By Jo Anderson. Last Updated 2nd November 2023. Welcome to this case study surrounding personal injury compensation claims payouts for a broken leg at work.
This involves a man who broke both legs in a crush accident. Here, we look at broken leg compensation payouts for UK claims.
We also explain how to calculate a compensation payout for a broken leg at work. We explain how broken bone compensation amounts could be arrived at, and what could be included in a broken leg insurance payout. Plus, we answer questions such as ‘who would cover the insurance payout for a broken leg?’ and ‘How much could I get in compensation for a broken tibia and fibula.
If you have questions about compensation for a leg injury claim, we could assist. Or, if you would like to begin a claim for leg injury compensation, call us.
Select a Section
- Case Study – Broken Leg Accident At Work
- Eligibility Requirements For Making A Broken Leg Claim
- What Evidence Can I Use For My Broken Leg Claim?
- Potential Values Of Broken Leg Compensation Payouts In The UK
- How Could A No Win No Fee Solicitor Help Me?
- Useful Links Relating To Personal Injury Claims Payouts For A Broken Leg
Below, we have created a figurative case study to help you better understand the claims process and the considerations given when calculating compensation.
Mr Matthews was working a construction site and carrying out tasks that required him to work from a height on scaffolding. However, his employer failed to carry out risk assessments or address any hazards posed by the risks they were aware of.
As a result, Mr Matthews was not provided any personal protective equipment and no measures were taken to address the risk of working from a height, including ensuring the scaffolding was safe. As a result, the scaffolding broke down and Mr Matthews fell from a height. The scaffolding landed on him and broke both his legs in a serious crush accident.
This was seen as a breach of the employer’s duty of care causing an employee harm, for which a personal injury claim was put forward.
What Injuries Were The Claimant Diagnosed With?
Mr Matthews sustained severe broken legs due to a crush accident. Additionally, due to the severity of his injuries and the long term impact they caused, he experienced psychological distress.
He needed to undergo many surgeries to correct the damage that had been done to his legs. Some surgeries involved there being metalwork inserted into the legs. The injuries and subsequent surgeries meant that he needed a significant period of time to recover, which meant him losing out on income. Not only did he have to take time off work due to the suffering and pain he endured, he also had to reduce his hours at work on his return to account for the time needed in rehabilitation. During his recovery, he also required care at home.
All of these factors were considered when determining whether Mr Matthews was owed compensation for a broken tibia and fibula.
If you have suffered similar injuries due to your employer’s negligence, please get in touch to determine whether you could be eligible to make a claim. An advisor can also discuss compensation payouts and how they are calculated.
What Payout Was Awarded to The Claimant?
In this particular incident, the claimant received a total of £325,000 for his injuries and loss of earnings and costs. During the process, he was in receipt of interim payments, totalling £25,000 which helped the claimant with ongoing costs of living and treatment while the claim was still being negotiated. This is something that can sometimes be negotiated so that the victim does not have to delay any treatment for their injuries, or to help them cover their costs of living.
If this is something you feel might apply to your broken leg at work claim, then it is something we can discuss on the phone, so don’t hesitate to call. Our advisors can offer more information on broken leg compensation payouts.
If you are interested in making a broken leg compensation claim, you first have to prove that you were owed a duty of care. Various parties could owe you a duty of care, including:
- Those in control of public places – Under the Occupiers’ Liability Act 1957 (OLA), the occupier of the space has a duty of care to ensure your reasonable safety while visiting. Under OLA, an occupier is a person in control of the space.
- Employers – Your employer has a duty of care towards you under the Health and Safety at Work etc. Act 1974. They must take all reasonably practicable steps to prevent you from suffering harm at work.
- Road users – Road users have a duty of care towards other road users not to act in a manner that could cause harm. To uphold this duty, they must comply with the rules and guidance contained within the Highway Code and the Road Traffic Act 1988.
To be eligible to claim compensation for a broken leg, you would need to be able to prove that:
- A third party owed you a duty of care.
- They breached this duty of care
- You suffered an injury due to their breach.
Our advisors are on hand to check your eligibility to claim. They can also offer more advice on the leg injury compensation amount that could be appropriate for your claim.
Time Limits For Claiming Broken Leg Compensation
If you are eligible to claim compensation for a broken leg, you must start your claim within the time limit set out by the Limitation Act 1980.
Typically, the time limit for claiming broken leg compensation would be three years from the date of the accident. However, there are some exceptions to this.
For example, if a minor under the age of eighteen is injured, the time limit is paused until they turn eighteen. During this time, a court-appointed litigation friend can claim on their behalf. Otherwise, the time limit is reinstated on their eighteenth birthday, and they can claim from themselves from this point up until their twenty-first birthday.
The time limit is also paused for those who lack the mental capacity to claim for themselves. In these cases, a litigation friend can claim on their behalf. The time limit will only be reinstated if the claimant recovers the needed capacity to claim for themselves.
Please contact an advisor to learn more about the relevant time limit for your claim or to ask questions about the leg injury compensation amount you could receive.
Various pieces of evidence could help to support a broken leg compensation claim. Some examples include:
- Evidence of your injuries: If you seek medical advice, there is likely to be a record of your injury in your medical records. You may need to have an independent assessment to gather further evidence as part of your claim, and you can also use photographs to prove your injuries.
- Evidence of the accident: This could include CCTV footage, photographs of the scene, a copy of an accident report, or simply witness details. Taking these details allows a professional to take their statements at a later date.
One of the benefits of using a solicitor to help you claim a leg injury compensation amount is that they can help you gather evidence to strengthen and support your claim. If you would like to find out how one of our solicitors could help you or to learn more about claiming compensation for a broken leg, contact our team today.
You may be wondering how much compensation for a broken leg you could receive if your claim succeeds. Since broken leg compensation payouts in the UK are awarded on a case-by-case basis, we can’t offer an average compensation amount. However, we can offer some insight into how these amounts are calculated.
Generally, broken leg at work compensation can be made up of two heads. These are general damages, and special damages. Every successful claimant will receive general damages, as this head of claim covers your injuries and the way they affect your quality of life, with consideration given to your pain and suffering.
When solicitors and legal professionals value this head of claim, they may refer to the Judicial College Guidelines (JCG). This document provides guideline compensation brackets for different injuries, including leg injuries. Below, you can find some examples, but please note that these are guidelines only. Additionally, they only apply to claims made in England and Wales.
Injury Level of Severity Judicial College Guidelines Payout Bracket
Multiple Serious Fractures + Special Damages Multiple serious and life changing injuries. This can include loss of earnings. Up to £500,000
Amputation (ii) Below-knee Amputation of Both Legs £201,490 to £270,100
Amputation (iii) Above-knee Amputation of One Leg £104,830 to £137,470
Leg injuries (i) The Most Serious Injuries Short of Amputation £96,250 to £135,920
Leg injuries (ii) Very Serious - Injuries that lead to permanent mobility problems and may require future surgery. £54,830 to £87,890
Leg injuries (iii) Serious - Serious fractures with a long period of immobility. £39,200 to £54,830
Leg injuries (Iv) Moderate. - Complicated fractures, leading to deformities and instability. £27,760 to £39,200
Leg injuries Fractures from which an Incomplete Recovery is Made or Serious Soft Tissue Injuries £17,960 to £27,760
Leg injuries (ii) Simple Fracture of a Femur with No Damage to Articular Surfaces £9,110 to £14,080
Leg injuries (iii) Simple Fractures to Tibia or Fibula or Soft Tissue Injuries
Up to £11,840
The second head of claim is special damages. This provides compensation for the financial losses you suffer as a result of your broken leg. For example, you may need to take time off work to recover, which can lead to lost earnings. Special damages could help you recoup these lost earnings, as well as the cost of:
- Medicines and prescriptions
- Domestic help
- Mobility aids
To learn more about what you could claim for if you suffered a broken leg at work, contact our team of advisors today.
If you are eligible to seek compensation for a broken leg, you may like to have a solicitor to help you. One of our solicitors could support your case. They have lots of experience with personal injury claims. Our solicitors typically use a type of No Win No Fee arrangement known as a Conditional Fee Agreement (CFA) to work on your case.
If your personal injury solicitor works with you under this kind of agreement, they generally won’t ask you to pay any upfront or ongoing fees towards their services. Furthermore, you also won’t be asked to pay for their work on your case if you are not awarded compensation following an unsuccessful claim.
However, if your claim for a fractured leg has a positive outcome, your solicitor will deduct a success fee out of your compensation. The amount that can be taken as this fee is a percentage that is limited by the law.
Many different resources exist to help you with making claims. Here, we have put together a list of some we think might help.
- HSE Construction Stats – The HSE statistics we mentioned above in the guide can be found in full here. This details a lot of different statistics surrounding the construction injury, injuries within it and illnesses as well.
- PTSD – NHS – The NHS’ page on PTSD explains how it is diagnosed and what treatment options are available. This is a common after effect of trauma, such as the accident mentioned above.
- Self Employed and Making a Claim – Many construction workers are self-employed. If you are, then this guide is for you.
- Injured on a construction site? – If, like the claimant above, you’ve been injured on site, this guide can help you make sense of what to do.
- Read our interesting broken ankle compensation payout case study to learn more about potential broken ankle settlements.
- Find information on torn rotator cuff injuries through our helpful guide.
- Read our fractured neck case study guide to learn about claiming compensation for a fractured neck.
Thank you for reading this case study on personal injury claims payouts for a broken leg at work. Now, whether you’ve suffered leg fractures or a leg amputation, or even ankle injuries, we could help you claim. Call us about accident at work compensation.