This is a case study which we have researched in order to highlight how having the right solicitor to help you make a claim, such as for a crushed foot at work, can make the difference in you getting a higher or lower amount of compensation for your injuries. We will hopefully show how and why you should work with the best solicitor possible on your personal injury compensation claim.
In this case study we are looking at a case where the claimant suffered a crushed foot at work and who needed to make a foot injury compensation claim. The claimant was working on a construction site operating a digger at the time of the accident. The claimant paused operation to load some tools into the diggers bucket. Another vehicle (a forklift truck) collided with the vehicle the claimant was loading. This caused the bucket of the digger to fall. This trapped and crushed the claimants foot causing an open crush injury to the claimants right foot.
In this case study we will see how much compensation for a foot injury the claimant was awarded and how in some cases where injuries are more complex to assess, claimants may receive an interim payment before the case is settled. If you require further information on the type of injury suffered by the claimant, or how to make this type of claim we have included links at the bottom of this page. You can also find details of how to contact Accident Claims UK.
Statistics For Accidents And Injuries In The Construction Industry
The claimant worked in the construction industry as a plant (machinery) operator at the time of their accident and injuries. Whilst there have been large improvements in the number of people working in the construction industry who are injured at work, the overall rate of injury still remains high when compared to other, similar, industries. The Health and Safety Executive has identified the construction industry as high risk and recognises that it accounts for a high percentage of injuries in the workplace. According to the HSE, the industry also has a much higher than average risk for overall health problems as well.
In the table above we can see that injuries suffered by the claimant in this case, namely a crushed foot at work (musculoskeletal disorder) and psychological issues are some of the most common types of injury seen in this industry. It should also be noted that the second most frequent causes of injury to people in the construction industry are those which happen whilst handling, lifting, or carrying. For more information on health and safety in the construction industry, please see this information from the Health and Safety Executive.
What Injury Did The Claimant Suffer, And What Was The Consequence For Them?
The claimants crushed foot at work resulted in several different injuries to the foot as a whole. The fractured foot at work injury consisted of fractured to four of the metatarsal bones, those being the second, third, fourth, and fifth. There was also a further fracture on the third metatarsal bone as well as fractures to the big toe, and various cuts on the foot as a whole. The foot was severely damaged and the broken foot would result in time off work.
The claimant immediately went to hospital and had his wounds cleaned, as well as being placed under anaesthetic. Several days later he had surgery to fit fixation wires into the fractured foot bones. Whilst in hospital, the claimant also sought to being his foot injury compensation claim. Over a week later, the claimant needed to have a second procedure which also needed general anaesthetic and clear away dead tissues from the foot. Following this, the claimant then had to take six months broken foot time off work.
After this, the claimant was able to return to work. However he had to do so on reduced duties and was unable to operate the heavy pedals on diggers he had used before the accident. Additionally to the crushed foot, the claimant suffered from depression caused by the accident. This was also cited in his personal injury compensation claim. This depression was diagnosed as a prolonged depressive adjustment disorder. The psychiatrist also diagnosed chronic mild fluctuating depression and a mild form of PTSD. These psychological injuries were attributed to the physical injuries suffered and their consequences.
What Action Did Solicitors Acting On Behalf Of The Claimant Take?
Solicitors immediately took action against the employer upon being hired. They were quickly able to secure an admission of the defendants liability for injuries suffered by the claimant, as well as an interim payment to cover immediate expenses and costs. The solicitors obtained medical evidence and upon taking advice they were able to see that it would be some time until doctors could fully assess the level of damage to the claimants foot, the length of recovery time, and how well they may be able to recover. However, the solicitor and defendant recognised that whilst this information would not be immediately forthcoming, the claimant would need some initial compensation for their loss if income. As such they secured an interim payment.
Later the solicitors we able to gain medical evidence from an expert who assessed the level of damage to the claimants broken foot. Advice was sought from an consultant in reconstructive microsurgery, a orthopaedic trauma surgeon as well as a psychiatrist (to assess the claimants depression). They were able to successfully establish the claimants current and future physical and mental status and what their level of recovery was projected to be. Following this, there was a long period of negotiation with solicitors acting on behalf of the defendant.
What Compensation Payout Was Agreed Between The Claimant And Defendant?
Next we will look at the payout the claimant was awarded for their crushed foot at work. How much compensation can I claim for a foot injury is a difficult question to ask without knowing the full extent of the injuries suffered.
As we have seen in the section above, the personal injury lawyer acting on the claimants behalf was able to secure both an admission of liability from the defendant, and an a payment of £7,500 whilst the claim was being conducted. This helped to compensate the victim for their lost earnings whilst recovering from the broken foot injury. However, this was not the total amount awarded to the claimant. After further investigation of the extent of the claimants injuries, the total amount of compensation which was awarded to the claimant was in the region of £50,000. The settlement for the claimants fractured foot at work injury was made up of several components. These were:
- Compensation for the actual injuries to the foot,
- Damages to compensate for difficulties which the claimant would face in the future in terms of finding a new or similar job,
- Compensation for loss of earnings (part of which was advanced to the claimant),
- Compensation for medical expenses, such as care whilst recovering,
- Compensation for future medical costs such as private surgery as well as any care needed in the future,
- Other expenses and costs incurred as a result of the injury. This included medicine and replacement clothes for those damaged.
How To Make A No Win No Fee Claim For A Crushed Foot At Work
If you have been hurt at work it is likely that you will subsequently had to take time off work. With many people working under what are called zero hours contracts, this time off work could be unpaid, or be paid at a much lower rate, putting your under financial pressure. If this has happened to you, the last thing you want to think about the cost of making a claim. This is why many people prefer to use no win no fee solicitors. The added costs of legal fees are removed until you have the settlement from which to pay them.
We are happy to offer many of the claimants we work with what is called a no win no fee, or conditional fee agreement. Under this type of contract, as a claimant you will only be expected to pay your personal injury solicitor or lawyer any fees due on successful completion of your claim. The total amount which you will have to pay to your solicitor or lawyer will be clearly set out in the terms and conditions of your your agreement. The no win no fee solicitor should be paid a percentage of the final settlement when it is agreed, this is usually a set amount and is regulated by the government. The no win no fee agreement will also set out what work you can expect the solicitor to do for you, and how they will conduct your claim.
Begin Your Foot Injury Compensation Claim Today
When choosing between different personal injury solicitors to make your claim, we understand that you have many different options. So, why should you choose to work with Accident Claims UK? Our Personal injury lawyers and solicitors have many years of experience in helping people to make successful personal injury claims for injuries such as a crushed foot at work. What’s more, we are able to offer many of the people we help our services through no win no fee contracts. We are always dedicated to helping you to get the compensation you deserve.
To contact our team, please use any of the following methods.
Useful links and resources to further guides on our site, and trusted external resources.
NHS Information On Metatarsal Fractures
If you have suffered a crushed foot at work, or other form of broken foot injury, you can find information on your injuries here.
Further information on metatarsal fractures produced by Guys and St Thomas Hospital.
Foot Injuries At Work
If you have suffered any form of injury to your feet when working, such as a crushed foot at work, find out how to make a successful compensation claim in this handy guide.
Accident At Work Compensation Rights
After suffering any form of accident in the workplace you could be wondering what your rights to compensation are. Find the answer in this guide.