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Compensation for a Knee Injury at Work
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Knee injuries are a common type of injury which can be suffered as the result of an accident at work. The knee is an essential part of the body as it helps with both mobility and balance, so injuring your knee can have a huge impact on your life and may require you to take longer periods of time off work, depending on the severity of the injury.
If you were involved in an accident that caused you to suffer a knee injury, and the accident was caused by someone else’s negligence, you may be able to claim compensation for knee injury at work. Contact Beacon Law today to speak to a specialist Employer’s Liability solicitor to find out if you could make a knee injury compensation claim.
Knee Injury at Work Compensation: Common Accidents
The workplace should be safe for all employees. Employees should be provided with regular, adequate training and should always be warned of any potential risks involved in carrying out their duties. However, accidents still happen in the workplace on a daily basis. Some of the most common types of knee injury accidents at work include:
· Slips, Trips and Falls-These types of accidents either happen because the workplace has uneven floors, slippery surfaces or simply due to poor housekeeping. Slips, trips and falls are well-known causes of minor and severe knee injuries. Failure to warn employees of these hazards and failure to remove a hazard within a reasonable period of time can amount to employer’s negligence as they will have breached their duty to protect their employees.
· Lack of Personal Protective Equipment ( PPE)- Employers have a responsibility to provide all employees with the correct personal protective equipment if required for you to carry out your job safely. Anti-slip footwear may be required for carrying out specific jobs, such as cleaning as slipping on a wet floor is one of the risks of this type of employment.
· Falls From Heights- Falling from a height can lead to a number of severe injuries, including knee injuries. It is your employers’ duty to minimise your risks when you are required to work at height. Common causes of accidents when working at height include defective ladders of poorly constructed scaffolding.
· Road Traffic Accidents- If your job involves making deliveries or driving; you may be provided with a company car. If you were involved in a road traffic accident, due to a defect in the car, you might suffer from a knee injury. In these circumstances, you may be able to make a claim against your employer or the car manufacturer/leasing company.
· Improper Manual Handling- If your job role involves picking up and carrying heavy objects, your employer should have provided you with adequate training to ensure you know how to lift safely. Your employer should also provide appropriate lifting equipment. Lifting objects incorrectly, repetitively, or objects which are too heavy, may cause you to damage your knees due to the strain.
· Building Site Accidents- knee injuries caused by accidents on building sites are extremely common due to the dangerous nature of construction sites. Lack of safety and precaution on sites can lead employees sustaining injuries. Common types of accidents on building sites include, trips and falls over tools or rubble left on walkways, falls from poorly constructed scaffolding etc.
· Improper Use of Dangerous Machinery- Most types of machinery used in the workplace can be dangerous, and if used incorrectly, can cause injury. Employers have a duty to provide adequate training to employees to ensure they can use dangerous machinery effectively and safely. Injuries to the knees are commonly caused by improper use of machinery, such as forklift trucks.
· Accidents caused By Colleagues- Colleagues may make mistakes, such as leaving equipment or spillages on the floor, leading to slip and trip accidents. Your fellow employees may act dangerously in the workplace and not follow safety rules. They may operate machinery in an unsafe manner, drive workplace vehicles such as cranes, tractors, or forklift trucks without care for other colleagues, or drive company cars negligently. This can cause multiple injuries and will make work an unsafe place to be.
Your employer has a duty of care to ensure that your workplace is as safe as possible. Your employer is under an obligation to provide a safe place of work under the Health and Safety at Work etc. Act 1974. The Workplace (Health, Safety, and Welfare) Regulations (1992) and The Management of Health and Safety at Work Regulations 1999 impose a duty on your employer to ensure that the work environment is always clean and maintained to a high safety standard.
It is your employer’s duty to ensure your safety in the workplace by following strict health and safety at work legislation. If your employers fail to carry out their duties in a satisfactory manner, and as a result, you sustain a knee injury, you may be able to make a claim for compensation.
If you have suffered a knee injury at work due to a third party’s negligence, such as your employer or fellow colleague, contact us today to find out if you could make a claim for knee injury at work compensation.
Types of Knee Injury
Knee injuries can vary from minor, short-lived injuries, to more severe, long term injuries. Most knee injuries can cause you to be out of action and off work for a while, depending on the severity of the injury. Below are some of the most common types of knee injuries:
- Ligament damage, such as collateral ligament injuries, anterior cruciate ligament injuries, post cruciate ligament injuries
- Fractures
- Dislocations
- Tendon Tears
- Torn cartilage
- Heightened symptoms from pre-existing conditions.
- Sprains and strains
- Soft tissue damage and bruising
Each type of knee injury varies in severity, with different recovery times. Some of the more serious knee injuries will cause a lot of pain and suffering and may require surgery. This may result in weeks of rehabilitation and physical therapy in addition to time off work. If you have suffered any of the injuries listed above, or any other type of knee injury, contact Beacon Law to find out if you could make a claim for knee injury at work compensation.
Can I Make a Knee Injury Compensation Claim Against my Employers?
There are often worries associated with making a claim against an employer as many will be worried that the result will be negative and that they may be dismissed or treated negatively. We can assure you that your employer will not be legally allowed to terminate your employment or treat you in a negatively just because you are filing a claim against them. Your employer should have appropriate insurance in place to cover instances of any of their employees being injured due to their negligence or breach of statutory duty. Your employer will not suffer any direct, personal financial loss if they have adequate insurance in place.
What Should I Do If I Suffer a Knee Injury At Work?
If you have suffered a knee injury due to your employer’s negligence, we would recommend that you do the following:-
· Report your accident to your supervisor or manager as quickly as possible.
· Make sure that you ask your employers for the accident to be recorded in the accident book as soon as the accident has happened. Write an accurate description of the accident in the book. Your employer is legally required to keep a log of all accidents, and you should check any entries to ensure they are accurate, as this may be important evidence in your case.
· If possible, take photographs and prepare a sketch of the accident area, and any equipment that was involved.
· Ensure you take the contact details of any witnesses to the accident.
· Try to find out if there have been any similar accidents or any complaints that may be relevant to your accident in the past.
· Seek medical advice from your GP or hospital.
· Keep a record of any expenses incurred by you.
· Always seek legal advice before agreeing to anything with your employer or their representative regarding the accident.
The more evidence and detail you are able to provide to a personal injury solicitor, the stronger your case will be.
How Much Knee Injury at Work Compensation will I receive?
If you have been injured in an accident at work, and have developed a knee injury, you may decide to make a claim. Your knee injury settlement amount will be based on your pain, suffering and loss of amenity (general damages) as well as any financial losses you suffered as the result of the accident (special damages). It is difficult to determine the amount of compensation you will receive without knowing all the details of the injury. As many injuries are complex, especially those which are ongoing, it may be necessary to obtain a medical evaluation of your injuries before we can make an estimation on the value of your injuries.
The valuation of your general damages will be based on recent case law, as well as guidelines set out by the Judicial College.
Special damages refer to any past and future financial losses incurred as a result of the knee injury. Your additional losses can include loss of earnings, treatment costs, and travel expenses.
Why Choose Beacon Law?
Beacon Law can assist you in making a claim and obtaining compensation for knee injury at work. Beacon Law provides a team of highly qualified Solicitors and legal professionals with many years of experience in all personal injury matters. We provide a high level of service to all our clients and work hard to ensure you receive the highest level of knee injury at work compensation claims for your injuries. We provide our services on a no win, no fee basis and have expertise in all types of claims, including, road traffic accidents, slips, trips, falls, and criminal injuries.
Beacon Law is regulated by the Solicitors Regulation Authority. To find out about more about how we can help you get a successful compensation settlement and how we can help you with your legal fees, and your compensation calculator, have a look at the funding section on our website.
To find out more about making a workplace accident compensation claim, take a look at our FAQ’s.
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Last Updated on December 21, 2023 by Stacey