If you stood on a nail at work, you might be wondering if you can make a compensation claim. While it might seem like a minor injury, a rusty nail can cause a tetanus infection, a bone infection, and other serious consequences.
In this guide, we’ll talk about the steps you can take to make a compensation claim after suffering puncture wounds from stepping on a nail. We’ll also discuss the safety standards that your workplace is expected to meet for the sake of their employees.
Some of the most common questions we receive concern compensation. This guide will discuss what your compensation could consist of and how it is calculated.
Finally, we’ll talk about how a No Win No Fee solicitor could help you make an accident at work claim. We know that the claims process can sometimes seem complicated, but a solicitor can use their years of experience to help you.
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If you can’t find the answer you need in our guide, a member of our team can help. Contact us today to learn more by:
- Calling us on 0800 073 8801
- Contacting us online
- Using the live chat feature
Browse Our Guide
- Can I Claim Compensation If I Stood On A Nail At Work?
- How Can Stepping On A Nail Be Caused By Negligence?
- What Should I Do If I’ve Stood On A Nail At Work?
- How Much Accident At Work Compensation Could I Receive?
- Can I Make A No Win No Fee Claim If I Stood On A Nail At Work?
- More Resources Related To Accident At Work Claims
Can I Claim Compensation If I Stood On A Nail At Work?
Under the Health and Safety at Work etc. Act 1974 (HASAWA), you are owed a duty of care by your employer. This means that they need to make sure that you are safe while carrying out your duties by taking reasonable steps and measures.
In some jobs, like on construction sites or for those who work in old or disrepair environments, a protruding nail can be a foreseen piercing hazard. In these cases, part of your employer’s duty of care would be to undertake risk assessments and see how this hazard can be mitigated.
Whether or not you can claim compensation after standing on a nail depends on establishing negligence. For the purposes of an accident at work claim, negligence occurs when:
- Your employer owes you a duty of care.
- They breach this duty of care.
- This causes you an injury.
You must meet all of these criteria in order to have a valid personal injury claim.
What Types Of Injuries Could Be Caused By Stepping On A Nail?
Stepping on a nail can cause a number of serious injuries. One of the biggest risks of suffering a piercing wound from a foreign object is infection. Multiple different infections can be caused by stepping on a nail, including tetanus and sepsis.
Tetanus is a serious disease that can cause life-threatening complications and occurs when germs and bacteria get into an open wound. If you seek medical care after stepping on a nail, your doctor might offer a tetanus booster shot to protect you.
Stepping on a nail can also cause:
- Bone damage.
- Blood loss.
- Scarring.
- Bruising.
In some cases of infection, you may even need to have your foot amputated.
Contact our team today if you were injured after you stood on a nail at work and find out if you could be eligible to make a claim.
How Can Stepping On A Nail Be Caused By Negligence?
As we’ve already mentioned, you need to be able to prove that negligence occurred in order to form the basis of a valid claim. But how can stepping on a nail be caused by your employer breaching their duty of care?
- Failure to provide Personal Protective Equipment (PPE): It’s your employer’s responsibility to provide adequate and free PPE if you need it to do your job safely. If they fail to provide adequate safety boots when needed, for example, this could cause you to step on a nail and suffer a puncture wound.
- Unsafe walkways: For example, if the carpet was pulled up in your office to be replaced, exposing the floorboards and nails, if no safe alternative is provided, you could step on an exposed nail.
- Lack of risk assessments: In some cases, your employer might be required to do a risk assessment. If they fail to do this, this means that the hazard of protruding nails could be missed, causing you to be injured.
If you think you could have a valid claim, or if you have any questions about claiming after standing on a nail in the workplace, get in touch today.
What Should I Do If I’ve Stood On A Nail At Work?
If you stood on a nail at work, you might be wondering what steps to take next. After this kind of accident, we recommend:
- Seeking immediate medical treatment: This means you get the care you need so you can safely proceed with a claim.
- Logging the accident in your workplace’s accident book: All workplaces that have ten or more employees are legally required to have an accident book, and this creates a permanent record of the accident.
- Collecting evidence: Evidence that you could collect yourself might include photographs, CCTV footage, and the contact details of witnesses.
- Seeking legal advice: Our team are here to help and could potentially connect you with one of our expert solicitors.
Contact our team today to learn more, or keep reading to learn about accident at work compensation.
How Much Accident At Work Compensation Could I Receive?
If you make a successful compensation claim, you will receive general damages. This is the first of two potential heads of compensation that can make up your award.
General damages cover the pain and suffering caused by stepping on the nail. It also includes loss of amenity, which is loss of enjoyment in things like hobbies.
When this heading is calculated, the Judicial College Guidelines (JCG) can be used for reference. This is because the JCG contains compensation bracket guidelines for different injuries, including foot injuries.
The table below provides some examples. Please note that the first entry is not from the JCG and that these are only guideline figures, not guarantees.
| Injury | Compensation | Notes |
|---|---|---|
| Multiple Serious Injuries + Special Damages | Up to £150,000+ | Multiple serious injuries combined with financial losses, like lost earnings. |
| Amputation Of One Foot | £102,470 to £133,810 | Treated similarly to below the knee amputations, due to the loss of the ankle joint. |
| Very Severe Foot Injuries | £102,470 to £133,810 | Permanent and severe pain or disability. |
| Modest Foot Injuries | Up to £16,770 | Puncture wounds, lacerations, and contusions fall in this bracket. |
| Amputation Of The Great Toe | In the region of £38,210 | Amputation of the great toe. |
| Serious Toe Injuries | £11,720 to £16,770 | Serious injuries causing permanent disabilities, or sensitive scarring. |
| Noticeable or disfiguring scars to the body | £9,560 to £27,740 | Noticeable laceration scars or one disfiguring scar. |
| Noticeable or superficial scars to the body | £2,890 to £9,560 | One noticeable scar or multiple superficial scars with some minor cosmetic effect. |
You might also be eligible for special damages. This is the second head of claim that you could receive, and covers the financial losses caused by your injuries.
For example, special damages can help you recoup the cost of lost earnings if you need to take time off work to recover. It can also help you with the cost of:
- Travel.
- Medical expenses and prescriptions.
- Childcare.
- Mobility aids.
- Help with cooking and cleaning.
These are only a few examples of the kinds of costs that could be covered by special damages. However, you need to be able to prove these losses in order to claim them back. Because of this, we recommend keeping any bills or receipts that illustrate your losses.
Contact our team today to find out if you could be eligible to claim compensation. Or, keep reading to find out how one of our No Win No Fee solicitors could help you.
Can I Make A No Win No Fee Claim If I Stood On A Nail At Work?
We always recommend seeking help from a solicitor when you make an accident at work claim. A solicitor can help you in a number of ways, including:
- Collecting evidence.
- Making sure your claim is filed within the time limit.
- Communicating with the defendant.
- Preparing the case for court if necessary.
- Negotiating a settlement.
- Decoding legal jargon.
Our solicitors have years of experience working on various types of accident at work claims. They can offer all the above services to you as well as help you secure the maximum compensation payment that you deserve. Additionally, by offering you a Conditional Fee Agreement (which is a type of No Win No Fee agreement), they can provide these services to you without:
- Taking an upfront fee.
- Taking fees for their continued services.
- Asking for payment for their services at all if the claim fails.
If the claim succeeds, they’ll take a percentage of your compensation as their success fee. This percentage is limited by the law.
Contact Us
If you have any more questions or if you’d like to learn more about the accident at work claims process, our team of advisors are here to help. They can evaluate your claim for free, and could potentially connect you with one of our solicitors.
To find out if you could make a No Win No Fee personal injury claim with one of our solicitors, contact our team today by:
- Calling us on 0800 073 8801
- Contacting us online.
- Using the live chat feature.
More Resources Related To Accident At Work Claims
For more helpful guides:
- Get help making an accident at work claim if you are self-employed.
- Learn about forklift accident at work claims if you have been injured by this vehicle.
- Advice on claiming minor injury at work compensation.
Or, for more resources:
- Help on requesting CCTV footage of yourself from Gov.UK.
- Learn when to call 999 from the NHS.
- Guidance on personal protective equipment from the Health and Safety Executive (HSE)
Thank you for reading our guide on whether you could claim if you stood on a nail at work. Please contact our advisors today to discuss your case and see whether you may have a valid claim.
