Fractured Arm at Work, Can I Claim Compensation?

Ian Lewis[1]

Ian Lewis

Money Savings Advice Fractured arm at work

A fractured arm can happen as a result of a workplace accident. Common causes include slips, trips and falls. You might also have a fractured arm if something has fallen onto you, or if something has hit you at force from the side.

Can I Claim Compensation for a Fractured Arm at Work?

If you’ve fractured your arm at work, seek medical attention and report your injury to a manager or person in charge. You may need time off work, or adjusted duties, and could claim compensation for your injury.

Accidents happen in the workplace, and sometimes nobody’s at fault, though often there will have been negligence that led up to you receiving your injury.

Whether you’ve received the wrong equipment to carry out your job, or something isn’t properly maintained, you’ll need to make sure that the incidents reported and could have a right to compensation.

Learn more about dealing with your fractured arm at work and how you might get the money you deserve.

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The Incident Leading to a Fractured Arm at Work

If you’ve received a fractured arm at work, it’s important to know how to deal with the immediate incident. First, focus on the medical attention you need.

Fractured arms are likely to require an immediate trip to the hospital, though many people don’t realise straight away that their arm is actually fractured. At first, you might think your arm is just bruised and may continue to work through any pain. Make sure that you’ve received first aid for your injury, at the very least.

It’s important that a manager is made aware of your injury. They’re responsible for staff and need to know that an injury has happened in the workplace. As well as creating a verbal record, this gives them the chance to assess the situation and stop the same from happening again.

Recording an Accident at Work

If you’ve fractured your arm at work, the incident needs to be recorded. Every employer should keep an accident book. The accident book might be digital or physical, but should be kept accessible always. Information should be stored in line with data protection regulations.

As soon as possible, an accident should be reported and formally recorded. Details needed for an accurate report include the date, time and place of the incident, what happened and who was involved. Someone else can check the details on your behalf, so an accident report can be filled in even if you need to go to the hospital.

Reporting an Accident at Work

As well as keeping a record in the workplace, an accident that’s led to a fractured arm should also be reported in line with RIDDOR. RIDDOR stands for the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations. This 2013 law ensures that all employers submit details of accidents at work.

RIDDOR reports must be made within ten days of a workplace accident. Reports are required whether or not the employer thinks they were to blame. A person in charge can submit a RIDDOR report online, containing all of the same accurate details contained in workplace accident records.

Even after sending a RIDDOR report, your employer must keep all accident details for at least three years.

Evidence of an Accident Leading to a Fractured Arm

If you’ve ended up with a fractured arm, you may be able to claim compensation. Your compensation claim will only be successful if you prove that your employer was negligent. You’ll want some evidence that you can use during your compensation claim case.

Take photographs of the scene of the incident, or ask someone else to do it for you. These should be taken as close to the time of the accident as possible. You might show how the floor is badly maintained, and the tiles are loose and uneven, how the floor was wet without appropriate signs or how the stockroom ladder broke whilst you were using it.

Photographic evidence can be very powerful, so get it if you have any way to. If you’ve already gone to the hospital, consider asking a trusted co-worker to take some pictures for you.

Evidence can also come in the form of a witness statement. Your colleague may be happy to talk about what happened, but some won’t want to risk a good relationship with their employer. You can remind them that, if an investigation is carried out, they cannot be punished for their role as a witness.

If your arm has been fractured, your hospital records are another useful piece of evidence. Hospital records will prove that you were injured and show when you sought medical help.

What Evidence Will I Need to Claim Compensation for a Fractured Arm?

The first thing to remember is that in order to claim compensation, you must first prove that your employer was negligent. Successfully proving negligence will allow you to pursue compensation for injuries received and expenses incurred.

It is therefore important to gather as much evidence as possible including:-

  • Medical records
  • Witness statements
  • Photographic evidence
  • Medical diagnosis
  • Evidence of short staffing
  • Timeline of events
  • Any safety issues with machinery
  • Details of your pain and suffering post-accident
  • Any problems regarding PPE/safety equipment
  • Evidence of similar injuries in the past
  • The allocation of inexperienced staff to dangerous roles
  • Evidence of substandard training

In a perfect world, you would begin to gather as much evidence as possible immediately after the accident. Unfortunately, there will be occasions where you are unable to gather evidence until a later date due to pain and suffering and perhaps time off work.

Once you have collated as much evidence as possible, it is then time to approach a claims management company to discuss your chances of success.

Will I Need to Appear in Court?

The vast majority of personal injury claims will either be settled out of court or, due to the legal filter system, those cases where there is little chance of success may be dropped. There will be occasions where you may be asked to give evidence in court.

However, this is nowhere near as challenging as many people would have you believe. You will simply be asked to go over your evidence and details of your accident.

Working With a Fractured Arm

An injury like a fractured arm can make it hard to keep doing your job. You might need to temporarily take some time off work, or may need to have your duties adjusted.

You might need to ask your employer if you can work from home for a while, although office workers who regularly use a keyboard may struggle. You shouldn’t try to work through the pain if you’re typing a lot, as you’re more likely to cause serious damage – you need to let your arm heal.

If working from home isn’t possible, your employer may need to find tasks you can easily do. If you’re unable to work, you might need time off which would likely mean you would get Statutory Sick Pay.

Compensation for a Fractured Arm at Work

Your fractured arm may mean that you’re unable to work and losing money. You might also have suffered other losses as a result of the accident. Perhaps your property or clothing was damaged? Maybe you’ve had to pay for prescriptions or travel costs to your local hospital? All these expenses could be claimed back if you’re happy to claim compensation.

You deserve not to be out of pocket for an injury sustained in the workplace. If you can show that your employer was negligent, they may need to pay compensation. That’s why it’s so important to gather evidence after an accident.

You can claim compensation through the county or high courts for a significant injury. Hiring professional representation can increase your chances of success. You may be able to claim back your legal costs if your compensation claim is successful.

If your total losses amount to less than £1,000 (or you’re happy not to claim more), you can choose to claim compensation through the small claims court. The £1,000 limit is the maximum you’ll receive, though you can manage this process on your own and save on the costs of legal fees. At most, you’ll need to pay £70 in court fees that you could claim back.

Before you approach the courts, give your employer time to make things right. Send a recorded letter that details your injury and the losses you’ve incurred. Your employer might find a way to make things better without the effort of going to court.

If you’re unhappy with your employer’s offer, seek legal help or fill in an N1 form online and submit it to start the small claims process.

What Level of Compensation Should I Expect for a Fractured Arm?

Assuming that you were able to prove negligence, you will find there are two different types of damages you may be entitled to.

These are known as general damages:-

  • Financial compensation for your pain and suffering

Special damages:-

  • Reimbursement of expenses associated with your injuries
  • Funding for future medical expenses
  • Compensation for future loss of earnings
  • Funding to cover any adjustments required to your property

The range of compensation available through general damages is limited, using guidance from previous court cases, but there is no limit on special damages.

The specific guidance for compensation relating to a fractured arm is as follows:-

  • Severe injury could see compensation from £76,650 to £104,370
  • Serious fracture/displacement would lead to compensation from £31,220 to £47,720
  • A less severe injury would see compensation from £15,300 to £31,220
  • Simple forearm fracture could see compensation from £5280 up to £15,300

As you’ll see, all of the above compensation scales are above the maximum of £5000, which can be pursued in the Small Claims Court.

Money Savings Advice Tip

If you have suffered a fractured arm at work you could be entitled to compensation. Even if you are not 100% certain that you will qualify for the compensation our expert advice is to seek professional advice. Once you have explained the injury to the professional they can explain if you have a claim and the process.

Who Will Pay for Any Compensation?

Many employees are faced with a moral dilemma when injured in the workplace. Do they pursue their employer and risk removing funds from the business - potentially putting jobs at risk?

Well, it is important to know that legally all businesses in the UK are obliged to have insurance that will cover personal injury claims. As a consequence, any compensation awarded will be paid via the company’s insurance policy with no direct cost to the business.

It is also worth noting that unless negligent third parties are held to account, then procedures will remain unchanged and accidents/injuries will continue to occur. Indeed, those involved in similar accidents in the future may receive more serious/fatal injuries.

When to Claim Compensation for an Accident at Work

If you want to claim compensation, start the process as soon as possible. You’ll have up to three years, but it’s best to take action as soon as you possibly can. This ensures that you have time to gather all of the necessary evidence.

Why not read our online guides to personal injury and compensation claims?

How Can Money Savings Advice Help You With Making a Personal Injury Compensation Claim?

Here at Money Savings Advice, we have partnered with some of the UK’s leading Personal Injury Claims management companies. They have already helped thousands of people claim compensation for injuries they have incurred, and they can do the same for you.

Choosing an independent claims management company means they won’t proceed with a claim unless they are sure it is in your best interests. They are also regulated by the FCA, which gives you an additional layer of protection.

If you would like to speak to one of these claim management companies who can help you make a compensation claim, then click on the below and answer the very simple questions.

Money Savings Advice Author Ian Lewis

Ian Lewis

Ian Lewis is one of our specialist financial writers. Ian has over 15 years of financial writing experience, having worked for some of the largest financial publications in the UK covering topics from mortgages, equity release, loans and financial claims, to name a few.

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