling objects or sharp objects being left on the ground. You have not been provided with adequate protective footwear. As a result, you could suffer from a puncture wound to the foot after stepping on a nail or a crush injury after a heavy item falls over trapping your foot.
- You trip on a trailing wire at the top of a stairwell and break multiple toes in the resulting fall.
- You have not received any manual handling training. This results in you attempting to lift a box that is well above the recommended weight for your height. You drop the heavy object onto your foot, causing a serious crush injury.
This list is non-exhaustive and intended to give you an idea of how accidents at work that cause foot injuries could occur. Speak to our advisors to enquire more about the circumstances of your accident and whether you could be eligible to make a personal injury claim.
A successful personal injury claim for a foot injury at work will be awarded a compensation settlement. There are two heads of claim that can comprise this. The first of these is general damages, which awards for the physical and psychological impacts of the injuries you sustained.
To establish a potential value for your injuries, your solicitor can use your medical evidence alongside the figures from the Judicial College Guidelines (JCG). This document published by the Judicial College lists various different injuries along with guideline compensation amounts for each. We have taken a selection of guideline brackets from the JCG to compile our compensation table.
Personal injury claims are valued on the individual facts of each case, and therefore, this table has been provided to offer guidance only.
|Foot Injuries||Amputation of Both Feet (a)||£169,400 to £201,490||Injury treated similar to below-knee amputation of both legs due to loss of a useful ankle joint.|
|Amputation of One Foot (b)||£83,960 to £109,650||Treated as similar to a below-knee amputation due to the loss of the ankle joint.|
|Very Severe (c)||£83,960 to £109,650||Injuries resulting in permanent and severe pain or really serious permanent disability, such as traumatic amputation of forefoot with a significant risk of needing a complete amputation and seriously exacerbating an existing back injury.|
|Severe (d)||£41,970 to £70,030||Fractures to both heels or feet resulting in a substantial mobility restriction or considerable permanent pain.|
|Serious (e)||£24,990 to £39,200||Injuries less serious than in the bracket above but leading to continuing pain from traumatic arthritis or the risk of future arthritis, prolonged treatment and risk of fusion surgery.|
|Moderate (f)||£13,740 to £24,990||This bracket includes injuries such as displaced metatarsal fractures leading to permanent deformities and ongoing symptoms.|
|Modest (g)||Up to £13,740||Simple metatarsal fractures, puncture wounds and other similar injuries are covered in this bracket.|
|Toe Injuries||Amputation of All Toes (a)||£36,520 to £56,080||Award will be determined by whether or not the amputation was surgical or traumatic, the extent of forefoot loss and effect on mobility.|
|Amputation of Great Toe (b)||In the region of £31,310||The loss of the great toe on either foot.|
|Severe (c)||£13,740 to £21,070||Amputation of one or two toes (excluding great toe) as a result of a severe crush injury.|
The other of the two heads of claim is known as special damages, and awards for any incurred monetary losses. Some possible costs that could be reimbursed under special damages include:
- A loss of income due to the time taken off work to recover from your injuries.
- Assistance in the home, such as with cleaning or food preparation or assistance with outside space, if you are unable to safely carry out these activities yourself.
- Transport costs to and from work if you cannot drive.
- Any medical expenses, such as prescriptions or physiotherapy, that have to be paid out of pocket.
Remember, to be reimbursed for costs under special damages, you will need to submit supporting evidence. Retain copies of travel tickets, your payslips, receipts and invoices as proof of incurred expenses.
To get a more specific estimate of the potential value of your particular claim, contact our advisors today.
A key part of how to claim for an injury at work is the provision of supporting evidence. Evidence can be used to demonstrate not only how the accident occurred, but the extent and impact of your injuries. Some possible examples include:
- Seeking proper medical attention after an accident is always recommended, even if your injuries seem minor. This is important for your health and well-being, but you can also acquire copies of any scans or results of tests that were done to highlight the injuries you sustained.
- You have the right to request CCTV footage you appear in if it is available. This can be useful in showing how the accident happened.
- Collect the contact information of any potential witnesses so their statements can be taken later in the claims process.
- You can request a copy of your incident report from the workplace accident book.
To get assistance with collecting evidence to support your claim, contact our advisors today. After a free assessment of your particular circumstances, our advisors could connect you with one of our solicitors. A solicitor could not only support you with compiling a thorough body of evidence but also ensure your claim is presented within the relevant time limit.
Talk to our advisors today to get a cost-free assessment of your specific circumstances. Upon deciding you have a valid claim, you could be connected with one of our dedicated personal injury solicitors. Our solicitors can offer to take your claim on a No Win No Fee basis under a Conditional Fee Agreement (CFA).
By making your claim with one of our solicitors under a CFA, you will enjoy a number of key advantages. In most cases, you will not have to pay upfront for the solicitor to start work on your case. There will likewise be no fees as the claim progresses for the services of the solicitor. Unsuccessful claims will also not be met with any fees for the work the solicitor has done on your claim.
You will receive personal injury compensation in the event your claim succeeds. The solicitor will deduct a percentage of this compensation as their success fee. The maximum percentage that can be charged by solicitors as a success fee is capped by law, therefore, most of the awarded compensation will go to you.
So, if you have suffered a foot injury at work and would like to enquire more about potentially starting a claim with us, contact our team of dedicated advisors today. They can provide further guidance, and assess your circumstances for free. To speak to an advisor:
For more of our guides:
- Learn what to do after an accident at work including the steps you could take to seek compensation.
- Find out whether you could make a claim following a fall at work caused by your employer’s breach of duty.
- A helpful guide looking at when you could make a claim for a back injury at work and the compensation you could receive.
Here are some additional resources:
- The NHS has provided guidance on foot pain which may be helpful if you injure your foot at work.
- See the Health and Safety Executive’s guidance on reportable incidents in the workplace.
- Read the government guide on the eligibility requirements for Statutory Sick Pay.
We appreciate you taking the time to read our guide on making a claim following a foot injury at work. To get further guidance on the personal injury claims process, speak to one of our advisors. You can contact our team using any of the contact details provided above.