If you’ve suffered a knee injury at work, you could claim compensation if your employer’s negligence caused the accident to happen. In this guide to claiming compensation for a knee injury at work, we’ll explore what types of accidents could lead to a claim, why your employer might be to blame, and how much compensation you could be paid.
Importantly, you shouldn’t worry about taking legal action against your employer. So long as your claim is honest, you cannot be sacked, demoted, or disciplined for claiming damages.
If you are interested in starting a claim, our team could help you. Our advisors review cases on a no-obligation basis during a telephone consultation. They’ll also provide free legal advice on your options. If we believe your claim is strong enough, we could ask one of our personal injury solicitors to review it. Should they decide to represent you, they will work on your case on a No Win No Fee basis.
If you’d like to know more about claiming for a workplace knee injury, please continue reading. Otherwise, please get in touch to start the ball rolling on 0800 6524 881.
Table of contents
- Am I Eligible To Claim Compensation For A Knee Injury At Work?
- Evidence To Support A Compensation Claim For A Knee Injury At Work
- Scenarios That Might Lead To Workplace Knee Injuries
- Common Workplace Knee Injuries
- How Much Compensation Do You Get For A Knee Injury At Work?
- Time Limits For Knee Injury At Work Compensation Claims
- Claiming Compensation For A Knee Injury At Work Using A Personal Injury Solicitor
The rules of the Health and Safety at Work Act 1974 (HSWA) mean that employers have to regularly assess risks in the workplace. While no workplace will be entirely free of dangers, if any problems are identified, your employer should implement changes to reduce them. If they don’t, and you injured your knee at work as a result, compensation could be sought. Technically, a personal injury solicitor will check the following before accepting your case:
- Did your employer breach their legal duty of care because they were negligent?
- Did an accident occur because of that negligence?
- Did your knee injury occur as a result?
If you can answer yes to those 3 questions, you could be entitled to compensation for your knee injury at work. However, you’ll need evidence to support your claim so we shall cover this next.
If you’ve suffered a knee injury at work and are considering a compensation claim you’ll need evidence to support it. To help achieve this you could:
- Take photographs of the accident scene. We would suggest it is best to do this before the cause of the accident is repaired or moved.
- Ask any witnesses for their contact details. If you do make a knee injury claim, your solicitor might request a witness statement to help back up your allegations.
- Report the accident to your employer as soon as possible. By doing so, an accident report will be created. This is something you can request a copy of and it would make it hard for your employer to deny that the accident happened.
- Attend A&E or a minor injuries unit. It is important that your knee injury is properly assessed and treated. Later on, a copy of your medical records could be used to help determine the extent of your injuries.
- Request CCTV footage. If your workplace uses security cameras, you could ask for a copy of any footage that captured your accident happening. This should be a priority task as recordings might not be available for more than a few days or weeks.
- Track your expenses. Keep a diary of all spending that relates to your knee injuries. This is something that might be claimed back.
Our specialist advisors are familiar with what’s needed to win compensation for a knee injury at work. If you’d like them to review your evidence, please give them a call today. Your review and free legal advice come with no obligation but we could provide a solicitor if your claim is strong enough.
As we have said, compensation claims for a workplace knee injury can only be made if they were caused by negligence. Therefore, we have supplied some examples of negligence that might occur. They include:
- If you are not provided with adequate personal protective equipment.
- Where workplace safety training is inadequate or simply not provided.
- If you’re not allowed adequate rest breaks.
- Where machinery and equipment is not maintained according to the manufacturer’s guidelines.
The types of accidents at work that could result in a workplace knee injury include:
- Slips, trips and falls caused by spillages, leaks or cleaning where warning signs aren’t used.
- Falling down a flight of stairs where no handrail is available.
- Lifting awkward heavy loads without suitable lifting aids.
- Objects falling on you because of damaged shelves or racking.
- Being struck by a forklift truck that rounded a corner without sounding its horn.
This is just a sample of the scenarios that might cause a compensation claim for a workplace knee injury.
Common knee injuries that result from accidents and employer negligence at work include:
- Meniscus tear.
- Sprains and strains.
- Torn cartilage.
- Soft-tissue injuries in general.
If you decide to make a claim for a knee injury at work, call us today to discuss what happened for free advice.
No two work injury claims are the same as each claimant will have suffered differently. Therefore, when calculating how much compensation for a knee injury at work you could claim, your solicitor will use two heads of loss:
- General damages – for pain, suffering and loss of amenity.
- Special damages – for any costs or expenses caused by your injuries.
Importantly, general damages include both physical and psychological injuries. Special damages can include any lost earnings (both now and in the future) that your knee injuries have caused as well as medical costs, travel expenses and care costs.
To prove the extent of your knee injury, you may need to attend a local medical assessment. A specialist will examine you, read your medical notes and discuss how you’ve been affected. Afterwards, they’ll list your injuries in a report and provide a prognosis as well.
As each injury is different, it can be challenging to explain how much compensation might be paid for your knee injury at work without medical reports. However, we have added some average compensation amounts (for general damages) below to provide some idea.
- £26,190 to £96,210 compensation for severe knee injuries at work.
- £6,020 to £13,740 compensation for minor knee injuries at work with ongoing symptoms.
- £14,840 to £26,190 compensation for moderate knee injuries at work such as a torn meniscus or dislocated knee.
- Up to £6,020 compensation for minor knee injuries at work.
The figures we’ve supplied are based upon guidelines written regularly by the Judicial College. If you can’t see your specific knee injury listed above, don’t worry as it doesn’t mean you can’t make a claim.
It is important to point out that you could receive more or less compensation than we have listed here. These figures are for guidance only and we cannot guarantee how much you’ll be paid.
In the UK, all personal injury claims have a 3-year time limit. For most workplace knee injury claims, that period will start on the date of your accident. However, some injuries caused by prolonged repetitive actions might take some years to develop. In these cases, the time limit will begin from the date your injuries are diagnosed.
Our advice is to contact us as soon as you can. We will consider your claim and could then pass it to one of our personal injury solicitors. Starting sooner rather than later will make it much easier for them to arrange medical reports and gather any evidence before the limitation period expires.
Please get in touch when you’re ready to begin your claim.
When you decide to make an accident at work claim for a knee injury at work, you might not realise it but you’ll actually be claiming against your employer’s insurance policy. As such, you’ll be dealing with an insurer rather than the company you work for. The main problem here is that, no matter how straightforward your case appears, the insurer won’t pay a penny unless you can explain clearly why their client (your employer) was to blame for your accident and subsequent knee injury.
Our team of solicitors have been helping clients claim damages for over two decades. They understand how insurance companies work and the evidence they’ll need to see. If your claim is taken on, your solicitor will handle much of the claims process for you. They’ll make sure that you don’t have to tackle complex medical or legal questions. Also, they’ll make sure you are kept up to date as your claim progresses.
Importantly, they don’t always accept the first compensation offer they receive. If it is clear that a settlement amount doesn’t cover your suffering, they’ll discuss it with you and could go back and negotiate for a higher amount.
If you’d like to discuss with a solicitor how much compensation for knee injury at work you could claim, please give our advisors a call on 0800 6524 881 for a free case review.