Our guide discusses when you can make a fractured ankle at work compensation claim. To begin with, we explain how a personal injury claim is eligible if a breach of your employer’s duty of care leads to an accident that causes you harm.
Furthermore, we explain the legal time limit for a claim and what could affect it, before giving some examples of evidence that could help a claim succeed.
As the guide progresses, we go over the types of damages a payout can feature. Finally, you can see how a No Win No Fee solicitor from our panel could offer you their services.
Our advisors can give you useful information and a free case assessment today. For more, you can either:
- Call 0161 696 9685.
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Select A Section
- Can I Make A Fractured Ankle At Work Compensation Claim?
- How Long Do You Have To Make A Fractured Ankle At Work Compensation Claim?
- What Evidence Could Support An Accident At Work Claim?
- Examples Of Settlements For A Fractured Ankle At Work
- Could I Make A Fractured Ankle At Work Compensation Claim With A No Win No Fee Solicitor?
- Further Guidance On Accident At Work Claims
It is worth being aware of Section 2 of the Health and Safety at Work etc. Act 1974, which explains that employers have a duty to take all reasonably practicable steps that prevent employees from being injured at work.
Reasonable and practicable steps might include completing risk assessments, providing relevant training, or equipping employees with personal protective equipment (PPE) where necessary.
If an employer breaches this duty of care, it could lead to an accident. A workplace accident claim could then be possible if that leads to you suffering harm.
The eligibility criteria for a personal injury claim after an accident at work are:
- Your employer owed you a duty of care at the time and location of the incident.
- They breached their duty of care.
- This breach led to an accident that caused physical and/or psychological harm.
For answers to your accident at work claim questions and a free evaluation of your potential claim, please give us a call.
Because of The Limitation Act 1980, a personal injury claim must be submitted within a certain time frame. Generally, this limit is three years from the accident date.
However, some exceptions exist to allow for occasions when the injured person may be unable to claim. For example, an under-18 cannot start legal action, so their time limit is paused. Once they turn 18, they have until their 21st birthday to start. With that being said, a court-appointed litigation friend can step in during the pause period to begin a claim on their behalf.
A litigation friend could also help someone who is mentally incapable of claiming, as their time limit is paused indefinitely. If the injured person recovers and no claim has been made for them, they then have three years from their recovery date to get started.
If you want to learn more about time limits, just give us a call. Our advisors offer clear, useful guidance with no obligation to start a claim.
Your fractured ankle at work compensation claim will require evidence of both the employer’s breached duty of care and the effects of the injury you suffered. When you are able, gather as much of the following as you can:
- A copy of the entry into your workplace’s accident report book.
- Witness contact details.
- Medical records. This could include the outcome of a scan or X-ray of your affected ankle.
- Photographs of the scene.
- CCTV footage of the accident and its cause.
If you have a valid ankle injury claim that a solicitor from our panel takes on, you could instruct them to help you piece together evidence for your claim. You can learn more about what a No Win No Fee solicitor can do for you by calling today and speaking to one of our dedicated advisors.
A successful fractured ankle at work compensation claimwould lead to you receiving compensation for the effects it has had on you. A broken ankle compensation payout can be split into up to two heads. One of these is general damages, covering physical pain and mental harm.
General damages will be calculated during a claim so your compensation can be figured out. The people responsible for this might use the Judicial College Guidelines, a document featuring guideline compensation brackets for ankle breaks and other injuries.
This table shows guideline brackets from the JCG. Please remember that this should only be used as a guide.
|Multiple serious injuries plus financial costs and losses.||Severe||Up to £100,000+||Different injuries of serious natures plus financial losses i.e. loss of earnings.|
|Ankle||Very Severe||£50,060 to £69,700||A limited, unusual set of injuries. For example, a transmalleolar ankle fracture with extensive soft tissue damage. There is deformity and risk of a future leg injury necessitating below-knee amputation.|
|Severe||£31,310 to £50,060||Injuries make an extensive treatment period and/or a lengthy period in plaster necessary, or pins and plates are inserted. There is ankle instability and a severely limited ability to walk.|
|Moderate||£13,740 to £26,590||Fractures, ligamentous tears and the like which give rise to less serious disabilities such as difficulty in walking on uneven ground.|
|Modest||Up to £13,740||Minor, less serious or undisplaced fractures, sprains and ligament injuries. The level of award depends on whether a complete recovery is made or not. If not, there is consideration for the ankle's tendency to give way.|
|Achilles||Most Serious||In the region of £38,430||Severance of the tendon and peroneus longus. This gives rise to restricted ankle movement, cramp, and swelling.|
|Serious||£24,990 to £30,090||There is residual weakness despite a complete tendon division being successfully repaired.|
Get More Compensation Through Special Damages
Special damages form the potential second head of a claim. An accident at work claim may well include special damages because they account for financial loss caused by injuries. For example, you might seek compensation for the likes of:
- A loss of earnings if you are unable to work after an injury.
- Medical bills, i.e. Prescription charges.
- Travel fees.
- Mobility aid costs.
Keep any payslip, receipt or invoice that shows your expenses. They will be useful as evidence if you seek special damages in a personal injury claim.
Our advisors can explain accident at work compensation and, if you share the details of your experience, they can help you discover what you can claim for. They are available 24/7, so please call at a time that suits you.
As well as giving sound advice, our advisors could help you on the path to having expert support in making a fractured ankle at work compensation claim. If you have a valid case with a good chance of success, you could be connected to a solicitor from our panel and offered a Conditional Fee Agreement (CFA.)
In summary, a CFA is a type of No Win No Fee arrangement that means you do not pay the solicitor for their work in advance, during the claim or at the end of a losing case.
Winning the claim allows the solicitor to deduct a small percentage of the compensation you are awarded. This percentage is capped legally due to the Conditional Fee Agreements Order 2013.
Speak To Us About Your Claim
If you still have questions about the personal injury claim process, you can find the answers by calling our advisors today. While there is no pressure to start a claim, you could be connected to a solicitor from our panel if an advisor’s assessment finds that you have good grounds to seek compensation.
- Calling 0161 696 9685.
- Going online to contact us or request a call.
- Using the live chat feature on this page.
Read more of our workplace accident claim guides here:
- An explanation of amputation compensation claims and how a solicitor can help.
- An illustrative case study shows what may be claimed for a fractured calcaneus at work.
- This guide looks at slip, trip or fall workplace accident claims.
These external resources have further information:
- The NHS explains what to do if you have a broken ankle and gives recovery advice.
- Some more NHS guidance focused on how to request your medical records from your healthcare provider.
- Government information on claiming Statutory Sick Pay if you miss work.
Thanks for reading our guide on making a fractured ankle at work compensation claim. If you have questions, please give us a call.