Knee Injury at Work Claim – A Guide to Claiming Compensation

A knee injury can be a particularly debilitating injury that affects your ability to function normally. If your employer has caused you to suffer the injury, you could be entitled to begin a knee injury at work claim against them. Therefore, in this guide, we explain how to claim compensation for a work-related knee injury and how the claims process works.

As well as answering your questions on knee injury compensation claims, we provide a free initial consultation. During your call, one of our specialists will provide free legal advice and review your claim. If they deem your claim to be strong enough, they could partner you with one of our accident-at-work solicitors. Importantly, all knee injury claims they take on are managed on a No Win, No Fee basis.

To arrange your free initial consultation, you can:

• Call us on 0333 241 2519 and speak to a friendly member of our team.
• Use our live chat service if you prefer to discuss your case online.

Please read on to learn more about knee injury at work claims or give us a call if you’d like us to explain your options for free.

Can I Make a Knee Injury at Work Claim?

Whatever type of work you’re involved in, your employer will need to take practical steps to try and keep you safe. This isn’t just a recommendation, it is a legal duty of care established, in most cases, by the Health and Safety at Work etc. Act 1974. Some of the steps your employer could take to prevent you from injuring your knees at work include:

• Providing kneepads or other types of personal protective equipment where required.
• Carrying out regular risk assessments of the workplace to try and spot and remove any hazards.
• Train you on how to do your job safely.
• Make sure any equipment, machinery or vehicles used in your role are fit for purpose and well maintained.

Failure to take such steps could mean that your employer has breached their legal obligations to try and protect your well-being. You may be able to make a personal injury claim following a knee injury at work if:

• At the time, your employer owed you a legal duty of care.
• That duty was not upheld and an accident or incident occurred as a result.
• You sustained a knee injury in the last three years because of the accident or incident.

Want to check if you’re entitled to claim compensation for a knee injury at work? If so, please call our legal advisors now.

What Types of Negligence Can Lead to a Knee Injury at Work Claim?

Various types of accidents can result in workplace knee injuries. Here we have just a few scenarios, caused by employer negligence, that could result in a knee injury at work claim:

• Whilst working in a supermarket, you slipped on a leak caused by a faulty freezer which management knew about but failed to turn off or repair.
• You were working in a factory when poorly stacked items collapsed onto you and, as a result, you sustained ligament, tendon and muscle damage as well as a fractured patella.
• In your company’s car park, you tripped over a raised paving slap and smashed your knee into the ground. This led to a torn meniscus and severe bruising.
• You have been diagnosed with bursitis of the knee (housemaid’s knee) due to your work as a carpet fitter. Your diagnosis can be linked to the fact your employer failed to provide free knee pads to protect you.

Whatever type of knee injury you’ve sustained, please get in touch with our team to see if you’re entitled to claim compensation from your employer.

Types of Knee Injuries at Work We Can Help With

It’s important to point out that, essentially, any type of injury that has caused you to suffer knee pain from work and was not your fault could entitle you to seek compensation. Some of the most common work-related knee injuries that compensation might paid for include:

• Ligament tears.
• Dislocated kneecap (patella).
• Housemaids knee.
• Breaks, fractures and dislocations.
• Torn meniscus.
• Damaged cartilage.
• Other soft tissue injuries.

Importantly, as well as the initial knee pain caused by your accident at work, any compensation you are awarded should cover future suffering. Therefore, your injuries will need to be assessed by an independent medical professional to see if you’re at risk of developing osteoarthritis because of your initial injury.

To check if you’re entitled to compensation for a knee injury at work, please contact a legal advisor today.

What Should I Do If I Injured My Knee at Work?

Following any type of accident in the workplace, you should:

• Report the incident to your employer in person but follow it up in writing.
• Ask for a copy of an accident report form about the incident to ensure that it has been logged (a legal requirement).
• Visit your GP (or A&E for more serious cases) to have your knee injury assessed by medical professionals.

Taking the steps listed after injuring your knee at work should ensure that a) your injuries are treated properly and b) your employer can make changes to prevent similar accidents and injuries in the future.

What Evidence Can Be Used for a Knee Injury Claim?

Even if your employer has been apologetic since you injured your knee at work, it’s always good practice to collect evidence to support any type of personal injury claim. That’s because, without it, your employer’s insurers could try to limit any compensation payout or try to avoid paying altogether.

The types of evidence that could make a knee injury at work claim stronger include:

• CCTV or mobile phone footage of the accident as it happened.
• Copies of any scans, x-rays and medical records to confirm your diagnosis.
• Details of anybody who saw what happened in case your solicitor needs to gather witness statements.
• Photographs of what caused your accident and pictures of any visible injuries.
• Your copy of the accident report to show where and when the accident occurred.

During the free consultation offered by our team, any evidence you have will be reviewed. Therefore, if you can, please have it nearby when you get in touch.

How Long Do I Have to Claim Knee Injury Compensation?

According to UK law (specifically the Limitation Act 1980), you have 3 years to begin a personal injury claim from the date of your accident. One exception to that rule is where you develop a knee injury over time, for example, tendonitis. In this case, your 3-year time limit starts from the date your condition was diagnosed.

In any event, it’s usually best to start your claim as soon as you’re able to. That’s because claims that are filed late can be statute-barred. That effectively means you’re likely to miss out on any knee injury compensation you’re entitled to.

How Much Compensation for Knee Injury at Work?

Knee injury compensation payouts generally consist of two heads of loss:

• General damages – compensation for pain, discomfort, suffering and loss of amenity.
• Special damages – compensation for any financial issues linked to your knee injury.

To help determine your level of suffering, medical records, x-rays, independent medical reports and other forms of evidence might be used. When your solicitor has a grasp of how you’ve suffered, they may refer to the Judicial College Guidelines (JCG) to help value your injuries.

To get some idea of the average payout for a knee injury at work, the table below has guideline settlement brackets for a number of injuries listed in the JCG. Please use these figures for reference only as compensation amounts for knee injuries can vary a fair bit.

• Compensation of £69,730 – £96,210 where a severe knee injury involves significant ligament damage, joint disruption, or onset of osteoarthritis, leading to extensive medical treatment, significant pain, and functional loss.
• £52,120 – £69,730 compensation where a leg fracture impacts the knee joint, resulting in persistent pain and restricted mobility.
• Compensation ranges from £26,190 – £43,460 for a knee injury at work that causes a less severe form of disability than those above but still leads to ongoing discomfort and knee instability.
• £14,840 – £26,190 for moderate knee injuries such as dislocations, or damage to the meniscus or cartilage, leading to muscle wasting and weakness.
• Compensation is generally up to £13,740 for injuries like lacerations, or the effects of twisting and bruising, causing persistent aching and discomfort.
• Around £8,140 for accelerating a pre-existing condition by two to three years causing constant pain, with awards not exceeding £6,020 for nearly complete recoveries unless both knees are involved.
• In the region of £2,250 compensation for soft tissue strain-type knee injuries at work that don’t significantly affect the claimant’s daily activities and heals within six to seven months.

If your knee injury at work has resulted in any negative financial implications, these could be considered in your claim as well. For example, your payout could cover:

• The cost of installing a stair lift or making other home adaptations to make it more accessible.
• Loss of earnings and any future reduction in income.
• Medical and rehabilitation costs.
• Care and support costs.
• Travel costs.

To learn how much compensation for a knee injury at work you might be able to claim, please contact our team today.

Can I Claim Knee Injury Compensation if I’m Not a Full-Time Employee?

As we mentioned earlier, employers have a duty of care towards staff welfare. Importantly, that’s not just for full-time employees. Therefore, if you work on a zero-hours basis, are self-employed, a subcontractor or a consultant, you can still claim knee injury at work compensation if it resulted from your employer’s negligence.

To find out more, please give us a call today and explain how your accident happened.

Will I Need a Solicitor to Make a Knee Injury Compensation Claim?

Legally, there is absolutely nothing to stop you from taking on a personal injury claim against your employer yourself. However, claims can often be hard to prove and you might come up against an insurer who tries to deny liability for your accident or injuries.

If you make a knee injury claim with one of our solicitors, they’ll use their legal skills to try and make the claims process as easy as possible for you. That means they could:

• Collect additional evidence to help prove your case (including witness statements where needed).
• Present as strong a case as possible and ensure it’s filed correctly.
• Use their negotiation skills to try to counter objections raised by your employer’s insurers.
• Make sure you’re kept up to date with your claim’s progress.
• Try to settle your claim in full so that you are compensated fairly.

Importantly, any knee injury compensation claims are handled on a No Win, No Fee basis. That means that if your claim is taken on, you’ll sign a Conditional Fee Agreement (CFA) before your solicitor gets to work.

The CFA means that:

• No payment is required upfront for your solicitor’s work.
• Your solicitor’s efforts don’t need to be paid for if the claim is lost.
• A percentage of any settlement received will be deducted as a success fee.

The success fee percentage, when using a CFA, is limited by law. That means that you can be sure you’ll receive the bulk of any compensation payout.

Want to see if you can make a No Win, No Fee knee injury at work claim? If so, please call today.

Will My Claim End Up in Court?

Our solicitors have been managing personal injury claims for decades. In their experience, it’s very unusual for knee injury claims to require court hearings. That’s because, on most occasions, insurers, solicitors and employers try to avoid the extra time and money required to take a claim to court.

However, if your claim cannot be settled amicably and your solicitor still believes you have a strong case, they could arrange for it to be settled by a court as a last resort.

Contacting Us About a Knee Injury at Work Claim

If you have decided that you’d like to work with us to find out if you have a valid accident at work claim, you can:

• Give us a call on 0333 241 2519 to discuss your case.
• Use our live chat service.

There’s no obligation to proceed with a claim and we’ll provide free legal advice no matter what you decide to do next. If your claim is taken on, though, your solicitor will act on your behalf on a No Win, No Fee service.

If you’d like to know anything else about knee injury at work claims, please call today.