When Could You Claim For A Broken Hip At Work?

If you’ve sustained a broken hip at work because your employer breached their duty of care and want to know if you’re owed personal injury compensation, this guide could help. It will discuss when you’re eligible to make an accident at work claim, how long you have to do so, the evidence you can use to support your case, and how compensation for a broken hip is calculated.

broken hip at work

When Could You Claim For A Broken Hip At Work?

Additionally, we explore an employer’s duty of care and the responsibility they have with regard to your health, safety and well being. You can also find examples of how an accident at work could occur and the injuries that could be sustained as a result.

We’ve also included information on the benefits of working with a No Win No Fee solicitor from our panel.

If you have any questions about accident at work claims whilst or after reading, please get in touch with an advisor. You can reach them via the contact details below:

Select A Section

  1. When Could You Claim For A Broken Hip At Work?
  2. Examples Of Hip Fractures You Could Claim For
  3. What Evidence Could Support A Broken Hip At Work Claim Against Your Employer?
  4. Payouts For Broken Hip At Work Claims
  5. When Could A No Win No Fee Solicitor Help You?
  6. Further Guidance On Accident At Work Claims

When Could You Claim For A Broken Hip At Work?

A duty of care is owed to employees by their employers, in accordance with the Health and Safety at Work etc. Act 1974. This duty requires them to take all reasonable and practicable steps to prevent employees from being injured at work or as they perform their work-related duties.

A failure to uphold this duty could potentially lead to an accident in which you sustain a broken hip at work. However, in order to begin a personal injury claim for workplace accident, you need to prove:

  • Your employer owed you a duty of care at the time and place of the accident.
  • There was a breach of this duty.
  • You experienced a physical and/or psychological injury as a result of the breach.

How Long Do You Have To Claim For A Broken Hip At Work?

In addition to meeting the criteria above, you need to start legal proceedings within the relevant limitation period. Generally, you have 3 years to begin a personal injury claim following an accident at work from the date of the accident. This is stated in the Limitation Act 1980.

There are exceptions to the time limit for an injury at work that can apply in some circumstances, such as if the party has a reduced mental capacity or is under the age of 18.

To find out more about the time limit exceptions and whether you’re eligible to start a claim for a broken hip at work, get in touch with our advisors today.

Examples Of Hip Fractures You Could Claim For

Below, we have provided some examples of how a hip fracture or broken hip at work could be sustained. However, please note, it may not be possible to claim following an accident at work. You must meet the eligibility criteria mentioned above in order to have valid grounds to do so.

  • Slips, trips, and fall – A worker might fall down a flight off stairs due to inadequate lighting in the stairwell at work, despite reports having been made to the employer about the hazard. As a result, they might sustain a hip injury and head injury.
  • Warehouse accident – Warehouses can be used to store heavy stock. Equipment, such as a forklift truck, may be used to help move stock around the warehouse. If an employee was not given any training before being instructed to operate this machinery, it could cause them to crash and sustain a hip injury.
  • Construction site accident – Your employer might have failed to carry out any risk assessments or address any known hazards on the site. As a result, you end up trapped under machinery that wasn’t adequately secured causing you a crush injury to your pelvis and hips.

If you’ve broken your hip at work because your employer breached their duty of care and you want to know if you’re eligible to make a claim for compensation, get in touch today. Our advisors are always ready and waiting to assist you.

What Evidence Could Support A Broken Hip At Work Claim Against Your Employer?

A claim for a broken hip at work needs to be supported with evidence as it can help prove that your employer breached their duty of care, and this is what caused your injury. Examples of evidence you could gather include:

  • Workplace accident book – All workplaces with 10 or more employees require a workplace accident book. You can request a copy of the incident report to show information regarding the accident and your injuries.
  • Video evidence – You have the right to request CCTV footage in which you appear.
  • Photographs – It’s helpful not only to take pictures of any visible injuries, but also the workplace hazards that caused them.
  • Witness contact details – If fellow colleagues or someone else saw the accident, then take down their contact information so a statement can be taken from them later on.
  • Medical records – You can request a copy of these as well as keep hold of any test results and letters from your doctor. You might also be asked to attend an independent medical assessment which can produce a report with more details about your injuries and how they’re likely to affect you in the future.

If you choose to work with one of the No Win No Fee solicitors on our panel, then gathering evidence is just one of the services they can provide to assist you in seeking accident at work compensation.

Get in touch with our team on the number above to find out more about how a solicitor could help you and whether you’re eligible to have them represent your case.

Payouts For Broken Hip At Work Claims

Personal injury compensation payouts awarded in successful claims can be comprised of two heads of loss – general damages and special damages. The former addresses your pain and suffering caused by the injuries, physical and/or mental, while the latter can account for the financial impact of your injury.

Those responsible for calculating general damages have various resources to assist them in doing so. One of these is a publication called the Judicial College Guidelines (JCG) which contains guideline compensation brackets for different types of injuries, such as those to the pelvis and hips.

Compensation Table

We’ve provided some extracts from the JCG in the table below. Please use them as a guide only. Also, keep in mind that the top entry has not been taken from the JCG.

Edit
Injury Severity Level Notes Compensation Bracket – Guidelines
Multiple serious injuries plus financial losses Severe Compensation for various physical and/or psychological injuries of a serious nature alongside financial losses, such as loss of earnings and medical expenses. Up to £250,000+
Pelvis and Hip Injuries (a) Severe (i) Fractures to the pelvis will be extensive and include a ruptured bladder and a dislocation in the lower back. £78,400 to £130,930
(a) Severe (ii) Injuries in this bracket can include traumatic myositis ossificans with formation of ectopic bone around the hip. £61,910 to £78,400
(a) Severe (iii) Injuries in this bracket can include a fracture of an arthritic femur or hip where a hip replacement is needed. £39,170 to £52,500
(b) Moderate (i) Any permanent disability that’s caused is not major, despite the injury to the pelvis or hip being significant. £26,590 to £39,170
(b) Moderate (ii) Cases may involve hip replacement or other surgery. £12,590 to £26,590
(c) Lesser (i) A fracture injury with a complete recovery within a couple of years is covered in this bracket. £3,950 to £12,590
(c) Lesser (ii) Complete recovery from minor soft tissue injuries. Up to £3,950

Claiming Special Damages

As mentioned above, payouts awarded in successful claims can also include special damages. This head of loss awards compensation to reimburse financial losses caused by your broken hip. Evidence is required to support these losses, so make sure to hold on to receipts and payslips, among other helpful documentation.

Here are a few examples of what costs you could claim back:

  • Loss of earnings if you have been unable to work because of your injury.
  • Medical expenses, such as for prescriptions or mobility aids.
  • The cost of adaptations to your home, such as for a ramp installation.
  • Travel costs, such as public transport or taxis to and from medical appointments.

For a free valuation of your personal injury claim for a broken hip at work, get in touch with our advisors today.

When Could A No Win No Fee Solicitor Help You?

You can access the services of one of the solicitors from our panel with a form of No Win No Fee arrangement in place called a Conditional Fee Agreement (CFA). Under the terms of this arrangement, no fee is taken for the services they provide upfront, while your claim proceeds, or if the claim fails.

A solicitor will take a success fee from your compensation if your claim is successful. This fee takes the form of a legally capped percentage of your compensation, so you are always guaranteed the majority of your awarded settlement.

How Our Team Could Help 

By getting in touch with our advisors today, you’ll receive free advice and guidance regarding your personal injury claim for a broken hip at work. If our team determine your claim could be valid then they could connect you with a No Win No Fee solicitor from our panel to help you begin the process of seeking compensation.

For more information, you can reach out using any of the following methods:

Further Guidance On Accident At Work Claims

More helpful accident at work claims guides from us:

Additional external resources:

Thank you for reading our guide on when you can claim for a broken hip at work. If you have any other questions, please call an advisor on the number above.