How to Claim Compensation for a Broken Leg at Work
Some of the reasons why you may – or may not – be entitled to claim compensation for a broken leg at work are explained in this article, along with what you should do following breaking your leg in an accident at work to support a work fractured leg claim for compensation.
It is recommended that a legal expert explains how to claim for legs broken at work is also as no two claims for injuries to your legs in the workplace are identical. Therefore, it is always in your best interests to discuss the specific circumstances of your work injury with a solicitor at the earliest practical opportunity.
Your first priority should always be your health and, if you have not already done so, you should seek professional medical treatment for your injury. No amount of workplace compensation for injuring your leg will ever make up for a long term health issue which could have been avoided by timely medical attention and, to support your claim for damaging a leg at work, you will need a doctor to complete the Injuries Board Medical Assessment Form B.
Claims for Injuries to your Legs in the Workplace and the Duty of Care of Employers
In order to be eligible to claim compensation for a broken leg at work, you must have sustained an injury which could have been prevented had your employer – or another person with responsibility for your health and safety – fulfilled his or her duty of care to provide you with a safe working environment.
An employer´s “duty of care” covers all his or her responsibilities to prevent all types of injuries wherever possible, and would include performing risk assessments to identify foreseeable hazards, providing training and supervision, and supplying personal protective equipment where necessary to eradicate the risk of an employee breaking their leg at work.
Should an employer fail in their duty of care to eliminate the risk of an injury, and you subsequently sustain an injury to your leg as a result, you should be entitled to make a work fractured leg claim for compensation. It should be noted, however, that an employer´s duty of care is not “absolute” and, if you break your leg in an accident at work which could not have been foreseen, claims for injuries to your legs in the workplace are unlikely to be successful.
How Your Employment Status May Affect a Claim for Legs Broken at Work
It is not often that your employment status will affect your entitlement to claim compensation for a broken leg at work, but there may be scenarios when agency workers, employees on short-term contracts or self-employed workers may have to make a claim for damaging a leg at work against somebody other than their direct employer – for example the owner of the premises on which the injury was sustained.
Possibly of more concern if you have broken your leg in an accident at work is the fact that you do not want to fall out with your employer but, because of financial necessity, you need to make a claim for damaging a leg at work against your employer´s liability insurance policy. Most employers will be genuinely sorry that you have sustained a broken leg injury at work due to their negligence and will admit their liability; but there are some circumstances in which an employer will want to protect their insurance policy excess and dispute your workplace compensation for injuring your leg claim.
Unsolicited Offers of Compensation from Insurance Companies
You should always speak with a solicitor if you receive a direct approach from an insurance company with an unsolicited offer of workplace compensation for injuring your leg. Insurance companies are often made aware of work accidents when a report is made in the employer´s “Accident Report Book”, and may make an approach even before you have considered making a claim for damaging a leg at work.
The purpose of the insurance company´s approach is to reduce how much compensation for a broken leg at work they will have to pay you and they have been successful enough times by tempting plaintiffs with an offer which would result in a quick settlement, to keep on trying these methods. Even if you are concerned about your short-term finances, you should refrain from accepting an insurance company´s unsolicited offer of compensation until you have discussed your claim for legs broken at work with a solicitor.
By their approach, the insurance company has effectively admitted your employer´s liability for the injury you sustained at work, and your solicitor will be able to engage in direct negotiations with the insurance company to obtain a full and satisfactory settlement of your work fractured leg claim for compensation – organising interim payments until the claim is resolved if necessary.
How the Statute of Limitations affects a Work Fractured Leg Claim for Compensation
A limitation period of two years has been set by the Courts and Civil Liability Act 2004 for making claims for injuries to your legs in the workplace from the “Date of Knowledge” on which the broken leg is diagnosed. There are very few occasions in which a plaintiff would be unaware that they have broken a leg in an accident at work and therefore the two year limitation period for making a work fractured leg claim for compensation would usually start on the day of your accident.
Two years may seem sufficient time in which to submit a claim for legs broken at work to the Injuries Board for assessment but, if liability for your workplace injury is denied, or you are waiting for the results of an HSA investigation to confirm your employer´s liability in a claim for damaging a leg at work, the time can slip quickly by.
If the full extent of your injury is not known, or it is taking a long time to recover from the leg injury you sustained in your work accident due to complications and impossible to calculate how much workplace compensation for injuring your leg you are entitled to, it is possible to “stop the clock” on your claim for compensation for a broken leg at work. You will need the agreement of your employer´s insurance company to do this – assuming your employer has admitted liability for your injury – and this procedure is best done with the assistance of a personal injury* solicitor.
Do I Need a Solicitor to Claim Compensation for a Broken Leg at Work?
You do not need a solicitor in order to make claims for injuries to your legs in the workplace, but it is often in your best interests to do so. In addition to acting as a go-between between yourself and your employer, and dealing with any complications that arise while making a claim for legs broken at work, a solicitor has the experience to ensure you receive your full entitlement to workplace compensation for injuring your leg – whether your claim for damaging a leg at work is resolved via the Injuries Board, by negotiation with your employer´s insurers or through court action.
Most solicitors will offer an assessment of your work fractured leg claim for compensation without charge, if you have sustained an injury in work accident for which you were not entirely to blame, and provide you with answers to any questions you may have in regard to your eligibility to claim compensation for a broken leg at work. As it is often in your best interest to have evidence collected in support of your claim for legs broken at work while it is still fresh, you would be well advised to speak with a solicitor about the circumstances of your leg injury in a work accident without delay.