How Much Compensation for a Broken Elbow at Work?

If you have broken your elbow following an accident at work, you might be entitled to claim compensation if your employer’s negligence caused it. Any such compensation could cover the pain and suffering you’ve endured plus any impact on your life in the future. In this guide, we’ll explore when it’s possible to claim compensation for a broken elbow at work, how the claims process works and how much compensation you might receive.

If you contact us, before starting a broken elbow compensation claim, a specialist advisor will consider your case, review the evidence and provide free legal advice about your next steps. If your claim appears feasible, one of our accident-at-work solicitors might offer to manage your claim. If they do, you’ll benefit from their No Win, No Fee service and you’ll only pay for their work if you are compensated.

To check if you could claim for a broken elbow at work, you can:

• Call now on 0333 241 2519 to speak to a legal advisor.
• Connect to our live chat service 24 hours a day.

Please read on for more on how broken elbow claims work or give us a call if you have any questions.

What Types of Broken Elbows Can We Help With?

Three bones make up the elbow joint: the ulna, radius and humerus. A broken elbow is where any of these 3 bones is fractured.

Compensation claims may be possible if you’ve broken your elbow at work in an accident linked to employer negligence.

Here are some of the types of broken elbows we can help with:

• Radial Head Fractures: These occur at the head of the radius bone, just below the elbow, and often result from a fall at work onto an outstretched hand.
• Olecranon Fractures: The olecranon is the pointed bone at the tip of the elbow, part of the ulna. Fractures here can occur from a direct impact or through more indirect trauma, such as when the triceps muscle forcefully contracts.
• Distal Humerus Fractures: This type of broken elbow involves the lower end of the humerus which forms part of the elbow joint and is typically the result of a direct blow or fall.
• Epicondyle Fractures: The epicondyles are the bony bumps on either side of the humerus. Medial epicondyle fractures (inside the elbow) and lateral epicondyle fractures (outside the elbow) can occur, often due to a fall or, in some cases, repetitive stress.
• Supracondylar Fractures: These fractures occur just above the elbow joint on the humerus and are often caused by falls from heights.
• Monteggia Fractures: This type involves a fracture of the ulna along with dislocation of the radial head at the elbow joint. It’s usually the result of a direct impact on the forearm.

Broken elbow injuries can be sustained in a variety of different accidents at work so whatever has caused yours, please contact our legal advisors now if you believe you may be entitled to compensation

Can I Make a Broken Elbow at Work Claim?

While some accidents that cause a fractured elbow are simply unavoidable, employers have a legal obligation to take precautions to try and prevent workers from being injured in the workplace. This ‘duty of care’ is set out in the Health and Safety at Work etc. Act 1974 (HASAWA). Other laws may also be relevant in specific circumstances (such as the Work at Height Regulations 2005).

Some examples of the types of reasonable steps employers could take to help meet their HASAWA obligations include:

• Providing all staff with adequate health and safety training.
• Carrying out workplace risk assessments regularly.
• Ensuring all work tools, equipment and machinery is safe to use and properly maintained.
• Providing free Personal Protective Equipment (PPE) to staff where needed.

If you’ve broken your elbow at work and believe your employer’s negligence caused your accident, we could help you start a claim if:

• Your employer owed you a duty of care at the time of your accident.
• The accident occurred as a result of your employer’s negligence.
• You sustained a broken elbow in the last three years as a direct consequence of that accident.

To find out if you should be compensated for a broken elbow at work, please feel free to call the number above now to discuss your case with a legal advisor.

What Types of Negligence Can Lead to a Broken Elbow at Work Claim?

Here are a few examples of when an accident at work could lead to compensation for a broken elbow:

• If you fell from a poorly maintained ladder and broke your elbow because the ladder gave way.
• Where you tripped on damaged flooring at work and broke your elbow after using your hands to break your fall.
• If you sustained a broken elbow after an untrained forklift operator collided with you in a warehouse.
• Where you sustained multiple arm injuries and a broken elbow after you were crushed by falling items due to damaged shelving or racking.

There are plenty of other workplace incidents that could lead to a broken elbow compensation claim. Therefore, even if your accident is not described here, please contact our legal advisors now for free advice.

What Evidence Can Be Used for Broken Elbow Compensation Claims?

Without evidence, the cause of your broken elbow at work could easily become a case of your word against your employers. This can make it much harder for an agreement to be made regarding liability for the accident and how much compensation for a broken elbow should be paid.

Your case will be significantly stronger if you have evidence to prove how your accident occurred, how you’ve been affected and why your employer is to blame. This could include:

• Accident scene photographs.
• Medical records that confirm the extent of your broken elbow (including x-rays).
• Details of any potential witnesses to your accident.
• Video footage such as CCTV or dashcam recordings.
• An accident report form to confirm where and when you were injured.

The more evidence you have to support your case, the better. That said, please feel free to call us even if you don’t have everything listed here. One of our solicitors may still offer to try and secure compensation for a broken elbow at work on your behalf and collect any further evidence to support your case as part of their service.

How Long Do I Have to Claim Broken Elbow Compensation?

In the UK, you generally have three years from the date of the accident to make a compensation claim for a broken elbow sustained at work. This three-year limitation period is standard across most personal injury claims, including those related to workplace injuries. This is set by the Limitation Act 1980.

Crucially, while there are some exceptions to this rule in certain circumstances, for instance, if you’re under 18 or the victim is mentally impaired, claims can be refused if they become statute-barred i.e. made outside of the 3-year limitation period. Therefore, we’d always suggest that you seek legal advice about your options at your earliest opportunity.

How Much Compensation for a Broken Elbow at Work?

Compensation levels in successful broken elbow claims will generally vary from case to case due to specific circumstances. Two heads of loss (general and special damages) are used to put a value on any payout received.

General damages is compensation for any pain, suffering and loss of amenity your broken elbow has caused. To put a value on this element of your claim, your solicitor may use your personal statement, an independent medical assessment and copies of your medical records.

Once they understand how you have suffered, they’ll compare your injuries to those listed in the Judicial College Guidelines (JCG). We’ve used settlement brackets from the JCG in our broken elbow compensation list for reference (but please understand they’re for guidance only).

• A broken elbow at work which has fully resolved within 18 to 24 months could be worth up to £6,100.
• Compensation in the region of £7,390 may be appropriate where most symptoms resolve within 18 to 24 months, but minor symptoms persist.
• Around £4,310 for a broken elbow which has fully healed after about one year.

Special damages cover costs, losses and expenses linked to your broken elbow at work. Therefore, they could cover:

• The cost of a carer at home while you were recovering.
• Medical and rehabilitation costs.
• The cost of any home adaptations required to improve your quality of life if your broken elbow causes long-term disability.
• Lost income.
• Travel expenses.
• Future loss of earnings.

As you might expect, any costs you claim are caused by your broken elbow must be proven. Therefore, you should try to keep hold of any financial documents (receipts, wage slips and bank statements) to help prove your case.

Can I Claim for a Broken Elbow if I’m Not a Full-Time Employee?

It does not matter what type of employment contract you are on – your employer will owe you the same duty of care concerning workplace safety as all other staff.

As such, our solicitors can help all workers claim compensation for a broken elbow at work including the self-employed, subcontractors, zero-hours staff, consultants and part-time workers.

Please call us now if you’d like your case reviewed for free.

Do You Need a Solicitor to Make a Broken Elbow Compensation Claim?

If you decide to sue an employer for negligence causing a broken elbow at work, you might find that taking on legal representation will make the claims process much smoother. Working with a solicitor who specialises in workplace injury claims means you won’t need to face any complex legal questions directly and their skills could help to ensure that you receive a fair level of compensation.

If one of our solicitors agrees to manage your broken elbow claim, they’ll:

• Ensure that your claim is filed properly and on time.
• Prepare as strong a case as possible backed up by supporting evidence.
• Negotiate on your behalf to try and counter any objections raised.
• Make sure that you are aware of how your claim is progressing.
• Aim to secure the maximum level of compensation possible.

What’s more, your solicitor will act on a No Win, No Fee basis if you both agree to work together. This means that after you’ve signed a Conditional Fee Agreement (CFA), you won’t have to pay for any of your solicitor’s work unless you are awarded a compensation payout.

The CFA explains that if the claim is won, a percentage of your settlement will be deducted as your solicitor’s success fee. For your protection, this is capped at 25 per cent of any damages awarded by the Conditional Fee Agreements Order 2013.

Why not call our legal advisors now to find out whether you could make a No Win, No Fee broken elbow compensation claim?

Will I Lose My Job if I Claim Compensation for a Fractured Elbow?

If you file a claim for a personal injury at work against your employer, you should not face any repercussions for doing so. Therefore, you should not worry about being dismissed, punished, demoted, bullied or picked on in any way simply for making a personal injury claim against your employer.

Any such action could be illegal and may enable you to seek separate compensation for unfair or constructive dismissal.

If your fractured elbow claim is taken on by one of our solicitors, they’ll communicate with your employer (and their insurers) on your behalf to minimise the amount of contact you’ll have with them about your claim.

How Long Do Injury at Work Claims Take?

The time it takes for a broken elbow injury claim to be settled will vary from case to case. Several factors will determine how long your claim takes including how long it takes for liability to be agreed upon and the severity of your injury.

For instance, you could be paid compensation in around 6 months if your employer accepts they caused your accident right away and you’ve made a complete recovery from your injury.

If you suffered a more serious elbow fracture that will cause a long-term disability, the claims process could take a year or longer but you could receive interim payments while the claim is being processed. The extra time might be needed so that specialists can try to ascertain exactly how you’ll suffer in the future and for how long.

Contacting Us About a Broken Elbow Compensation Claim

If you’ve suffered a broken elbow at work and believe you’re entitled to claim compensation, why not contact our legal advisors now by:

• Calling 0333 241 2519.
• Connecting to our online chat system (available 24 hours a day).

When you get in touch, your claim will be assessed by a specialist for free. You’ll also be offered no-obligation legal advice about how to proceed with your claim. If your broken elbow compensation claim is strong enough, we could ask one of our No Win, No Fee solicitors to represent you.