Whatever size company you work for, your employer will need to try and keep you safe while you’re at work. This isn’t a choice, it’s their legal duty of care. If they don’t uphold their duty, and you suffer a broken arm at work as a result, you could be eligible to claim compensation. Therefore, we’ve written this guide to explain how much compensation for a broken arm at work might be awarded, and how the claims process works.
We can help if you wish to discuss your options. Our specially trained advisors will review your claim in detail with you during a no-obligation consultation. If they suspect your claim has strong grounds, they’ll refer you to one of our personal injury solicitors. Importantly, they provide a No Win No Fee service for any case they accept meaning there are no legal fees payable unless you are compensated.
To find out more about claiming compensation for a broken arm at work, please continue reading. Alternatively, call our advice line straight away on 0800 6524 881 if you’re ready to proceed.
Table of contents
- Am I Eligible To Claim Compensation For A Broken Arm At Work?
- What Types Of Broken Arm At Work Could I Claim Compensation For?
- Evidence For A Broken Arm At Work Compensation Claim
- Types Of Accidents That Could Result In A Broken Arm At Work
- How Much Compensation For A Broken Arm At Work Could I Claim?
- Broken Arm At Work Claims Time Limits
- Do I Need A Solicitor To Claim Compensation For A Broken Arm At Work?
Your employer’s duty of care is established by the Health and Safety at Work Act 1974. This doesn’t mean they will automatically be liable for every injury that occurs in the workplace. Their duty is to try and take reasonable steps to prevent accidents from happening. If you’ve broken your arm at work and wish to pursue a compensation claim, your solicitor will check whether:
- Your employer was negligent in some way; and
- That caused an accident to happen; in which
- You suffered a broken arm at work.
If you can’t show that your employer did (or didn’t do) something that caused your broken arm, you’d be unlikely to be compensated. Therefore, you’ll need to supply evidence to prove what happened and who was responsible. We’ll explain more about this a little later on.
When talking about a broken arm, we really mean where one of the bones in the arm is broken. The three major bones in the arm are the ulna, radius and humerus. Some of the types of broken arm at work you could claim compensation for include:
- Simple or closed fractures where the bone does not pierce the skin.
- Open fractures where the bone in the arm comes through the skin or is exposed by a deep wound.
- Partial fractures where the bone doesn’t fracture completely.
- Complete fractures where the bone splits completely into two or more pieces.
- Stable fractures where the two (or more) pieces of bone are still in line and should heal naturally.
- Displaced fracture where surgery may be needed as the bone fragments do not line up correctly. This can lead to arthritis and other conditions if not treated correctly.
Importantly, you could be compensated for any type of broken arm caused by a workplace accident. Compensation awards are generally based on the extent of the break and the amount of suffering caused, so a broken arm that requires pins, plates and rods to realign the bone would likely be paid more than simple fractures that heal naturally.
Your employer is unlikely to process your claim themselves. It’s more likely that they’ll pass it to their insurance company. Importantly, they are likely to take a stance that you won’t be paid compensation for your broken arm at work unless you can prove a) how your employer was liable for your accident and b) the severity of your injuries. Therefore, you should try and supply as much evidence as possible. This may include any of the following:
- Accident report forms. You should report your accident to your employer so it is logged. Your copy of the accident form could be used to prove when and where at work your arm was broken.
- Camera footage. If your company uses security cameras that may have captured you suffering your broken arm at work, you are entitled to request a copy of any footage of yourself. Try to secure this quickly as it’s often deleted within a matter of weeks.
- Medical records. X-rays and your medical notes could be obtained from the hospital that treated your broken arm. They can make it easier to prove your injuries and what treatment was needed.
- Witness details. You should tell your solicitor about anybody else who saw you break your arm at work. If needed, they could be asked to submit a statement of what they saw.
- Photographic evidence. If you’re able to, it’s a good idea to take pictures of the accident scene. This should, ideally, capture the root cause before it is removed, replaced or repaired.
Please contact us if you’d like us to review the evidence in your case for free.
So, why could your employer be liable for your broken arm at work? Well, some examples include if you:
- Broke your arm at work because a piece of machinery went wrong in a factory accident due to a lack of maintenance.
- Your employer provided inadequate training, or none at all, on how to complete your role safely.
- Broke your arm after tripping on a large pothole in the company’s car park that had been in place for a long time.
- Sustained a fractured arm because you were not given adequate protective equipment.
- Broke your arm after a slip at work accident due to a leak, spillage, or cleaning where no warning signs were in place.
- Broke your arm after it was crushed by items of stock falling on it due to damaged shelving in a warehouse accident.
These examples aren’t anywhere close to a full list of reasons why you could be entitled to claim compensation . Therefore, if your scenario is different, please get in touch and let us know so that we can review your options for free.
Any personal injury claim for a broken arm at work is usually based on the suffering your broken arm caused (general damages) and any financial implications (special damages). While no two claims are the same, in principle, you could be compensated for:
- The pain you endured when you broke your arm at work and while you recovered.
- Medical and rehabilitation costs including private medical treatment in some cases.
- Travel costs such as parking fees and public transport fares linked to hospital appointments.
- The cost of repairing (or replacing) any personal property damaged during your accident.
- Care costs if somebody had to look after you while you were injured.
- Loss of earnings and future income loss too if your fractured arm prevents you from working now or in the future.
- The cost of modifying your home to help you cope with any ongoing disability resulting from your broken arm.
Our solicitors specialise in accident at work claims and will always spend time with clients to fully understand how they’ve suffered before a compensation claim for a broken arm at work is filed. In all cases, they’ll attempt to secure the highest level of compensation possible.
To give you an idea of the levels of compensation that might be paid for a broken arm at work, we’ve added a small selection of payout amounts below. The figures are based on those from guidelines issued by the Judicial College.
- £39,170 to £59,860 compensation for a broken arm at work that leads to substantial disablement.
- £19,200 up to £39,170 compensation where a broken arm causes significant disabilities but a degree of recovery can be expected.
- £6,610 up to £19,200 compensation for simple fractures of the forearm.
As you can see, broken arm at work payouts are based primarily on the severity of the injury. To help prove this during your claim, in most cases, an independent medical assessment will be required. A specialist will discuss your broken arm with you, examine you, and read through your medical notes before producing their report for both parties involved in the claim. In most cases, our solicitors can arrange these appointments locally.
If you want to claim compensation for a broken arm at work, you should begin your claim within the 3-year time limit. This will start from the date of your accident, or when your broken arm was diagnosed.
If your case is taken on by one of our solicitors, they’ll appreciate it if you start the claim as early as possible. This will give them enough time to collect supporting evidence and arrange for a medical expert to assess your arm.
No, you don’t. However, our solicitors provide a No Win No Fee service for any claim they accept. Therefore, if you decide to claim after breaking your arm at work, you’ll only pay your solicitor if you are compensated.
The easiest way to begin your claim is to call our specialist advisors on 0800 6524 881 and let them explain your options for free. If you have any further queries about how much compensation for a broken arm at work might be paid, please use live chat to get in touch.