By Jo Anderson. Last Updated 28th November 2023. Our guide explores whether you may be entitled to make a compensation claim if you have stepped on a nail at work. We explain what an accident at work is and how an employer could be responsible for your injuries. We also take a look at the instances in which injuries may result and how you could claim compensation for such.
Moreover, we detail the complications of puncture wounds and what risks you could face. We also explain what to do after stepping on a nail at work to gather the evidence you could use in your personal injury claim. Furthermore, we outline what duty an employer owes you in accordance with the Health and Safety at Work etc. Act 1974.
Our guide also looks into the potential payouts you could receive and how accident claims solicitors value your injuries in this process. We also discuss the benefits of a No Win No Fee agreement and what these entail.
Please continue reading for more information on what to do after you have stepped on a nail at work. Alternatively, you can reach us with your questions in the following ways:
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- An Overview Of Nail Injury Claims
- Stepped On A Nail At Work – Time Limit For Injury Claims
- What Should I Do If I Stepped On A Nail At Work?
- What Kind Of Injury Is Stepping On A Nail?
- I Stepped On A Nail At Work – Who Could I Sue?
- Payouts If You Stepped On A Nail At Work
- No Win No Fee Accident At Work Claims
An accident in the workplace can happen when an employer breaches their duty of care. Under The Health and Safety at Work etc. Act 1974, an employer must take reasonably practicable steps to ensure the safety of their employees while at work.
If you are claiming against your employer for your injuries, you must be able to prove that:
- They owed you a duty of care
- They breached this duty
- This breach caused your injuries
You should be able to demonstrate that your employer owed you a duty of care when the accident occurred. When trying to prove liability, you must show that they breached this duty, and if you suffered injuries because of this breach, this amounts to negligence which could give you grounds to claim.
If you are eligible to make a personal injury claim for pain in your foot after stepping on a nail, you will only have limited time in which to do so.
Per the Limitation Act 1980, you typically have three years from the accident date to file your claim.
However, there are some exceptions to the limitation period for certain claims. For example, if a child was injured because they stepped on a nail, they could not file a claim until they reached the age of 18. They would then have until the date of their 21st birthday to begin the claiming process. However, in the period leading up to their 18th birthday, a litigation friend could start the claiming process for them.
Similarly those who lack the mental capacity to make a claim for themself will have the limitation period suspended. It will only be reinstated if they regain this mental capacity and will run from the date of recovery. Alternatively, a litigation friend could make the claim on their behalf.
To check whether you are within the limitation period to begin your personal injury claim, you can contact a member of our team.
If you have stepped on a nail at work and suffered an injury, you should receive medical care first and foremost. After this, and if you are well enough, you could assess whether you can make a personal injury claim for an accident at work. If you think your employer was at fault for the incident, you could look for useful evidence to prove your claim.
Evidence you could acquire include:
- CCTV footage and an accident book with the details of the accident.
- Witness contact details
- Photographs of injuries and copies of medical records
Our solicitors can help you collate these pieces of evidence to help prove your employer’s liability. For more information and advice, please get in touch with our team.
There is a variation of injuries you could experience due to having stepped on a nail at work.
Possible injuries include:
- Infections such as Tetanus
- Puncture wounds
- Torn skin or lacerations
Complications Caused By Having Stepped On A Nail At Work
Some complications could occur after you have stepped on a nail at work, as mentioned in a previous section. However, a foot injury can also have other impacts.
Physical impacts include:
- Lack of mobility
- Consistent pain
- Frequent use of mobility aids during or even after the recovery period
You could also suffer mentally from your injury. You may experience:
- Depression due to your limited movement
- Post-traumatic stress disorder
Additionally, you may be financially impacted due to your injuries:
- Loss of earnings from not being able to work
- Medical costs
- Home adaptations or ongoing care you have paid for
These impacts will be evaluated when your personal injury claim is being valued for compensation amounts.
As previously stated, your employer owes you a duty of care under the Health and Safety at Work etc. Act 1974 (HASWA). Per this duty, they must take reasonable steps to ensure your safety whilst in the workplace and completing work-related duties. Failure to do so could result in an accident at work, where you could be injured, and you could be eligible to make a personal injury claim.
There are various steps your employer should implement to avoid a workplace accident occurring. For example, your employer should be performing regular risk assessments and ensuring the work floor is clear of any clutter and potential hazards, such as nails. If your employer failed to do this, you could suffer a foot injury after you stepped on a nail.
Additionally, your employer should be providing you with any necessary personal protective equipment (PPE). For example, if you work on a construction site, your employer could provide you with steel-capped toe boots to protect your feet from injury. If you stepped on a nail due to a lack of PPE, you may be eligible to make a personal injury claim.
However, it is important to note that not every accident at work could lead to a claim.
Contact our advisors today to see if you could be eligible to make a personal injury claim. They can also offer you free advice and answer any of your questions.
When valuing the injuries you suffered after you stepped on a nail at work, solicitors may use The Judicial College Guidelines. These offer compensation brackets that help to value different injuries, as shown in the table below. However, these amounts are not guaranteed and should only be used as a guide. The outcome of your settlement may differ.
Alternatively, accident claims calculators can give rough overviews of what you could receive in compensation for your injuries. However, these typically don’t regard other factors that would factor into your injury value, so should just be used as an overview.
|Multiple serious injuries plus financial losses||A combination||Compensation for multiple severe injuries and the financial losses they caused, such as medical expenses.||Up to £150,000+|
|Foot||Amputation of One|
|This is also treated similarly to a below-knee amputation as |
the ankle joint is lost.
|£83,960 to £109,650|
|Foot||Very Severe (c)||There must be serious disability or permanent pain, traumatic amputation of the forefoot, for example.||£83,960 to £109,650|
|Foot||Severe (d)||This can include ulcerations or other disabilities preventing the wearing of ordinary shoes. Pain is permanent and mobility is restricted.||£41,970 to £70,030|
|Foot||Modest (g)||This can cover puncture wounds where there are continuing |
symptoms such as a limp or constant pain.
|Up to £13,740|
|Toe||Amputation (b)||The great toe is amputated.||In the region of £31,310|
|Toe||Moderate (e)||This includes laceration injuries to one or one toes.||Up to £9,600|
General damages are one form of compensation you could claim. These cover the pain and suffering you have endured due to your injuries. In addition, you may also claim special damages. These cover the financial losses you have incurred. Examples of these losses and their evidence include:
- Loss of earnings – payslips can show the reduction in wages received
- Travel costs – tickets from public transport if you had to travel to and from appointments
- Care or home adaptation costs – bank statements to show these purchases
When making your claim, you may be interested in hiring a solicitor on a No Win No Fee basis. These can be financially beneficial, and a common type of this is a Conditional Fee Agreement.
These agreements typically mean that you will not be obliged to pay for your solicitor’s services if your claim is unsuccessful. If your claim is successful, your solicitor will probably take a success fee.
This is a deduction from your compensation, but The Conditional Fee Agreements Order 2013 caps the amount they can take by a percentage.
Please contact us if you have any enquiries regarding Conditional Fee Agreements.
Our team of advisors can give you free legal advice over the phone or by email.
You can reach us by:
- Calling us on 0800 073 8801
- Completing our form to start your claim
- Talking with us through our live chat
Learn More About Workplace Foot Injury Claims
Thank you for reading our guide on making a compensation claim after you have stepped on a nail at work. If you found our information useful, please check out more of our guides below:
- Is An Employer Responsible For An Employee’s Injury?
- Health And Safety Breach Claims Against An Employer
- Can I Sue My Employer For An Accident At Work?
- How to make an accident at work claim
- Accident at work claim FAQs
- How to make an accident at work claim if you’re self employed
- Important things to know about accident at work claims
- How to claim if assaulted at work by a pupil
- Claiming compensation for an accident at work caused by no safety goggles
- Manual handling injury claims
- Dumper truck accident claims
- Slips, Trips And Falls At Work Claims
- How To Claim If You Tripped On Carpet At Work
- Learn How To Claim For A Slip And Trip At Work
- A Guide To Slips And Trips In Kitchens
- How to claim for an unloading injury
- Accident at work compensation examples
- Delivery lorry and van accident claims
- Broken hand and defective machinery injury claims
For more resources, you can click the links below:
- Risk Assessments -HSE
- Reporting of Injuries, Diseases, and Dangerous Occurrences Regulations 2013 – HSE
- Statutory Sick Pay – Government Guidance