By Danielle Graves. Last Updated 20th January 2023. This page relates to the legal implications of making a claim for compensation for a broken fibula at work. It looks at many of the ways such an injury can come about, and why a workplace accident could be the basis of a personal injury claim. We have also included an example case study, showing how a successful claim could be made by a dumper truck driver who has injured their foot in a workplace accident.
After reading this page, you might have questions, especially if you believe you may have a basis to make a similar kind of claim. If you do, then please contact our team on 0161 696 9685. They will provide you with any help you need.
Jump To A Section:
- Broken Fibula Work Vehicle Accident Claims
- Broken Fibula – Claim Time Limits
- 5 Common Types Of Dumper Truck Accidents In The Workplace
- 5 Ways You Could Be Injured In A Construction Vehicle
- Case Study: £60,000 Payout For A Broken Fibula And Other Injuries As A Dumper Truck Worker
- Broken Fibula Compensation Amount
- No Win No Fee Broken Fibula Accident At Work Claims
- How You Could Claim Compensation For A Broken Fibula
- Talk To Legal Helpline About Your Claim
- References And Resources
Broken Fibula Work Vehicle Accident Claims
This page is given over to the discussion of a broken fibula accident at work, and similar injuries. However, before we move on to look at how these injuries can happen, etc. we need to cover the concept of eligibility. If you are injured in a workplace accident, you are going to need to be able to prove that your employer was the root cause of the injuries you sustained. That your employer was responsible for causing the hazard that resulted in the harm you suffered. If you can’t prove this, then it is unlikely whether your claim would be successful.
Your employee could have caused your injury directly, such as asking you to perform a task you were not trained to handle. Or indirectly, such as failing to maintain a safe working environment.
When it comes to making a claim, broken fibula compensation amounts are driven by the severity of the injury itself (the level of pain and suffering), any permanent effect the injury will have on your life, and also monetary loss such as lost earnings.
If you believe that you could have a valid basis for a workplace accident claim, please speak to our team. An advisor will evaluate your claim for you and offer you some free advice on how best to proceed.
Following a fibula break, recovery time could affect how much compensation you are eligible for. However, it usually won’t affect the time limits that apply in personal injury claims. In this section, we examine what the time limit is and when circumstances may create an exception.
The time limit is set as three years to start a claim for broken tibia and fibula compensation by the Limitation Act 1980. This can be three years after the accident that caused your broken fibula.
However, the time limit may be suspended should the following apply:
- Children cannot start a personal injury claim without a litigation friend acting on their behalf. However, should a child turn 18 without a claim having been started, they will have three years from their 18th birthday to begin one. The litigation friend can start the claim at any point following the injury.
- Lacking the mental capacity means that someone cannot start their own claim. A litigation friend can start one on their behalf at any point. However, should the injured party regain their capacity, the time limit is no longer suspended. This would give them three years from the date it was determined that capacity had been regained to start their claim.
Call our advisors if you have any questions about the time limits. If your claim for a broken bone is eligible, they can help you get started right away.
In this section, we will look at some of the kinds of dumpster accidents that could cause a fractured fibula and other injuries, and that could be the basis of personal injury claims. Such as:
- Collisions that are the result of poor visibility from the cab of the dumpster.
- A dumpster tipping over, due to it being laden with too heavy of a load.
- A dumpster tipping over because it is being driven on an uneven surface.
- Pulling away in a dumpster when the skip tipped.
- Accidents that are the result of allowing inexperienced or untrained drivers to drive a dumpster without proper supervision.
Each of these kinds of accidents could result in a workplace injury. If they do, and it can be proven that the employer was liable for the accident, then the injured party may be able to make a claim for the harm they have suffered.
5 Ways You Could Be Injured In A Construction Vehicle
This section looks at the kinds of accidents that involve a plant vehicle such as a dumpster, that could result in injuries such as broken lower leg bones, and that a personal injury solicitor could be able to process a claim for. This section is based on information provided by the Health and Safety Executive (HSE).
- Maintenance or repair of plant machinery and vehicles being conducted while still plugged into the electrical supply, causing an employee to be electrocuted.
- Hazardous material not being secured and isolated when not in use, causing an employee to be injured by unnecessary exposure.
- Plant vehicles being maintained that have not been left in neutral, and have not had chocks placed under their wheels, moving and injuring a person working on them.
- Plant vehicles used for moving flammable materials that have not been cleaned properly, igniting and burning an employee.
- Plant vehicles falling into disrepair due to insufficient maintenance resulting in an accident being caused, that injures the driver or another road user.
Each of these examples shows how plant and construction equipment, including vehicles, can cause an accident that an injured party may be able to make a claim for. If you would like to know whether a claim is possible based on your own circumstances, then please speak to our team.
Case Study: £60,000 Payout For A Broken Fibula And Other Injuries As A Dumper Truck Worker
In this section, we will present an example case study, that shows how a personal injury lawyer was able to process a claim for a driver who injured his leg in a dumper truck accident. Following the claim going to court for settlement, the driver received an overall compensation payment of £60,000.
In this instance, the driver was tipping their load at a rubbish tip run by the local authority. The driver lowered the rear stabilising wheels, and then proceeded to tip the skip to empty its load. Unfortunately, the ground was unstable and the rear stabilising wheels punched through the soft ground, destabilising the whole vehicle. The dumpster tipped onto its side, and the driver’s leg was partially trapped underneath one of the arms of the skip loader.
It took over 30 minutes for the emergency services to arrive and free the driver’s trapped leg. He was taken to a nearby hospital where he was diagnosed with broken lower leg symptoms, as well as severe lacerations of his calf muscle, and general crush injuries to the lower leg. Broken lower leg treatment was provided, and once the lacerations had been dealt with a cast was put on the driver’s lower leg.
The driver suffered severe pain for some time after the bones of the lower leg had been set, and the cast applied. Furthermore, in the months that followed, the driver was unable to work, and did not receive any income from their employer during this time. In order to return to work quicker, the claimant paid for private physical therapy to speed up their recuperation.
A claim was made against the local authority, for not ensuring that the tip was safe for the use it was being put to. The £60,000 compensation settlement was awarded to compensate the claimant for the pain and suffering they suffered. As well as for the loss of earnings.
Broken Fibula Compensation Amount
Compensation for your fibula injury will be assessed under two heads of claim, to address the various effects the injury may have had on you.
The first head of claim, is general damages. General damages is to address any pain and distress a person may have suffered due to an injury. To give you an idea for what could be awarded in general damages we can use the compensation brackets listed for these types of leg injuries, featured in the April 2022 version of the Judicial College Guidelines.
This is the publication typically used by legal professionals to help them value personal injury claims. Injuries listed in the JCG and the corresponding figures are not a direct reflection of what you will be awarded as several other factors are considered when valuing claims. The table illustrates the figures below.
|Severe Leg Injury (b) (i)||£96,250 to £135,920||The most serious injuries that fall short of amputation.|
|Severe Leg Injury (b) (ii)||£54,830 to £87,890||Very serious injuries are in this bracket and will cause permanent issues.|
|Severe Leg Injury (b) (iii)||£39,200 to £54,830||Serious injuries such as compound fractures.|
|Severe Leg Injury (b) (iv)||£27,760 to £39,200||Moderate injuries such as severe crush injuries that affect a single limb.|
|Less Serious Leg Injury © (i)||£17,960 to £27,760||Fractures that don’t full recover are included in this bracket.|
|Less Serious Leg Injury © (iii)||Up to|
|Simple tibia or fibula fractures are included in this bracket.|
The second head of claim, is special damages. Special damages is in place to address any financial losses a person may have suffered, or will continue to suffer because of an injury. This will be unique to you, but if your injury has had any financial effect on you, such as:
- Loss of earnings
- Prescription costs
- Costs towards coping with your injury
Then you could be able to recoup these losses as part of your claim under special damages.
Our advisers can help by reviewing your claim and giving you an estimation of the compensation you could be awarded. To discuss a typical compensation amount for a broken fibula in the UK, or for a valuation specific to your claim, please reach out to one of our advisers now.
No Win No Fee Broken Fibula Accident At Work Claims
Using the services of a No Win No Fee lawyer is a good way to mitigate some of the financial risks that a traditional fee structure would expose you to. You will only pay the pre-agreed fee when the lawyer receives a compensation payment for you, meaning there is no fee when:
- The solicitor begins working on your claim.
- While the solicitor is processing your claim.
- If you don’t receive any compensation at all.
How You Could Claim Compensation For A Broken Fibula
If you have suffered a broken fibula, and had to go through painful fractured fibula treatment, or even left with a permanent disability, we could be able to help you.
Our team can give you some solid legal advice, and let you know whether you could be eligible to make a claim. They can also tell you what kinds of damages might be applicable in your own case, and give you an estimate of how much you may be able to claim. Speak to them on the number below to get the help you need today.
Talk To Legal Helpline About Your Claim
Have you been injured in a workplace accident that wasn’t your fault? Do you need information about the claims process, such as which personal injury claims time limit will apply? Whatever you need, our team can help. You can contact them on 0161 696 9685, and they will assist you.
References And Resources
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