While you’re at work, your employer has a duty of care to try and keep you safe. This means that they need to take steps to reduce any risks. Failure to do so could mean you’re entitled to claim compensation if you’re injured in a workplace accident due to employer negligence. In this guide, we’re specifically going to look at claiming for a fractured humerus at work. We’ll provide information on what to do if you broke your arm at work and when your employer could be liable. Also, we’ll provide a personal injury claims calculator to help you work out what your injuries could be worth.
Legal Helpline could assist you with your claim by offering a no obligation assessment of your claim and free advice on your options. Should your claim be strong enough, we could introduce you to one of our panel of no win no fee solicitors. To begin your claim today, please call us on 0161 696 9685.
If you’d prefer to find out more about broken arm at work compensation, please carry on reading our guide.
Jump To A Section
- Upper Arm Fractures Caused By An Accident At Work
- Anatomy Of The Upper Arm And Humerus Bone
- Common Workplace Accidents And Injuries
- 5 Ways You Could Suffer A Broken Humerus Or Upper Arm
- Case Study: £25,000 Fractured Humerus At Work Compensation Settlement
- Fractured Humerus And Broken Arm Compensation Calculator
- No Win No Fee Claims For A Broken Or Fractured Humerus
- How To Make A Successful Workplace Accident Claim
- Start Your Claim With Legal Helpline
- Related Claims Guides
Upper Arm Fractures Caused By An Accident At Work
If you’re involved in an accident at work which involves a fall or a collision, then it’s quite conceivable that you could fracture your humerus. If the accident can be shown to have been caused by employer negligence, then you could be eligible to claim compensation for your injuries. Examples of negligence that could lead to a claim include:
- Inadequate training of the task which led to the accident.
- An unsafe working environment i.e. uneven flooring, trailed cables, slippery surfaces etc.
- Faulty or unmaintained machinery.
- A lack of safety or protective equipment.
If you are involved in an accident, the main symptoms that could point to a fractured humerus include:
- Pain in the upper arm area.
- Bruising and swelling.
- A grinding feeling when moving the shoulder.
- Difficulty moving the shoulder.
- Deformity of the shoulder area.
Following a scan, there a few forms of fractured humerus treatment possible depending on the type of fracture. These include:
- Proximal humeral fracture: If a proximal fracture is diagnosed, you could be given a sling and not require surgery if the bones are still aligned. If they are displaced, then surgery will be required.
- Fractured humerus head: A splint or cast may be used to from the shoulder to the forearm may be used to keep the elbow at 90 degrees. This is possible if the bones aren’t misplaced. If they are, surgery will be required.
If surgery is required, it will usually involve plates, bolts and pins to realign the fractured bones of the humerus. The type of surgery will depend on whether you have a fractured humerus at the elbow or a fracture humerus at the shoulder. If it’s at the shoulder, there could be nerve damage to consider too.
Anatomy Of The Upper Arm And Humerus Bone
Your humerus is the long bone found in the upper arm. It starts at the shoulder and ends at the elbow. The humerus is the longest bone in the upper body. It is connected to 13 muscles and its purpose is to help with the movement of the elbow and hand.
Common Workplace Accidents And Injuries
Before we look specifically at the types of workplace accident that could lead to a fractured humerus, we’re going to look at the most common workplace accidents according to statistics from the Health and Safety Executive (HSE).
In the period 2018/19 the most common non-fatal workplace accidents were:
- Slips, trips and falls (on the same level) – 29%.
- Manual handling, carrying and lifting – 20%.
- Being struck by a moving object – 10%.
- Falling from height – 8%.
- Violent acts towards staff – 8%.
5 Ways You Could Suffer A Broken Humerus Or Upper Arm
Now we’re going to look at some scenarios which could lead to a fractured humerus as well as other injuries.
- Slips, trips and falls. If you slip at work due to employer negligence you could claim for any injuries such as a fractured humerus. Examples of negligence which could cause you to fall include a broken handrail, cables trailed across the work area or a slippery floor with no warning signs.
- Falling from height. A fall from height could lead to many different serious injuries. You could be eligible to claim if you hadn’t been trained properly, the ladder or scaffolding was unsuitable, or safety harnesses weren’t available.
- Vehicle accidents. If you fracture your humerus because of a collision involving a vehicle, you could be eligible to claim. An example might be a forklift operator driving too fast around a corner and colliding with you.
- Blunt force trauma. Another way in which you could suffer an upper arm injury is through blunt force trauma. This could happen where a machine fault occurs. If the fault was already known about but the machine hadn’t been repaired or it wasn’t maintained according to the manufacturer’s guidelines, you might be able to claim.
- Shoulder dislocation. It’s also possible for a shoulder to dislocate, or pop out of its socket, following a heavy fall. Even if you haven’t fractured any bones, you could still be able to claim for this type of injury if it’s caused by a negligent act.
Case Study: £25,000 Fractured Humerus At Work Compensation Settlement
Now we’re going to show how an accident at work could lead to compensation for a fractured humerus by showing you a fictitious case study. We’ll call the claimant and victim in this case, Mrs Rogers.
When Mrs Rogers was working as an office manager, she was on her way to an appointment with colleagues in HR. As she was walking along a corridor, she slipped and landed heavily.
Upon investigation she noticed that a radiator pipe was leaking across the corridor. It was noted that the pipe had been fixed previously because PTFE tape was wrapped around the leaking pipe.
Mrs Rogers was taken to hospital by ambulance and was assessed in A&E. It was discovered that she’d suffered concussion, a fractured humerus and bruising to the shoulder, upper and lower arm.
Initially her employer denied liability for the accident. Her solicitor used photographs showing the PTFE tape to show that a repair had been attempted but unsuccessfully, hence the leak. At this point the employer accepted the blame for the accident.
Once Mrs Rogers had recovered from her injuries, a settlement was reached. In total she received £25,000 compensation. This included general damages for the fracture, her concussion and the bruising as well as ongoing pain in her shoulder which could last for a few more years to come. The payment also included compensation for financial losses incurred by Mrs Rogers. These were for lost income due to time off to recover as well as additional travel costs because she was unable to drive for around 4 weeks following the accident.
Fractured Humerus And Broken Arm Compensation Calculator
You’re probably wondering how much compensation you’ll receive for a fractured humerus. That’s why we’ve provided the fractured humerus compensation calculator table below. It shows some examples of compensation payments that could be made for different arm and shoulder injuries.
|Type of Injury||Severity||Typical Compensation Range||Details|
|Shoulder||Serious||£11,980 to £18,020||This bracket includes injuries such as broken humerus causing restricted shoulder movement.|
|Arms||Severe||£90,250 to £122,860||Injuries where the arm isn't amputated but the resulting disability has the same effect.|
|Arms||Severe||£36,770 to £56,180||Serious fractures to one or both forearms which causes significant and permanent disability.|
|Arms||Less Severe||£18,020 to £36,770||Injuries that were serious but where full recovery occurs fall into this category.|
|Arms||Simple||£6,190 to £18,020||This range covers simple fractures of the forearm.|
It’s worth bearing in mind that fractured humerus compensation amounts are made up of two parts: general damages and special damages. The table above shows the general damages element. Special damages can be added and they include lost earnings, medical costs and care costs amongst other things.
No Win No Fee Claims For A Broken Or Fractured Humerus
People often worry about the cost of making personal injury claims. That’s why our panel of solicitors work on a no win no fee basis.
Here’s how no win no fee services work. First of all, the solicitor will assess your claim. If they believe there’s a chance of winning the case, they’ll provide you with a conditional fee agreement (CFA). This acts as your contract.
The CFA is important because it states that you don’t pay any solicitor’s fees unless you are compensated. If that happens, then the CFA details what ‘success fee’ you’ll pay. This is a fixed percentage of your compensation used to cover the solicitor’s fees. When a case is won, the solicitor deducts their success fee and sends the rest straight to you.
We believe that no win no fee services allow more people to make a claim for fractured humerus compensation. That’s because when the financial risk is reduced, so is the stress involved with claiming.
How To Make A Successful Workplace Accident Claim
To make claiming compensation for a fractured humerus at work easier, you could start by gathering evidence to support your claim. Here’s what you should try to obtain:
- Photographs of the scene of the accident including the root cause.
- Details of any witnesses.
- A copy of an accident report.
- Copies of medical records.
- Photographs of any visible injuries.
When you have as much evidence as possible, you could discuss your personal injury claim with one of our advisors. If they believe your claim is strong enough, you could be connected with one of our panel of personal injury lawyers. If they take on your claim, they’ll act as efficiently as possible to try and resolve it and try to ensure you receive a fair settlement for your injuries. They’ll also keep you up to date throughout the claim, so you know where things stand.
When claiming, you should also consider the personal injury claims time limit. In normal circumstances, this is 3-years from the date of your accident. The sooner you begin your claim though, the better. Starting as early as possible will give your solicitor plenty of time to collate the different elements of a claim.
Start Your Claim With Legal Helpline
We hope that you’ve found this guide about fractured humerus compensation payouts informative. Also, we hope you’re now ready to begin your claim using Legal Helpline. If so, here’s how to get in touch with us:
- Give us a call on 0161 696 9685 and speak with a specialist advisor.
- Connect with our advisors using our live chat facility.
- Or begin your claim online by completing this online claims form.
Our advisors offer free advice and a free assessment of your claim too. You’re under no obligation to proceed and we won’t put any pressure on you. Therefore, you’ve nothing to lose by calling our specialists to discuss your claim today.
Related Claims Guides
Thanks for reading our guide about making a fractured humerus accident at work claim. Here are some more guides which could be useful:
Accident At Work Claims – This guide explains when a personal injury solicitor could be used to sue your employer for a workplace injury.
Arm Injury Claims – A guide that looks at how much compensation could be paid for a broken arm at work claim.
Slip, Trip And Fall Claims – This guide explains when you could claim for a fractured humerus bone, and other injuries, following a trip and fall.
Trusted External Resources
Finally, here are some guides from other sources which you might find helpful:
Accident At Work Expenses – This guide from the government provides advice about expenses and benefits that can be paid because of an accident at work.
Fractured Humerus Advice – A practical guide to caring for a broken humerus from the NHS.
The Health And Safety At Work Act 1974 – This is legislation that could be used if you’re claiming compensation for a broken arm at work.