If you’ve experienced a knee injury following an accident in the workplace, you may be entitled to seek knee injury at work compensation. This guide will explore the eligibility criteria you will need to meet in more detail.
Employers owe their employees a duty of care to prevent them from experiencing harm in the workplace. If they fail to do so, it could lead to an accident at work occurring. We will look at examples of how this could happen and the harm that could be sustained as a result.
We will also explore how long after an accident at work you can claim, the evidence you can gather to support your potential claim and the benefits of seeking legal advice from experienced accident at work solicitors.
If you have any questions after reading, you can get in touch with an advisor from our team. They are available 24/7 to help. You can get in touch by:
- Calling the number above
- Speaking with an advisor via the live chat feature below
- Using the contact form on our website
Knee injury at work compensation claims guide
Can You Receive Knee Injury At Work Compensation? – A Guide
You may have had an accident at work and are wondering ‘can I claim for my injury at work’?. In order to seek knee injury at work compensation, you must meet the eligibility criteria. These are:
- Proving someone owed you a duty of care
- Showing they breached the duty of care they owed you
- Demonstrating you were injured, either physically or psychologically, as a result of the breach.
This is known as negligence. If you can demonstrate that negligence occurred, you could start a personal injury claim.
If you are eligible to seek compensation, the impact your injuries have had on your quality of life will be considered when valuing how much you could be owed.
To learn more, please get in touch on the number above.
What Knee Injury At Work Compensation Could You Receive?
When valuing the knee injury at work compensation you could be owed, factors such as the severity and type of knee injury you sustained can be considered. As such, it can be difficult to provide a definitive figure for the average payout for a knee injury as each claim can vary depending on the specific circumstances of your case.
However, generally, you could be awarded a settlement that consists of:
- General damages: This head of claim compensates for the pain and suffering your injuries have caused you to experience.
- Special damages: This head of claim compensates for the monetary losses caused by your injuries.
The Judicial College contains a list of compensation brackets for different injuries. Solicitors and other legal professionals can use these guidelines to assist them when calculating your injuries.
However, these figures are not guaranteed and the compensation for a workplace accident that you receive will vary depending on your specific case.
| Injury | Severity | Notes | Compensation Bracket |
|---|---|---|---|
| Knee Injury | Severe (a) (i) | A serious knee injury that results in several issues, such as knee joint disruption and a lengthy treatment. | £69,730 to £96,210 |
| Knee Injury | Severe (a) (ii) | Leg fracture extending to the knee joint that causes constant pain and limited movement as well as other issues. | £52,120 to £69,730 |
| Knee Injury | Severe (a) (iii) | Injuries that lead to a less severe disability with symptoms such as pain, discomfort and limited movement. | £26,190 to £43,460 |
| Knee Injury | Moderate (b) (i) | This bracket covers injuries such as a torn cartilage and a dislocated knee, | £14,840 to £26,190 |
| Knee Injury | Moderate (b) (ii) | Injuries such as lacerations, twisting and bruising are covered in this bracket. | Up to £13,740 |
| Leg Injury | Severe (b) (i) | Injuries in this bracket are the most serious falling short of amputation such as an extensive degloving of the leg. | £96,250 to £135,920 |
| Leg Injury | Severe (b) (ii) | Very serious injuries that cause ongoing issues with mobility. | £54,830 to £87,890 |
| Leg Injury | Severe (b) (iii) | Serious injuries such as compound or comminuted fractures. | £27,760 to £39,200. |
| Leg Injury | Less Serious (c) (i) | This bracket includes fractures that don't completely recover. | £17,960 to £27,760 |
| Psychiatric Damage | Severe (a) | There will be an impact on several areas of the person's life and they will have a very poor prognosis. | £54,830 to £115,730 |
Special Damages In A Workplace Injury Claim
You could also receive special damages as part of your settlement. This covers out-of-pocket expenses caused by your injuries. These include medical bills, costs of transportation or care costs.
It could also cover adaptations to your home if the damage to your knee impacts your mobility and you require changes to your living space. You may also recover your loss of earnings and future earnings.
You will need evidence to prove any financial losses that you’re claiming back.
For more information on calculating compensation for a workplace accident claim, get in touch on the number above.
When Can You Make An Injury At Work Claim?
The Health and Safety at Work etc. Act 1974 requires employers to take all reasonably practicable steps to ensure their employees’ health, safety, and welfare at work. This is the duty of care they owe to employees. The steps they can take to uphold their duty of care might vary depending on the specific workplace but can include:
- Providing adequate training
- Carrying out regular risk assessments
- Providing necessary Personal Protective Equipment (PPE)
A failure to uphold their duty of care could result in an employee becoming injured at work. Examples of workplace accidents can include:
- Construction accident: An employer may have failed to assess the risks of working from a height. As a result, you fall from scaffolding and fracture your knee.
- Warehouse accident: An employer may have failed to adequately maintain equipment used to move heavy loads. As a result, you experience a crushed knee injury due to faulty equipment.
- Slips, trips and falls: You may have slipped on a wet floor at work that wasn’t adequately signposted. As a result, you experience a sprained knee injury.
- Factory accident: An employer may have failed to provide you with adequate training to operate a forklift truck. As a result, you experience a shattered kneecap injury in a forklift accident.
However, it’s important to note that not all accidents at work will form the basis of a valid claim. There must be a duty of care owed, which has been breached, causing an accident that resulted in harm.
To learn more about making a knee injury at work compensation claim, please get in touch on the number above.
Potential Evidence When Seeking Compensation For A Workplace Injury
If you are looking to seek knee injury at work compensation, you can take different steps to strengthen your claim. For example:
- Completing the accident book at work is beneficial in having a physical record of the incident.
- Requesting CCTV footage.
- Collecting witness contact details.
- Taking photographs of the accident scene and injuries.
- Seeking medical attention for your injuries. This can also generate medical records that you can use as evidence to support your case.
- Seeking free legal advice. You can contact our team of advisors. They can assess your claim and if it has a chance of success, they can connect you with a solicitor from our panel.
You should also be aware of the time limit for starting a claim. Under The Limitation Act 1980, the standard accident at work claim time limit to begin a claim is usually three years from the day it happened or the date that you became aware of your employer’s negligence.
If the injured person is under eighteen when the accident occurred, the time limit is suspended. If no claim is made on their behalf by the time they turn 18, they have three years from their eighteenth birthday to claim.
Additionally, if the person lacks the mental capacity to claim, the time limit is suspended. If they recover their mental capacity, they will have three years from the date of recovery if no claim has already been made on their behalf.
For more information on what you should do if you had an accident at work, get in touch with our team on the number above.
Why Make A No Win No Fee Accident At Work Claim?
With a No Win No Fee solicitor, you could access their services under a Conditional Fee Agreement. This generally means that you won’t pay for the services they provide upfront, while your claim proceeds or if your claim is not successful.
If your claim is a success, your solicitor can take a success fee from your compensation. This is subject to a legal cap.
To learn more about whether a solicitor from our panel could handle your claim on this basis, please reach out using the details provided below.
We Offer Free Legal Advice – See If You Can Claim For A Workplace Injury Today
If you sustained a knee injury at work, compensation may be something you are entitled to. You can contact our advisors for free legal advice regarding your potential claim. To get in touch, you can:
- Call the number above
- Speak with an advisor via the live chat feature below
- Use the contact form on our website
Learn More About Claiming Knee Injury At Work Compensation
Below, we have provided some additional external resources that you may find beneficial:
- Health and Safety Executive – Employer’s Responsibilities
- GOV – Compensation After An Accident Or Injury
- NHS – First Aid
Thank you for reading this guide on claiming knee injury at work compensation. If you have any other questions, please get in touch on the number above.
Writer Emily Marrow
Editor Meg Martin
