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Broken Bone and Fracture Compensation Claims

By Ian Morris | Updated November 29th, 2022

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One of the most common types of injury that leads people to make a claim for personal injury compensation is broken or fractured bones. These can limit mobility to the lower limbs, spine or pelvis, and severely restrict dexterity to the arms, hands or shoulders.

In many cases, people tell us that they have been left unable to work for a while – often without pay – and are therefore struggling with the added burden of a loss of income and stress regarding paying bills and maintaining their usual day-to-day lifestyle. Claimants report that their injury has greatly impaired their independence.

When can you claim?

A compensation claim can be made in any accident caused by the negligence of someone else. The key element to a successful claim is to be able to hold someone liable for the accident that lead to the injuries.

Anyone who thinks that their broken bone or fracture injury was caused by, or is the responsibility of someone else – such as an employer, another driver, a council or other business – has a right to make a claim for compensation. Whilst these injuries can happen anywhere, common scenarios leading to such claims include:

Employers failing to provide manual handling guidance or training
Employers failing to provide staff with the correct personal protective equipment (gloves, hard hats, steel toe-capped boots etc)
A working environment that prevents people from lifting safely
Motorcycle riders being knocked off by a negligent driver
Slipping and tripping accidents due to wet floors, poorly maintained pavements and footpaths, for example

In all cases, someone making a claim is doing so because they were not at fault for the injury they have sustained. All employers, vehicle drivers, public authorities, businesses and premises owners have a responsibility to ensure that their actions are safe and that they are not posing a risk to those working for them, sharing the roads with them or whilst they are on their premises or land.

Why claim compensation after a broken bone?

Anyone with a broken or fractured bone will have suffered a considerable amount of pain and been left unable to move freely. They will struggle to continue with their usual activities, pastimes and sports pursuits and will have difficulty sleeping comfortably.

One of the biggest issues faced by people making claims for compensation is that they are often left unable to work during their recovery and cannot therefore earn their regular salary. In most cases it is the loss of income that forces someone to make a claim. Coping with a loss of income – even if temporary – can cause huge distress and upset to someone attempting to recover from a painful injury.

Recovery can take many months and many people who suffer such injuries report that they never feel like they have fully recovered and that the area always feels weaker or becomes sore whenever they attempt any physical task.

Claiming personal injury compensation can help ease some of these problems. As well as winning a financial settlement, claiming with Direct2Compensation and our expert injury solicitors can also help you in other ways:

Making a claim is your legal right, and if you succeed, it fairly compensates you for the pain and discomfort caused by the injuries that were not your fault.
A successful claim can help pay for private medical treatment and rehabilitation therapies to speed your recovery.
A successful claim will enable you to be sure that the settlement you receive adequately reflects the pain of the initial injury and recovery period as well as reflecting any permanent consequences that the injury may have.
A settlement can include a special damages claim which will enable the claimant to recover all lost income incurred and if you are left unable to return to work because of a very serious fracture or bone break, it will also include a future loss of income claim.

With Direct2Compensation all claims are made on a no win no fee basis. This means that you will never be charged if your claim does not succeed. A successful claim will lead to a compensation settlement being made to you, with the value of the claim including any lost income and incurred costs as well as a settlement value for the injuries you have suffered and medical treatment that you have required.

Specialist rehabilitation therapies

The one thing all claimants want is to recover and get back to normality at the earliest opportunity. With Direct2Compensation, the specialist injury compensation solicitors that we use can help you to access specialist rehabilitation therapies as part of your claim. The best medical care and follow up treatments will speed recovery and reduce pain and discomfort.

As soon as your solicitor has obtained an admission of liability from the 3rd party, your claim will succeed and it is at this point that your solicitor can demand that the 3rd party defendant provide (at their expense) specialist physiotherapy or other suitable private treatments to help you recover.

Most broken bone and fracture claims will see the injured party require weeks of limited mobility or dexterity with an arm or leg in a cast, and a period of rest before a full recovery is made. However, in more severe cases, compound, multiple or spiral fractures may require surgery to insert screws and pins to enable a recovery. In the case of fractures to the spine, neck or pelvic region the severity of the injury could result in paralysis and psychological trauma.

Depending on the specifics of your broken bone or fracture injury, your specialist injury compensation solicitor will look to obtain further private treatments that, although available on the NHS, will have a long waiting list and may not be a priority for the doctors treating you. This has been proven to help broken bone and fracture victims recover more quickly from their injuries. Further information on this will be available from your solicitor once your claim has been started.

How Direct2Compensation can help with your claim

We’ve taken the hassle out of making a claim for personal injury compensation and we know that most people won’t have any idea of the process or where they stand legally. We understand that you may be uncertain if you have a viable compensation claim.

We can help you to understand your rights, and whether your broken bone or fracture injury is something you are likely to be able to successfully claim compensation for. What’s more, once we’ve spoken with you, we’ll be able to identify the right specialist injury compensation solicitor with whom you should be paired to pursue your claim.

As with all accidents, if you have suffered a broken bone or fracture at work or anywhere else, it is important to make sure that the details of your accident have been recorded properly within an accident book or elsewhere and that medical attention is sought for any injuries that you have sustained. If you haven’t done this already, we can help you to do so and tell you how to report the details of your accident to the right people.

With our easy to understand claims process and ability to handle your claim quickly, simply and transparently, there are many reasons that make us the right choice.

To find out more about your compensation rights or to start your claim today, call us on 01225 430285 or if you prefer, . In just a few minutes on the telephone with you, we’ll obtain the initial information needed for our solicitors to commence a claim.

Direct2Compensation are regulated by the Financial Conduct Authority, our authorisation number is 830395. Details can be found on the Financial Conduct Authority financial services register.

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Comments & Questions

Read on for questions and advice about claiming, plus fracture claim examples...

I fell downstairs at home and badly sprained my left ankle and broke my left foot and was unable to walk, I went to the local A@E and the doctor told me it was just a bad sprain but she x rayed it anyway, it turned out to be a broken foot, I asked her could she sort it out bu putting a cast on it because I still couldn’t walk, she said that they don’t put casts on broken feet anymore and she told me to walk on it, which I couldn’t do because my husband had to carry me into A@E, then I was put in a wheelchair, so she knew that I could not walk. I asked her if I could have crutches, she reluctantly gave them to me but again she said they don’t give them out. I couldn’t believe the care I received.I broke my foot 7th January 2020 and now I have a limp and I can’t put much weight on it anymore. I used to be fit and active, I played walking football which I really enjoyed but I can’t play anymore and it has left me in a lot of pain, I can’t see a physiotherapist due to Lockdown. Do I have a claim?

The only potential route to compensation in the scenario you describe would be one of a clinical negligence nature. The initial injury cannot be attributed to negligence so you cannot claim for that, but as you believe that your treatment may have been negligent, the potential to claim against the Hospital trust in question can be considered.

I recently saw a podiatrist and she was astonished to find me walking on a broken foot, she said that I should have had a boot on from when I went to hospital, now I have to see a surgeon because it looks like I now need an operation on it. The hospital has admitted that I had a fractured foot and did nothing about it, Do I have a claim?

Whilst missing a serious injury like a broken foot is astonishing and concerning (to say the least), it does not necessarily follow that it will be seen as clinical negligence. Broken bones may not always appear visible on first x-rays due to swelling and other issues, but if symptoms of pain persist, further investigations and assistance should be provided. In your case given the seriousness of the situation and the fact that you may now require surgery, this is a matter that should be investigated further – something our specialist Solicitors can assist with.

Clinical negligence is a particular specialism within personal injury and requires expert advice and consideration. We have such specialist Solicitors available to assist you and they can advise you as to whether you can succeed with a claim. The best course of action would be for you to email us some further information regarding the initial injury, when you first presented at Hospital and what procedures (x-rays, scans etc) you underwent and what the Hospital said to you when they discharged you without a cast/boot or crutches.

Hello, a work colleague dropped a scaffolding board on me and it fractured my skull. Would I be able to make a claim against my employer?

Thanks

Yes, you can pursue a claim in the circumstances that you describe. The employer will have questions to answer regarding health and safety precautions at work – such as hard hats and PPE and our Solicitors would be interested in pursuing the claim for you.

Should you wait until you are fully recovered before putting in a claim? I have fractured my tibia and fibula.

In short, no! There is no need to wait for your full recovery to be made before you make a claim. Indeed, doing so could be detrimental to your claim and just prolong the process of reaching a point where you can receive compensation for any injuries sustained and more importantly, recovering any loss of income.

The claims process will take time anyway, with it unusual to settle any claim, let alone one for injuries as serious as fractures to both the tibia and fibula within 18 months of starting the process. The time taken in the claims process will allow you to continue your recovery whilst the initial arguments about liability etc are discussed, so waiting for your recovery to happen first is pointless.

Our view, and that shared by the specialist personal injury compensation Solicitors who represent our clients is that it is important to avoid delay in making any claim. Starting your claim at the earliest opportunity gives the best chance of obtaining the right evidence to support your claim and will give your Solicitor the maximum opportunity to ensure that your claim succeeds and that any settlement adequately reflects the pain, discomfort and expense caused to you by your injury.

my mum tripped up on an uneven pavement slab in a street and broken her fingers which has left her arm being left in a cast and possible operation, would she be able to claim?

To make a claim for compensation after a tripping accident, the injured person needs to be able to identify an area of disrepair and a tripping hazard that indicates that there is a good prospect of succeeding with a claim for compensation. Please read our article on valid tripping accident compensation claims and then consider the area where your Mother tripped and fell. Please take some photographs of the area in question and then send them to us so that we can review them and advise you as to whether or not your Mother has a valid tripping accident compensation claim.

Hi, I had a fall at work in August 18, flooring was being replaced and some vinyl was left not stuck down and I caught my foot under it and fell onto a concrete floor. My right knee took all of my weight and I fractured my knee. I wore a leg brace for 12 weeks and was off work for four months. I received my full wages during this time.

After the leg brace was removed I had another x-ray, the fracture has not healed and I am having ongoing problems with my mobility and pain. An accident form was filled in at the time there were witnesses and I have photos of the flooring.

Also the company who were fitting the flooring were sub contracted by the main contractor so I am unsure who is responsible.

Who the liable party are is, at this stage at least, irrelevant. From what you have said, you have a very strong claim for compensation and this is something we would very much like to assist you with.

Our expert specialist Solicitors would find out who the liable and negligent party were and then proceed with a claim against them to recover compensation for your physical injuries and any associated loss of income or incurred costs. If you’d some info on potential compensation amounts have a read of our article on knee injury claims.

I had an accident at work a year ago. I work in warehouse. I was moving by myself heavy machine part from original packaging to standard pallet. i have done this before many times. It is required by my employer. I lifted and twisted when I suddenly felt the pain in my right hip. I finished work and went home. I did not realise that could be something serious. MRI stated fracture. I had a manual training done however in that situation I could not use this. The hoist I could not use because it did not pass the safety test. In my department we do not have a fork lift trucks. Other departments have. I always have to ask for help and it takes some time. I do not have a witness but my work place is covered by 3 CCTV cameras. I was off work for a week. When I came back to work the accident rapport has been done by my manager and light duties work applied. I had to back to work, because I’m the only one who works in my family and we have disabled child. I felt a discomfort while I was walking but I did not report it because I was afraid to loose an income. Since that time I had no meeting with HR or H&S department relating my accident. I believe it was not reported to HSE. This summer I had an hip arthroscopy and piece of bone have been removed from my body. The orthopaedics said that surgery has to be done as quick as possible due to more damages in my hip joint. I’m on SSP from August this year. I had an accident in September 2017 and I know that team leaders have had a risk assessment training in April or May 2018. On the time of the accident the first aid officer and H&S officer were not in the warehouse. First aid officer is in the office and we have visit once a month from H&S department. Also i did not see a have object label on the original pallet.
Please advise.

My initial view is that you should pursue a claim for hip injury compensation against the employer. Although they have provided manual handling, if we can demonstrate that your employer then made it impossible for you to work in accordance with manual handling training – either through the working environment or inadequate/broken machinery, you have a good chance of succeeding with a claim for compensation.

Can I claim after 3 Years?

If you are over the age of 21, you will be statute barred under UK personal Injury Law and unable to make a claim. If you are under 21, then yes you can! To properly understand UK personal injury compensation claim limitation periods, see this useful article explaining how long you have got to make a claim for compensation.

My boy had an accident at a swing park, when he fell off and there were no safety mats. He broke his elbow. Can I clam for him?

You would be able to make a claim on behalf of your Son if there ought to be mats present, but they were not in situ. However, if the accident happened in a public recreation ground with grass beneath the swings and no matting in place, you would struggle to succeed with such an action.

I was invited to a works’ conference abroad where we were taken skiing during the day. I broke my leg above my right ankle on the first day within the first two hours! The binding didn’t release when I fell over (this was the first time I’d ever skied). I have had to have 4 operations since on my leg, my hip and my ankle. Do I have any right to claim?

It would be very difficult to hold the employer liable for the injury you sustained in this incident. Whilst they employer may have invited you to a conference, skiing is an inherently dangerous activity that does present the risk of injuries such as a fracture. As such, it could be argued that you didn’t have to do the skiing and that it was just an unfortunate accident.

You mention that the binding didn’t release when you fell. Whilst ski bindings are designed to release when excess pressure is placed on them in a fall it is not always the case that they do so. To prove that your bindings had been set incorrectly would be extremely difficult.