If a colleague has ran over your foot at work and injured you, you may be wondering whether you could make a personal injury claim. Within this guide, we will explain the duty of care you are owed while in the workplace and the specific criteria that must be met to be eligible to make a personal injury claim.
This guide will also provide information on the time limits you must adhere to and the evidence you could use to support an accident at work claim. Additionally, we provide an example case study to illustrate the grounds that an employee could make an accident at work claim on if a colleague ran over their foot. Furthermore, we will discuss how a No Win No Fee solicitor could help you with claiming compensation
Get in touch if you’ve had an accident at work and want to ask our advisors any questions regarding the personal injury claims process. They are available 24/7 to help you and can be reached by:
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- A Colleague Ran Over My Foot – How Do I Claim?
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- Learn More About Claiming For Foot Injuries In The Workplace
While you are in work, your employer owes you a duty of care. This duty can be found in the Health and Safety at Work etc. Act 1974. Per this duty, they must take reasonable actions to ensure your safety. This includes ensuring that you and your colleagues have received sufficient training in operating any vehicles that are needed to be used to complete your work tasks.
If a colleague ran over your foot at work, to be eligible to pursue a personal injury claim, you would need to prove:
- Your employer owed you a duty of care.
- They breached this duty.
- You suffered an injury to your foot due to this breach.
How Long Do You Have To Claim?
As per The Limitation Act 1980, you generally have 3 years to begin the process of making a personal injury claim following an accident at work.
Although, the Act applies certain exceptions to this time limit in certain circumstances. Contact our advisors today to find out more.
Mr Fisher worked in a warehouse. In this warehouse, the use of forklift trucks was required to undertake certain tasks. During the workday, one of Mr Fisher’s colleagues lost control of a forklift when operating it. When this happened, Mr Fisher’s coworker ran over Mr Fisher’s foot, causing multiple fractures due to the crush injury. There was also damage to the ligaments in the same foot.
The colleague in question had not been supplied with adequate training before being asked to use the vehicle by his employer. Inadequate training is an example of Mr Fisher’s employer breaching their duty of care. As a result, Mr Fisher was eligible to claim for the injuries caused by the incident as he had sufficient evidence to establish his injury was caused by employer negligence.
To learn more about when you could make a personal injury claim if a coworker ran over your foot, contact our advisory team.
If a coworker has injured you whilst at work, this does not automatically mean you could make an accident at work claim. To be eligible to make a personal injury claim against your employer, they must be at fault for the accident in which you were injured. So, when making a claim, you will need evidence to not only show the injury you suffered but also why you think your employer is liable.
Some examples of the evidence that could be used to help support your case include:
- Accident book – This should be completed following an injury at work. Details pertaining to the nature of the accident and your injuries should be included, as well as the date and time.
- Video evidence – For example, CCTV footage. You have the right to request a copy of the footage if you appear in it.
- Medical evidence – This could be a copy of your medical records illustrating your injury and the treatment you required.
- Witness contact details – They could then provide a statement later in the claiming process about your accident.
Working with a solicitor could be useful, as they could assist you with gathering sufficient evidence to support your claim. To find out whether you may be able to work with one of our solicitors, you can contact our advisors today.
If you were injured when a coworker ran over your foot, you will receive general damages as part of your compensation settlement, if you make a successful personal injury claim. This compensates you for the suffering your injury has caused you to endure. Various factors such as the severity of your initial injury, the recovery period and the treatment needed, will affect how much you are awarded in general damages.
When legal professionals are valuing this head of claim, they turn to medical evidence and other resources. One of these is a publication called the Judicial College Guidelines (JCG). The JCG was last updated in April 2022 and contains compensation guidelines for a variety of injuries.
We’ve included some excerpts from the latest edition of the JCG in the table below. Please only use this as a guide.
|(b) One foot is amputated. The ankle joint is also lost.
|£83,960 up to £109,650
|(c) Very Severe – An injury that causes permanent and severe pain or lasting disability that is really serious.
|£83,960 up to £109,650
|(d) Severe – Both heels or feet have suffered fractures which causes considerable pain and restricted mobility.
|£41,970 up to £70,030
|(f) Moderate – Displaced metatarsal fractures that result in deformity that is permanent. Surgery may be required in the future.
|£13,740 up to £24,990
|(g) Modest – such as uncomplicated metatarsal fractures or ruptured ligaments etc.
|Up to £13,740
|(a) When all toes are amputated.
|£36,520 up to £56,080
|(b) Only the Great Toe is amputated.
|In the region of £31,310
|(c) Severe – Such as when the toes are crushed severely. Other than the Great Toe, one or two toes may require amputation.
|£13,740 up to £21,070
|(d) Serious – The great toe has been crushed or 2+ other toes have been fractured.
|£9,600 up to £13,740
|(e) Moderate – Straightforward fractures or lacerations to one or more toes.
|Up to £9,600
Examples Of Other Damages
Some claimants may also be awarded a second head of claim called special damages. If your colleague ran over your foot, then you may have suffered financially due to your injury. Special damages could compensate you for these losses.
Special damages could be awarded for:
- A loss of earnings.
- The cost of mobility aids.
- Medical expenses.
- Travel costs.
Keeping hold of any relevant receipts, invoices or bank statements that prove these losses could help support your case for special damages.
Contact our advisors today for a free valuation of your potential personal injury claim.
If a colleague ran over your foot, and you are eligible to make a personal injury claim, you may benefit from working with one of our No Win No Fee solicitors. By offering you a Conditional Fee Agreement (CFA), you will not be required to pay them anything upfront in order to access their services. You also won’t have to pay them any ongoing fees for them to continue working on your claim.
Your solicitor will take a success fee from your compensation if your claim succeeds. This is a legally capped percentage.
Speak To Our Specialist Team
Contact our advisors today with any questions you may have about claiming compensation for a workplace accident. They can also provide you with free advice regarding your case and potentially connect you with one of our No Win No Fee solicitors.
To speak with a member of our team, you can:
More guides by us about workplace accident claims:
- See if you can claim after being involved in a forklift accident at work.
- When you could make a serious injury claim after a workplace accident.
- Information about how unsafe working practices could cause an accident at work.
- Litigation friends – GOV.UK.
- Health and safety statistics – Health and Safety Executive.
- Broken toe – NHS.
To learn more about when you could make a personal injury claim if a colleague has run over your foot at work, you can contact a member of our team.