How Much Compensation for a Broken Toe at Work?

In some cases, you might think that breaking a toe at work is just one of those things that you’ll get over in time. However, toe injuries can be quite debilitating and result in a lot of pain and inconvenience. Therefore, if you’ve suffered a broken toe at work because of your employer’s negligence, you might decide to seek compensation for your suffering. This guide explores when you could claim compensation after breaking a toe at work, how the claims process works and what evidence could make your claim stronger.

To help you get started, we offer a free initial consultation. In the call, no-obligation legal advice will be offered by one of our specialists after they’ve assessed your claim. If they believe you have a strong broken toe claim, they could connect you with an accident-at-work solicitor. They provide a No Win, No Fee service if your case is accepted which should result in a much less stressful claims process.

To learn more about how we can help, you can:

• Call our legal advisors on 0333 241 2519.
• Connect to our live chat to speak to an online advisor.

You’ll find plenty of useful information about broken toe injury claims throughout this guide but please contact us if you need any further information.

What Types of Broken Toes Can We Help With?

Four of your toes are made up of 3 phalanx bones whereas your big or great toe only has two. When one of these bones is crushed, trapped or knocked, you may suffer a broken toe or toe fracture (the words broken or fractured mean the same thing in this scenario).

The most common types of broken toe injuries sustained in accidents are:

• Middle Phalanx Fractures: These fractures affect the middle bone of the toe and can result from impacts or excessive bending.
• Proximal Phalanx Fractures: These fractures occur in the bone closest to the foot and can be caused by severe impacts or twisting injuries.
• Hairline Fractures: Also known as stress fractures, these are tiny cracks in the bone that develop over time, normally due to repetitive stress or overuse.
• Comminuted Fractures: This type of fracture occurs when the bone is shattered into several pieces, typically as a result of a severe impact.
• Compound Fractures: This type of broken toe where the bone breaks and pierces through the skin is serious and requires immediate medical attention to prevent infection.

Usually, a broken toe will be treated by splinting or taping along with rest. In some circumstances, you may need surgery to try and fix a broken toe if it is badly displaced.

Can I Make a Broken Toe at Work Claim?

You could have grounds to claim compensation for a broken toe at work if:

• At the time of your accident, your employer owed you a duty of care; and
• Your employer’s negligence caused an accident in the last three years; which
• Caused you to sustain a broken toe or toes.

In most accident at work claims, it’s not too difficult to prove that you were owed a duty of care because, in most cases, the Health and Safety at Work Act 1974 applies. As such, it’s more important to prove how the accident occurred and why your employer is liable for your injuries.

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

For reference, we’ve listed a few scenarios where employer negligence could result in a broken toe at work compensation claim:

• If you stubbed your toes and broke them after tripping on a pothole or raised paving slab in the company car park.
• If your employer failed to provide protective footwear and your toes were broken after a heavy load was dropped on them.
• Where you sustained broken toes at work in a warehouse accident because an untrained forklift driver drove over your foot.
• If you broke your toes after tripping on steps in a factory because of poor lighting meant you didn’t see the trip hazard.
• If your toes were crushed in the workplace when a pressing machine in a factory failed to stop despite the emergency button being pressed.

If you’ve broken your toe at work in a different type of accident, please let us know and we’ll assess your case for free.

What Should I Do If I Sustain a Broken Toe in the Workplace?

If you break a toe or several toes at work, you should:

• Visit A&E, your GP or a minor injuries unit for tests. An x-ray might be needed to confirm a broken toe injury.
• Tell your employer how the accident occurred.
• Ensure the incident is recorded in the company’s accident report book.

These steps will give your employer the chance to adapt procedures so that similar incidents don’t occur in the future. They may also provide you with some of the evidence you’ll need to support a broken toe compensation claim if you go on to make one.

What Evidence Can Be Used for Broken Toe Compensation Claims?

To strengthen your chances of being paid compensation for a broken toe at work, you’ll need to build as strong a case as possible. This means supplying evidence to show what happened and how you’ve suffered. Examples of evidence that could help to prove your case include:

• Photographs of any visible signs that your toe is broken (deformities, bruising etc).
• Medical records including x-rays to help prove your diagnosis.
• A copy of the accident report form to help prove the date and location of the accident.
• Witness statements if your accident was seen by others.
• CCTV footage and accident scene photographs.

If you work with a work injury solicitor from our panel, they may offer to find further evidence to support your claim where necessary. If you’d like us to check if there’s enough information for you to begin a broken toe at work claim, please call now.

How Long Do I Have to Claim Broken Toe Compensation?

The legal time limit for personal injury claims is 3 years in the UK. This is defined in the Limitation Act 1980. When claiming for broken toe at work compensation, your limitation period normally begins from the date of your accident.

As the law enables compensation claims to be refused if they are started outside of the 3-year time limit, it’s a good idea to begin the claims process as soon as you can.

To check how long you have to start a toe injury claim, please call now.

How Much Compensation for a Broken Toe at Work?

The level of compensation paid for a broken toe at work will depend on how much suffering you’ve endured. For instance, if you’ve broken your little toe and recovered within 6 weeks, you’d be awarded less compensation than if your big toe had to be amputated after being crushed at work.

If your claim is successful, your pain and suffering will be covered by the head of loss called general damages. To value this part of your claim, medical evidence along with independent medical reports will be reviewed by your solicitor. They may then check settlement levels for broken toes listed in the Judicial College Guidelines (JCG). We’ve used JCG data in our broken toe compensation list below but please note that the amounts displayed are for guidance, not guaranteed payouts.

• A moderately broken toe at work involving straightforward fractures can be worth up to £9,600 depending on whether it has fully resolved and other factors.
• Multiple fractures to several toes with some permanent disability might see an award of £9,600 – £13,740.
• Injuries that are the most severe, for instance those that involve toes being amputated with significant on-going symptoms, £13,740 – £21,070.

In addition, you could receive additional compensation (special damages) to cover any financial losses caused by your broken toe. This can cover:

• Any income lost while you were injured.
• Medical treatment costs.
• Travel expenses.
• Property replacement costs.
• The cost of care and support at home.
• Future loss of earnings.
• Home adaptations if your broken toe results in a permanent disability.

It is crucial to prove any costs you include in a broken toe at work claim. As such, you should retain any important receipts, bank statements or wage slips that could help to prove your case.

Can I Claim for a Broken Toe if I’m Not Employed Full-Time?

You don’t need to be a full-time employee to claim compensation for a broken toe at work. That’s because, no matter what type of employment contract you have, your employer has a legal duty of care towards your health and safety at work.

Therefore, if your employer’s negligence has resulted in you sustaining a broken toe whilst working, one of our solicitors could help you to claim. This includes those working as contractors, agency workers, zero-hours staff and consultants amongst others.

Please get in touch now for more information.

Can I Be Sacked for Suing My Employer?

You should not face any negative repercussions for starting a personal injury claim against your employer. So long as you submit a claim for a genuine injury after breaking a toe at work, it would be illegal for your employer to take any type of action against you.

For instance, if you were bullied, demoted, denied training or even sacked as a result of your claim, you could have grounds to begin separate legal action for unfair or constructive dismissal.

Do You Need a Solicitor to Make a Broken Toe Claim?

Legally, you’re not obligated to have a solicitor when making a claim for a work-related personal injury against your employer. However, most claims are handled by insurance companies who may try to limit how much compensation you’re awarded or refuse the claim altogether.

As such, having a solicitor on your side could improve your chances of being paid compensation and should mean the claims process is much more straightforward.

If you work with one of our solicitors, they’ll manage your broken toe at work compensation claim from start to finish. You won’t need to get involved in any arguments regarding liability and your solicitor will handle all negotiations regarding settlement amounts if the claim is successful.

To reduce the financial risks of taking on legal representation, our solicitors offer a No Win, No Fee service for any case they take on. This means that you don’t have to pay them upfront for their work so long as you sign a Conditional Fee Agreement (CFA).

The CFA means you only pay for your solicitor’s work if the claim is won. If that happens, they’ll deduct a percentage of your compensation to cover their success fee. For your protection, that percentage is legally capped at 25 per cent when using a CFA.

To see if you could make a No Win, No Fee broken toe claim, please contact our legal advisors now.

How Long Does a Workplace Injury Claim Take?

The time it takes for a broken toe injury claim to be settled varies from case to case. That’s because several factors things will need to happen before the claim can be settled including:

• Proving the extent of your injuries.
• Proving liability for the accident.
• Determining if your injuries have healed or if they’ll continue to cause problems in the future.

For instance, if you suffered a minor toe fracture which has completely healed, you could receive compensation in a matter of 4 to 5 months if liability for the accident is accepted.

Conversely, if you suffered a badly broken bone that has left you with a permanent limp despite surgery, the claim could take 9 months to a year (or more) while medical professionals try to understand your prognosis.

If you’d like to know how long your broken toe at work claim might take, please get in touch today.

Contacting Us About a Broken Toe at Work Compensation Claim

We’re ready to help if you’d like to claim for a broken toe injury at work. You can get free advice about how to proceed by:

• Calling 0333 241 2519 to speak with a legal advisor.
• Using our online chat service at any time.

You aren’t obliged to start a claim after speaking with us but, if you decide to proceed and your case is accepted, your broken toe at work claim will be managed on a No Win, No Fee basis.