Broken Foot Claims
Does your claim qualify? Get free, no obligation advice!
If you’ve badly broken your foot – you could be facing the prospect of surgery and a challenging recovery. Thankfully if you have suffered an injured foot and it was not your fault, you could claim compensation from those responsible.
Broken foot injuries are a nuisance at best and, at worst, are extremely painful and inconvenient and likely to leave you off your feet for some weeks. The fact is, if you’ve badly broken your foot – you could be facing the prospect of surgery and a challenging recovery. Thankfully if you have suffered an injured foot and it was not your fault, you could claim compensation from those responsible.
While a foot injury may be the result of simple carelessness, usually the injuries have been caused by someone else’s negligence. It might have happened in a slip and trip accident on a wet floor, a workplace accident or in a leisure centre. However, in these situations there is a duty of care owed towards other people; and if that duty is breached causing a foot injury – those responsible can face broken foot injury compensation claims.
Your injury may have left you with a permanent disability: unable to do your normal job; you may find it difficult to walk around; and you may no longer be able to enjoy your usual sports.
The purpose of making a broken foot injury claim is to compensate you for what’s happened and to make your recovery an easier process. In serious cases, for example, a compound fracture, crushed injuries or acute foot injuries, you could be line to receive substantial compensation for a broken foot which reflects the seriousness of it and the effect on your life.
If you’ve suffered a broken foot or other foot or ankle injury and you think someone else was to blame, you could make a no win no fee personal injury claim. With specialist help from legally trained advisers, call 0800 234 6438, or if you prefer, you can request a call back using the claim form here.
If you have a reasonable chance of winning your foot injury compensation claim, your personal injury solicitors will be happy to take on your claim on a no win no fee claims basis. This means the financial risk associated with compensation claims is removed – so you don’t need to worry about how much your claim will cost.
This is because under your ‘conditional fee agreement’, you will not have to pay out any legal costs if your foot injury compensation claim is unsuccessful. And if you win, you’ll receive your compensation award. Out of the sum you receive, you will pay your personal injury lawyer a ‘success fee’ which is intended to cover your legal fees. However, this will never be more than 25% of what you recover for your foot fracture.
To take the first step in the no win no fee foot injury compensation claims process, simply call 0800 234 6438 for a no obligation consultation with a legal adviser. They’ll talk you through your accident, explain your options and partner you with specialist solicitors. The law firm will be regulated by the Solicitors Regulation Authority – giving you much needed peace of mind during the broken foot compensation claims process.
FACT
In 2019, there were 892 moderately serious fractured upper foot or pelvic injuries to those injured in reported road accidents in Britain; up from 786 in 2020
Broken feet and other lower limb injuries, particularly cracks, are surprisingly common, yet many are avoidable. In 2020, more than 1,707 car accident casualties alone suffered a fractured lower foot, ankle or foot. Any broken or cracked bone comes within the umbrella term of a fracture, as does shattered bone injuries.
The mechanical structure in the human feet which enables them to perform their functions is extraordinary, and if the mechanics are damaged – you’re going to know about it. The bone structure in each foot is complex, comprising 26 bones as well as numerous joints and soft tissues. The bones are split into three groups:
The Metatarsus – We have 5 metatarsal bones in the mid-section of each foot
The Tarsus – This is the ankle joint, which is made up of 7 tarsal bones
The Phalanges – These are the 14 bones in the toes
The most common foot fracture is to the metatarsal bones.
Foot fractures are not the same in every case. You may have a slight crack that causes few issues and heals quickly; or where there are severe foot injuries, you may suffer a crushed foot and need surgery to reposition your bones to encourage effective healing. The foot may be uncomfortable for some injured people, while others may be in a significant amount of pain.
If you’re unsure whether you’ve suffered a fracture – the advice is to seek medical attention as soon as possible. If the break is not treated promptly, you risk longer term problems. Even untreated stress fractures could lead to a worse injury. Athletes are at particular risk of developing a stress fracture and may be tempted to continue activities regardless.
The nature of a broken foot injuries varies depending on the cause and where the injuries sustained are located. The most common foot injuries involving the foot bones are:
Metatarsal fractures – These are common toe injuries which don’t usually need a plaster cast, though displaced metatarsal fractures are serious and the bones may need realigning with surgery.
Sesamoid bone fractures – Two small round bones at the end of the big toe’s metatarsal are the ‘sesamoid’ bones. In the case of straightforward toe fractures, treatment may simply be the use of cushioned or padded soles to relieve any discomfort or pain
Phalange fractures – Usually, these types of toe injuries heal on their own without a plaster cast.
Tarsal fractures (broken ankle) – Often a serious injury, tarsal fractures are typically caused by traumatic force. Immediate medical treatment is necessary, usually involving a case and potential surgery.
Usually, they don’t amount to severe injuries and, with the correct treatment, they typically heal quickly. These include stress fractures – a break or crack caused by overuse – and straightforward ‘closed’ fractures.
However, there are accidents, such as road traffic accidents, that can cause a very severe injury requiring surgical intervention. Ankle (tarsal) fractures are also at the more serious end of the spectrum of foot injuries and may need surgery.
The most serious are open fractures (also called compound fractures) where the bone breaks through the soft tissue and punctures the skin. Open fractures are usually caused by trauma, for instance a road traffic accident or an accident occurred involving a heavy object dropping onto the foot.
Open fractures are extremely painful and need urgent medical treatment. Surgery will almost certainly be necessary, with rods, plates and/or screws inserted to hold the bones in place while it heals.
When you think about it, your feet support all of your weight while standing; and allow you to walk, run and kick a ball. So it’s more than likely you’ll know it if you’ve fractured your foot. Apart from anything else, you’ll probably be in a fair amount of pain and throbbing; and be unable to walk or put weight on it.
The NHS highlights the three most common signs of a bone fracture: physical pain or tenderness; swelling; and deformity. So, your foot could be swollen and bruised; you may experience pain when the area is touched or pressed. It needs medical treatment, whether at A&E or your minor injuries unit.
If left untreated, your foot is likely to becoming increasingly swollen and painful – in which case, you should certainly see a doctor quickly. It could simply be a strain or a sprain – but if a fracture is found, treatment will depend on the injury and could be a plaster cast, a walking boot – or just crutches.
You’ll probably be told to keep your foot immobile for up to 12 weeks (depending on the nature and extent of the fracture).
Bone fractures in the feet can be caused where an accident occurred and excessive force or twisting movement is involved. It’s not uncommon to suffer a foot injury because you’ve carelessly tripped over something at home or been using your mobile phone when walking downstairs – if your broken foot happened and it was your fault, you probably won’t be able to claim foot injury compensation.
However, it’s important not to assume only you were solely responsible – specialist solicitors will be able to look at the full circumstances of your foot injury and advise whether someone else breached their duty towards you. The fact is, broken and fractured feet are very often the direct result of negligence and breach of duty.
That said, they can also happen where the injured person has an underlying health condition, such as osteoarthritis. The most common causes of accidents that result in broken or fractured feet include:
Just about any type of employee or worker is at risk of a foot injury in the workplace, whether on a construction site or in the office. Manual workers are more at risk, but where workers have to move from one position to another – they could sustain a foot or ankle injury if there are hazards or dangers that should not be there.
Employers are legally required to follow the relevant health and safety regulations to protect their employees from the risk of injury, including fractured feet – or face accident claims when workers get injured.
Sports accidents, particularly athletics, are a key cause of foot injuries. Events such as long jump, high jump and hurdlers put tremendous stress on the individual’s feet and ankles. Contact sports, such as rugby, football and hockey also carry a risk of foot injuries. In February 2022, England defender Kieran Trippier suffered a fractured metatarsal in his left foot when he was stamped on during a match.
While anyone taking part in a sporting activity does so knowing there is a risk of injury, not all injuries are unavoidable. For example, if an athletics coach does not ensure a runner warms up properly before a sprint, and the runner suffers a stress fracture in the foot, the coach could be held responsible for negligence.
If game organisers fail to ensure the playing surface is properly maintained and a player slips and breaks their foot, the injured player could make a broken foot compensation claim.
Tripping over an uneven paving slab or manhole cover can easily cause a broken metatarsal bone; while slipping on liquid left on the floor or a slipper surface can lead to a fracture or sprain. Slips, trips and falls are one of the most common causes of lower limb fractures and ankle injuries.
An excess force exerted on your foot is likely to cause a fracture. This type of traumatic incident may involve, for example, a fall from a height such as high wall or a heavy object landing on your foot. If the incident was someone else’s fault, you should seek legal advice about your prospects of success if you claim compensation.
Serious car accidents are a major cause of broken feet and other injuries because of the speed and force involved. If you’ve been involved in a road traffic accident or any road traffic situation where you’re not at fault, and someone else was negligent, you should be able to start a personal injury claim for your foot injury. You might be a pedestrian whose foot was crushed by a vehicle mounting the pavement; or a cyclist hit by a vehicle. Such accidents can cause serious injuries and the injured person deserve to be compensated.
Local authorities are responsible for ensuring their land and property – whether that’s stairs and, pavements, etc – are kept in a good state of repair and safe for members of the public to walk on. Where councils fail in their duty of care and someone falls or trips on a hazard, they could be held responsible and be expected to pay compensation to the injured person under public liability laws.
Similarly, if your foot injury took place on private land or property and it was someone else’s fault, you could be entitled to claim compensation from the owner/occupier of the property. It is important to take specialist legal advice about your rights to make a claim under occupiers’ liability law.
While children are naturally accident prone, accidents and injuries involving children are not inevitable. Anyone who provides and operates play equipment for children, whether that’s in a council run park, a private children’s play area or in school, has a legal duty to ensure children are kept reasonably safe from the risk of injury.
Regular risk assessments should be carried out; and equipment inspected and kept properly repaired and maintained. If a child suffers injury such as a foot injury as a result of poorly maintained equipment, they could be entitled to claim compensation.
Find out more about claiming playground injury compensation.
Violent assaults can cause potentially serious injuries including broken bones. Thankfully, anyone who suffers a fracture or other personal injuries could be entitled to claim compensation from the Criminal Injuries Compensation Authority (CICA). This is a government-run compensation scheme.
CASE STUDY
A worker who was injured in Coventry after getting her feet caught in a ‘Henry Hoover’ was awarded £12,566 in compensation
Bone-weakening conditions, such as osteoporosis, diabetes and advanced bone cancer, increase an individual’s risk of a broken bone, including in the foot. This type of fracture is known as a pathological fracture.
If you or a loved one has fractured your foot and it wasn’t your fault, it’s straightforward to begin a foot injury claim. Get in touch with a legal advisor for free advice and in complete confidence on 0800 234 6438. They’ll let you know whether they think you’re eligible claim compensation, and can then pass you on to a specialist solicitor.
FACT
1 in 2 women and 1 in 5 men over the age of 50 will break a bone because of poor bone health, such as osteoporosis
Fortunately, with the correct initial treatment most foot fractures heal relatively quickly without surgical intervention. You may need further rehabilitation such as physiotherapy or occupational therapy, but soon you’ll be walking around comfortably.
In less straightforward cases, such as compound fractures and crushed foot injuries, the person’s recovery can be more challenging. You may need surgery and ongoing treatment and full recovery may not be guaranteed. In the worst cases, you could be left with a permanent disability and unable to use your foot as you once did before the accident. Personal injury claims are intended to compensate you to reflect the full seriousness and extent of your injury and its impact on you.
Some of the potential complications associated with fractured feet include:
This happens when pressure within one foot – usually caused by swelling – restricts the blood supply. It causes initial pain and numbness but can damage the nerves and muscles. Surgery is usually necessary.
Uneven growth is a particular risk for children if they’re not treated with enough care. It is also a risk if an adult’s broken foot is not pinned in the correct position
A sharp end of a broken or shattered foot bone can pierce the surrounding nerves, leaving to ongoing nerve damage
Often the result of the foot and ankle being immobilised. Physiotherapy may be necessary.
Compound fractures where the bone pierces the skin are especially prone to infection and urgent treatment is necessary.
In the most serious cases where infection of a fractured foot cannot be controlled, a planned foot – or foot and ankle – amputation may be necessary.
Fractures that reach the joint can cause arthritis in future years.
A foot fracture is not straightforward in every case; not everyone fully recovers. The impact on your life could be substantial. Thankfully, your compensation claim will take into account the full impact of your injuries on your life and you can rely on your solicitor to recover maximum compensation for you.
Yes, if your foot fracture was someone else’s fault – a third party should be held responsible. Whether your foot injury occurred at work or while playing on the sports field – if someone else is to blame, you could be entitled to claim compensation for negligence.
To prove that another party was negligent, your solicitor will have to demonstrate on balance that they had a duty of care towards you; they breached that duty; and your foot injuries were foreseeable and were directly caused by their negligence.
Your solicitor will talk you through how foot injury compensation claims are conducted; and tell you what information they will need to prove your case. The most important step you can take is to call on 0800 234 6438, or if you prefer, you can request a call back using the injury claim form here.
Every employer is legally required to ensure the workplace is safe from the risk of personal injuries to workers. Their general responsibilities towards worker safety are set out in the Health and Safety at Work Act 1974 and other laws. One of the key duties is to undertake initial and ongoing regular risk assessments and to swiftly deal with any health and safety risks identified – so far as they reasonably can.
For example, if there are heavy or awkward objects being moved around a construction site, workers should be provided with appropriate personal protective equipment (PPE) such as steel capped work shores. Visible warning signs should be strategically placed to ensure workers are made aware of the potential hazard of falling or flying objects, or vehicles moving around on site. If reasonable measures are not implemented and a worker is hit by a heavy object or a forklift truck, and suffers a fractured foot, the employer should be held responsible for their injuries.
In addition to general health and safety rules, there are specific rules relating to certain types of work. For instance, the Work at Height Regulations 2005 requires employers to ensure work at a height is properly planned and supervised, including providing the right equipment for use, to minimise the risk of a working falling and breaking their foot.
Where an employer fails to take these precautions to protect workers from the risks and a worker suffers injury, they are likely to face foot injury claims for compensation; and claims for other injuries also caused by their breach of duty of care.
If you’ve been injured at work, it’s wise to check that your employer has recorded the incident; and also formally reported the incident to the Health and Safety Executive. This is because under RIDDOR (the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013), fractures and breaks must be reported (except for toe fractures). The report and any subsequent investigation will be important evidence in your foot injury claim.
To start claiming foot injury-type compensation following a workplace accident, call for a free consultation on 0800 234 6438, or if you prefer, you can request a call back using the claim form here.
FACT
95% of major slips in the workplace result in fractured bones
We understand that for many injured workers, the prospect of claiming foot injury compensation from employers is daunting – particularly if they are still working for the business. However, it’s reassuring to know that your employer has liability insurance to protect them in the event of a workplace accident that leads to a legal claim. This means successful broken foot compensation claims are paid out by employers’ insurers – and not out of their profits.
Also, you’re legally protected from being unfairly treated or sacked simply because you’re making a foot injury claim. If you feel you’re being harassed or victimised simply because you’re claiming compensation for a workplace injury, tell your specialist solicitors as soon as you can – you may be able to make an additional claim under employment laws.
Missed fractures or misdiagnosis of a fractured foot are not uncommon and in an ideal world they should not happen. However, given the complex bony structure of the feet – it is not always easy to detect fractures, particularly in the case of hairline cracks or stress fractures. Metatarsal stress fractures, for example, are notoriously difficult to x ray. If no fracture is detected and your pain worsens, you can expect to be referred for an MRI scan.
Unfortunately, misreading an x-ray (or scan) so that a fracture is not detected is one of the most common mistakes made in A&E departments. This could mean further damage to the injured foot and a prolonged recovery time.
Find out more about claiming compensation for hospital negligence.
Other potential medical errors include where the fracture is clearly visible on the x-ray – but the foot is not properly aligned and cast; or you’ve undergone surgery on your broken foot but the surgery was carried out carelessly.
The likelihood is, if you’ve suffered a fractured foot which was missed when you sought medical treatment, or you were given a poor standard of care and treatment, you may be able to start a claim for medical negligence.
Greenstick fractures in a child’s foot are a further challenge for medics: the patient’s fracture should be diagnosed as soon as possible and treated with care because of the risk of deformity and potential nerve damage in the foot.
All those who have experienced a fractured foot or other injuries and think they’ve been let down by substandard medical care should be able to bring foot injury compensation claims if they’ve suffered further harm. The important thing is to discuss your situation with a law firm who can provide free legal advice on claiming on a no win no fee basis following a foot injury.
FACT
75 out of 100,000 adults under the age of 50; and 104 per 100,000 of those aged 50+ suffer a fractured ankle every year and the number is rising
The most important step you can take to start a claim for broken foot compensation is to speak with an impartial legal advice service to ensure you don’t waste money on unnecessary legal fees that could leave you in debt. A trained adviser can assess your particular case and let you know if you can make a compensation claim.
Assuming you can – you will be partnered with a specialist solicitor offering a no win no fee service. All you need to do is call 0800 234 6438 for free legal advice about your foot injury or, if you’d rather, request a call back using the claim form here.
Your solicitor will ask you about your foot injury, how it happened, your recovery and how it has impacted your life. They will then start to gather the evidence needed to build the strongest possible foot injury case on your behalf.
To make this as speedy as possible, you should pass on the evidence you have, such as photographs of the scene and of your injury; names and contact details of any witnesses; and any accident reports made to, eg your employer.
Once your solicitors have the necessary evidence, they’ll contact those responsible for your injury, put your claim to them and attempt to negotiate a compensation settlement. Fortunately, most successful foot injury claims are concluded by agreeing a fair settlement with the other side.
However, while most do people want to settle foot injury claims outside of the courtroom, occasionally a negligent party might refuse to agree a fair settlement – or may refuse to admit responsibility. This means a court hearing may become necessary, but your solicitor will represent you throughout any proceedings and work hard to get you the best possible outcome.
If you have suffered a foot fracture and, maybe, further injuries which were not your fault, you can begin the claims process today. Get in touch with a legal advisor for free advice and in complete confidence on 0800 234 6438. They’ll let you know whether they think you’re eligible to make a foot injury case, and can then pass you on to a specialist personal injury solicitor.
When your solicitor makes your personal injury compensation claim, they will seek compensation for your pain and suffering and ‘loss of amenity’. This is known as ‘general damages’ and are intended to reflect your foot injury and account for the wider impact on your life, for example if you’re left with reduced mobility and cannot play your favourite sport.
When making foot injury claims you can also claim for your reasonable financial losses caused directly by the injury. These are known as ‘special damages’.
As no two fractured foot cases are the same, we’re not able tell you exactly how much you might win for your foot injury this early. However, once your foot injury claims solicitor has the full picture of your situation and the emotional and financial effects of the injury on your life, they will be able to discuss your potential compensation with you. You can be assured that they’ll work hard to make sure you receive the maximum foot injury compensation you deserve.
Broken and fractured feet are rarely the same for each person – some heal quickly while significant fractures can lead to long-term problems with walking and running. This means it may be difficult early on to estimate how much in the way of general damages you might win. To put another way, there’s no average amount for foot injury compensation payouts.
Also, if you’ve suffered other injuries apart from your foot injury, your solicitor will also take these into account when calculating the maximum amount of compensation you deserve. That said, helpfully there are official guidelines – the Judicial College Guidelines (2022 edition) – which personal injury lawyers refer to when calculating foot injury compensation payouts. For example:
Why not try our online compensation calculator here? This can provide you with an initial estimate of how much compensation your foot injury compensation claim may be worth – but bear in mind it should only be treated as a guide (especially if you also have other injuries). Your specialist personal injury solicitors will discuss this with you in more detail.
Your claim will also include additional compensation if you’ve had to pay out for anything as a result of your foot injuries, or had to have time off work and lost out on earnings. Special damages covers items such as:
To make it as easy as possible for your solicitor to reclaim these costs, they will need your receipts, invoices and pay slips. These will be needed to prove to the other side how much compensation you are entitled to repay your financial losses.
Yes, medical evidence is almost always necessary in personal injury claims. This is partly why it’s vital to seek medical treatment if you suspect you have a fractured foot or other foot injuries. The initial medical records and notes will be crucial to your claim.
Further down the line, you will be asked to attend a medical assessment with a medical professional, such as an orthopaedic consultant. The doctor will discuss your foot injury with you, examine your foot and write a report setting your prognosis and the impact on your life, and whether further surgery or other treatments are required.
You don’t need to worry about organising this yourself or paying a fee as your solicitor will arrange the appointment with the medical professional on your behalf under the terms of your no win no fee agreement.
Yes, most personal injury claims must be started within three years from the date of the accident. However, if the injured person is under 18, the three-year time limit does not start to run until they reach 18. That said, it’s important the claim is started on their behalf as early as possible while events are fresh in your mind and witnesses can still be contacted.
If the individual lacks mental capacity, the three-year time limit is extended – it does not start to run unless and until they regain their mental capacity.
Compensation claims made to the CICA should be made within two years of the date of criminal conduct and the incident must have been reported to the police as soon as soon as possible in any event.
To find out about the claims process, get in touch with specialist advisors on 0800 234 6438, or use our contact form and ask for a call back. You’ll be partnered with personal injury lawyers for a free initial consultation.
Nicola is a dual qualified journalist and non-practising solicitor. She is a legal journalist, editor and author with more than 20 years' experience writing about the law.
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