I Stepped On A Nail At Work – Could I Claim Compensation?

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.

Man about to step on nail sticking out of a plank of wood

Claiming after being injured by a nail at work

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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  1. An Overview Of Nail Injury Claims
  2. Stepped On A Nail At Work – Time Limit For Injury Claims
  3. What Should I Do If I Stepped On A Nail At Work?
  4. What Kind Of Injuries Could You Sustain From Stepping On A Nail? 
  5. Payouts If You Stepped On A Nail At Work
  6. No Win No Fee Accident At Work Claims 

An Overview Of Nail Injury 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.

Stepped On A Nail At Work – Time Limit For Injury Claims

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.

What Should I Do If I Stepped On A Nail At Work? 

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. 

What Kind Of Injuries Could You Sustain From Stepping On A Nail? 

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

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
  • Anxiety 
  • 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.

Payouts If You Stepped On A Nail At Work 

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.

Edit
Injury Severity Notes Value
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
Foot (b)		 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

No Win No Fee Accident At Work Claims 

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. 

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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: 

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