How are Workplace Fractures Valued in a Compensation Claim?
Broken bones from a work accident can be more than just a few weeks in plaster. A fracture may affect your ability to work; it may require surgery or physiotherapy; it may leave continuing pain or reduced movement. The amount of compensation will depend on the injury and how it has affected your life.
This guide details how a fracture injury compensation claim is calculated in Scotland, including pain and suffering, financial losses, medical evidence and the factors that can influence the value of a personal injury claim.
What affects the value of a fracture injury claim?
The severity and location of the fracture are important. A simple fracture which heals perfectly may be valued differently from a serious fracture requiring surgery, permanent disability or ongoing symptoms.
A solicitor will also look at how long the injury has been going on and how it impacts on your daily activities, work and quality of life. Scottish courts have confirmed that the nature, severity, duration and impact of an injury are relevant when assessing solatium.
Does a broken bone always receive the same compensation?
No. Two people with the same fractured bone may have different outcomes. One person may make a full recovery, while another may experience restricted movement, chronic pain or an inability to return to their previous work.
A compound fracture, multiple fractures or a fracture involving significant damage to surrounding tissue may therefore produce a different compensation payout from a minor fracture.
How is compensation for the injury itself assessed?
A serious fracture needing surgery may have a greater effect than a hairline fracture which heals quickly. The injury may be more or less serious depending on the part of the body affected, the treatment required, the recovery period and continuing symptoms.
Scottish courts refer to previous decisions and, where appropriate, the Judicial College Guidelines when assessing damages. Recent Scottish decisions show that valuation isn’t an exact calculation and each injury must be assessed on its facts.
Can you claim for financial losses as well?
A compensation claim may include financial losses caused by the injury. These can include loss of earnings, treatment costs, travel expenses and other reasonable expenses, depending on the evidence.
These losses are generally considered separately from compensation for the injury itself. A solicitor will normally ask for wage information, receipts and other documents to establish the financial loss.
What if the fracture affects your ability to work?
An injury may temporarily prevent someone from working, particularly where their job involves manual labour. A longer-term reduction in ability to work can have a much greater financial effect.
Where the evidence supports a claim, loss of earnings may form part of the damages. The effect of the fracture on your employment and future earning capacity may need medical and financial evidence.
Does rehabilitation affect a compensation claim?
Rehabilitation may form part of recovery after a fracture. Depending on the injury, treatment could include physiotherapy, further medical assessment or surgery.
The need for rehabilitation does not automatically increase the amount of compensation. What matters is the medical evidence and the effect of the treatment and injury on the injured person.
What evidence does a solicitor need?
Medical records are central to most injury claims. A solicitor may need information about the accident at work, diagnosis, treatment, recovery and any continuing symptoms.
Evidence about the accident can also matter. Accident reports, photographs, witness statements, and workplace records can help to establish how the injury happened and if negligence was a factor in, or caused, the injury.
Can you use a compensation calculator?
Online calculators can give a general idea, but cannot accurately value an individual claim for compensation for fracture injury. They usually can’t account properly for the medical evidence, financial losses and personal impact of the injury.
A solicitor can assess the evidence and consider relevant Scottish authorities when estimating the value of a claim. That assessment can change as medical evidence develops.
How long do you have to bring a fracture claim?
Personal injury claims in Scotland are generally subject to a three-year limitation period, although the precise rules depend on the circumstances. The Prescription and Limitation (Scotland) Act 1973 made provision for personal injury actions.
The period can involve questions about when the right of action arose and when relevant facts became known. If you’ve suffered a fracture and wish to make a compensation claim, legal advice can help clarify the position.
Can a solicitor help with an accident at work claim?
A fracture alone doesn’t establish liability. In general, to be successful with a personal injury claim, you need to be able to provide evidence to support the legal basis for holding another person or organisation liable.
Where negligence can be established, a solicitor can consider compensation for the injury and relevant financial losses. SGT Law Firm advises clients across Scotland about personal injury matters, including workplace injuries.
Contact SGT Law Firm Today!
If you’ve suffered a fracture following an accident at work and want to understand whether you may be able to claim compensation, SGT Law Firm can assess the circumstances under Scots law. Information about personal injury services is also available throughSGT Law Firm’s Personal Injury Lawyers Glasgow page. Legal advice depends on the facts and evidence of each case.
