Can I Sue My Employer If I Fell at Work and Hurt My Knee?

Knee injuries are fairly common after any type of fall. They can be extremely painful, and debilitating and they can cause problems in many aspects of your daily life. As such, you might be wondering, “Can I sue my employer if I fell at work and hurt my knee?”. Typically, the answer is ‘yes’ you can, provided your claim meets the necessary eligibility criteria. You’ll read about those criteria throughout this guide and we’ll answer many common questions about knee injury claims as well.

If you’ve suffered a knee injury from a fall at work and want to sue your employer, we can help. Initially, we’ll assess the merits of your case as part of a free initial consultation. As well as answering your questions, your advisor can provide legal advice about what action, if any, you can take. If you decide to sue your employer, an accident-at-work solicitor could manage the whole claims process on your behalf on a No Win, No Fee basis.

To see if you have the necessary grounds to sue for a fall at work causing a knee injury, you can:

• Give us a call now on 0333 241 2519.
• Connect to our live chat service right away.

Please get in touch with any queries or read on for more on how knee injury compensation claims work.

Common Knee Injuries Caused by Falls at Work

In theory, anything other than the most minor knee injury could enable you to sue your employer following a fall at work. Some of the most common examples include:

• Torn meniscus.
• Dislocated kneecap (patella).
• Soft tissue damage.
• Breaks, fractures and dislocations.
• Cartilage damage.
• Torn tendons.
• Severe bruising.
• Sprained or strained knee.

Some knee injuries can increase the risk of osteoarthritis in the future so this risk would need to be assessed as part of the claims process. If you’d like to sue your employer after hurting your knee in a fall at work, please call the number above and speak to an advisor today.

Can I Sue If I Fell Over and Hurt My Knee at Work?

Our solicitors will only be able to help you sue for work-related knee injury if:

• Your employer owed you a duty of care at the time of your accident.
• Your fall at work occurred in the last three years as a result of your employer’s negligence.
• During the fall, you hurt your knee.

It is important to clarify that all 3 criteria must be met if you’re to sue your employer. For instance, if you fell at work in an accident that your employer could not have possibly foreseen or prevented, you probably wouldn’t have the grounds to take legal action.

Shortly, we’ll provide some examples of the types of accidents that could enable you to sue your employer for a knee injury at work so please read on.

What Can Employers Do to Prevent Falls in the Workplace?

All employers in the UK have a duty of care towards the well-being of their employees whilst they are at work. This is legally established by the Health and Safety at Work etc. Act 1974 (HASAWA).

This duty means that practical and reasonable steps should be taken to try and prevent workplace falls (including those that could cause knee injuries) such as:

• Performing workplace risk assessments regularly to identify potential hazards.
• Installing safety devices such as handrails to try and prevent falls.
• Providing staff with free Personal Protective Equipment (PPE) such as kneepads where needed.
• Ensuring staff receive adequate safety training.
• Keeping the workplace as tidy and organised as possible to reduce trip hazards.

Failure to perform such actions as those listed here could mean that the employer was negligent. As such, you might be able to sue your employer for any subsequent suffering. Please get in touch to find out more.

Examples of When You Could Sue for a Knee Injury After a Fall

Here are just a few examples of the types of incidents that could cause you to fall and hurt your knee at work:

• Where a waiter tripped on extension cables laid across a pub floor and twisted his knee.
• A construction worker smashed her knee and sustained multiple fractures after falling into an excavation due to a lack of warning signs or safety fencing.
• Where an agency worker in a warehouse tripped on a damaged flooring tile and sustained a dislocated patella.
• A manager slipped on a wet floor in a staff room and suffered extensive soft tissue damage to their knee because of a lack of warning signs.

These are just a few examples of what may cause workers to fall and hurt a knee at work. Remember, so long as the accident can be linked to employer negligence, one of our accident-at-work solicitors may offer to help you sue them. Please call for more information.

I Fell and Hurt My Knee at Work – What Should I Do?

If you’ve fallen and hurt your knee at work and are considering suing your employer for negligence, there are certain things you should consider doing to protect your rights. These include:

• Visit your workplace first aider for immediate assistance, and then see a doctor for a thorough examination to understand the extent of your injury. This will provide you with medical records that are crucial if you decide to sue for compensation.
• Report your fall and knee injury to your employer and ensure the incident is recorded in the company’s accident book.
• If you are a union member, inform your union representative.
• Take notes on how the fall occurred and any factors contributing to it, such as loose cables or inadequate lighting.
• If possible, take photos of where the accident happened and what caused it.
• Keep all documentation related to medical treatments and expenses.
• Collect proof of any financial losses due to the fall and knee injury, such as receipts for medical expenses, travel costs for treatment, and loss of earnings if you’re unable to work.

Please get in touch with a legal advisor if you’d like an assessment of any evidence you’ve managed to secure so far.

How Long Do I Have to Sue My Employer?

Legally, there is a 3-year time limit for any type of personal injury claim in the UK. As such, if you decide to sue your employer after hurting your knee in a fall at work, you’ll need to begin within 3 years of the date of your accident.

The Limitation Act 1980 (which sets the claims time limit) enables claims to be dismissed if they are started too late. This means that you could miss out on any compensation you might be entitled to.

Therefore, we suggest that you begin the claims process by calling our legal advisors as soon as possible following a fall and knee injury at work.

How Much Compensation for a Fall and Knee Injury?

If you make a successful claim for a fall and knee injury against your employer, you’ll typically receive compensation formed of:

• General damages – to cover any pain, suffering, discomfort and loss of amenity your knee injury has caused.
• Special damages – to reimburse any costs or expenses linked to your knee injury.

To ascertain how badly you’ve hurt your knee and how your injury is likely to affect you in the future (if at all), your solicitor will book a medical assessment with an independent specialist. Their report, along with your medical records, will help your solicitor value the general damages element of your claim.

If you successfully sue your employer for a fall at work that caused a knee injury, the special damages element of the claim could cover:

• The cost of mobility aids including a wheelchair.
• The cost of making changes to your home that make accessibility easier.
• Medical expenses.
• Travel costs.
• The cost of care and support at home.
• Lost income including any future reduction in earnings.

Our solicitors understand exactly what you might be entitled to claim so will work with you to get a full understanding of how you’ve suffered before filing your case if it is taken on.

Should I Employ a Solicitor If I Sue My Employer?

If you try to sue your employer, they will normally pass the claim on to their insurance provider. Insurers generally try to limit how much compensation they pay in accident-at-work claims by defending the case as much as possible.

As such, you may wish to instruct a solicitor to fight your corner in any negotiations and to try and secure as much compensation as possible.

If you’d like to sue your employer for a fall and injured knee and your case is accepted by one of our workplace accident solicitors, they will:

• Gather as much evidence as possible to try and prove your case.
• Collect witness statements where needed.
• Deal with your employer’s insurers for you so that you don’t need to speak to them.
• Send you regular updates about the progress of your claim.
• Only settle your claim if they believe the compensation offer covers all of your suffering.

All of this work will be performed on a No Win, No Fee basis if you sign a Conditional Fee Agreement (CFA). This type of contract means that no payment for your solicitor’s work is needed unless compensation is secured.

The CFA will include the success fee percentage that will form your solicitor’s success fee if the claim is won. For your protection, the maximum percentage a solicitor can deduct from your settlement is 25 per cent when using a CFA.

To check if you can sue your employer for a fall and hurt knee on a No Win, No Fee basis, please call our legal advisors now.

Will My Claim Go to Court?

If you sue your employer after falling and hurting your knee at work, it’s far more likely that your solicitor and your employer’s insurers will reach an out-of-court settlement.

That said, your solicitor may head to court as a last resort if a fair settlement cannot be achieved.

How Long Do Workplace Injury Claims Take?

Each workplace injury claim is unique and, as such, it’s not possible to say how long your claim might take at this stage.

The duration of the claims process is largely dependent on how seriously your knee was hurt and whether or not your employer admits liability for the fall that caused it.

For instance, if you sustained a badly swollen knee after twisting it from tripping on cables at work, you could be compensated in around 4 or 5 months after making a complete recovery (if the claim is not contested).

On the flip side, a claim could take more than a year in some cases. This might be the case, for instance, if you need multiple surgeries to try and repair the damage to your knee. This extra time would enable medical specialists to assess whether there is any permanent damage or whether your injury will affect your ability to function normally in the future.

To check how long it might take to sue your employer after hurting your knee in a fall at work, please call now.

Contacting Us About a Knee Injury After a Fall at Work

We believe our guide has generally answered the question, “Can I sue my employer if I fell at work and hurt my knee?”. However, if you have decided that you’d like to know more about your options, you can:

• Call our legal advisors on 0333 241 2519 to discuss your case.
• Use our free online chat service any time of day or night.

We provide a free initial consultation for all workplace injury claims. There’s no obligation to start a claim but after your phone call, we could connect you with a solicitor if a claim is feasible. If you decide to proceed, your solicitor will manage your case from start to finish on a No Win, No Fee basis.