A broken bone from a work accident can mean far more than a few weeks in plaster. It may stop you working, need surgery or physiotherapy, or leave you with lasting pain and stiffness.
In Scotland, a workplace fracture claim is valued in two parts: compensation for the injury itself (called solatium) and compensation for your financial losses (called patrimonial loss). The final figure depends on how serious the fracture is, how well you recover and how it has affected your work and daily life, which is why two people with the same broken bone can receive very different amounts.
Key points
- Compensation is made up of solatium for pain, suffering and loss of amenity, plus patrimonial loss for financial losses.
- The type, location and severity of the fracture, and how well it heals, all affect the value.
- Lost earnings, treatment costs, travel and care can be claimed where the evidence supports them.
- Medical evidence is central, and the valuation can change as your recovery becomes clearer.
- You normally have 3 years from the date of the injury to raise a court action.
What affects the value of a fracture claim?
The severity and location of the fracture are the starting point. A simple fracture that heals fully is valued differently from a serious break that needs surgery, causes permanent disability or leaves ongoing symptoms.
Our solicitors will also look at how long your symptoms last and how the injury affects your daily activities, your work and your quality of life. Scottish courts treat the nature, severity, duration and impact of an injury as relevant when assessing solatium.
Does a broken bone always receive the same compensation?
No. One person may make a full recovery, while another with the same fracture is left with restricted movement, chronic pain or an inability to return to their old job.
A compound fracture, multiple fractures or a break that badly damages the surrounding tissue will usually be valued differently from a minor fracture.
How is compensation for the injury itself assessed?
Solatium covers the pain, suffering and loss of amenity (the things you can no longer do or enjoy) caused by the fracture. A serious break needing surgery will usually have a greater effect than a hairline fracture that heals quickly.
When assessing this part of a claim, Scottish courts look at previous decisions and, where appropriate, the Judicial College Guidelines. Valuation is not an exact calculation, and each injury is assessed on its own facts.
| Part of the claim | What it covers | Typical evidence |
|---|---|---|
| Solatium | Pain, suffering and loss of amenity caused by the fracture | Medical records, expert medical reports, your own account of daily life |
| Patrimonial loss | Lost earnings, treatment costs, travel, care and other reasonable expenses | Payslips, receipts, invoices, records of time off work |
Can you claim for financial losses as well?
Yes. A claim can include financial losses caused by the injury, such as lost earnings, treatment costs, travel expenses and other reasonable expenses, depending on the evidence.
These losses are worked out separately from solatium. We will usually ask for wage information, receipts and other documents to prove what you have lost.
What if the fracture affects your ability to work?
A fracture may keep you off work for a while, particularly if your job involves manual labour. A longer term reduction in your ability to work can have a much bigger financial effect.
Where the evidence supports it, past and future loss of earnings can form part of your damages. Showing the effect on your future earning capacity usually needs both medical and financial evidence.
Does rehabilitation affect the value?
Rehabilitation is often part of recovery after a fracture, and may include physiotherapy, further medical assessment or surgery. Our guide to physiotherapy and your legal rights after an injury explains how treatment fits into a claim.
Needing rehabilitation does not automatically increase compensation. What matters is the medical evidence and the effect of the injury and treatment on you.
What evidence is needed to value a fracture claim?
Medical records are central. We will need information about the diagnosis, treatment, recovery and any continuing symptoms, and an independent medical report is usually obtained.
Evidence about the accident matters too. Accident reports, photographs, witness statements and workplace records help show how the injury happened and whether negligence caused it. Our guide on the evidence you need to support a personal injury claim covers this in more detail.
Good to know: Your compensation is normally paid by your employer's liability insurer, not out of your employer's own pocket. Employers are required by law to carry this insurance.
Can you use a compensation calculator?
Online calculators can give a rough idea, but they cannot accurately value an individual fracture claim. They cannot properly account for the medical evidence, your financial losses and the personal impact of the injury.
A solicitor can assess the evidence against relevant Scottish decisions to estimate what your claim is worth, and that estimate can change as the medical picture develops. You can read more about how much compensation you can claim for a personal injury in Scotland.
How long do you have to bring a fracture claim?
Under the Prescription and Limitation (Scotland) Act 1973, a personal injury action must normally be raised within 3 years of the date of the injury. If you only became aware of the relevant facts later, time may run from that later date instead.
The court has a discretion to allow a late action, but you should never rely on it. Our guide on how long you have to make a personal injury claim in Scotland explains the rules.
Do you need to prove your employer was at fault?
Yes. A fracture alone does not establish liability. To succeed, you need evidence of a legal basis for holding your employer, or another person or organisation, responsible for the accident.
Where negligence can be shown, our workplace fracture solicitors can pursue compensation for both the injury and your financial losses. Stewart Gordon Thomson Law Firm advises clients across Scotland on workplace injuries, and you can find out more on our personal injury lawyers Glasgow page.
Broken a bone at work? Speak to a solicitor about what your claim could be worth. Your first hour is free and claims are No Win, No Fee.
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