How To Make A Compensation Claim For A Knee Injury At Work

Last Updated 30th July 2024. Have you suffered a knee injury at work and are looking to claim? Are you confused about where to start? This guide has been created to help you through the process.

Our advisors are on hand 24 hours a day, 7 days a week to offer you free legal advice and to answer any of your questions. You can get in touch with us by calling the number at the top of the page, contacting us via our website or using the live chat feature.

A physiotherapist tending a person's knee, which is in a brace

Select A Section:

  1. Who Can Claim For A Knee Injury At Work?
  2. What Evidence Could Prove My Knee Injury Claim?
  3. How Do I Calculate Compensation For My Case?
  4. No Win No Fee Agreements For Knee Injury At Work Claims
  5. Learn More About Knee Injury At Work Claims

Who Can Claim For A Knee Injury At Work?

To make a knee injury at work claim, you need to be able to prove that negligence occurred. In personal injury law, negligence means that:

  • You were owed a duty of care
  • This duty was breached
  • You were injured because of this

But what is a duty of care? Essentially, this means that another party has a legal obligation to take reasonable steps to prevent you from coming to foreseeable harm. For example, while you’re working, your employer owes you a duty of care.

This is outlined under the Health and Safety at Work etc. Act 1974 (HASAWA), which discusses the steps that your employer needs to take to uphold their duty of care. They need to take all reasonably practicable steps to keep you safe while working, which might include providing training, undertaking risk assessments, and offering personal protective equipment (PPE).

Get in touch with our team of helpful advisors today to find out if you can make a knee injury compensation claim. They can answer all of your questions through a free consultation, and may connect you with a specialist solicitor from our panel.

Time Limit When Claiming 

When making a personal injury claim, you generally have 3 years from the date of the accident or the date you became aware that someone’s negligence caused or contributed to your injury to start a claim. The time limit is set out by the Limitation Act 1980. However, there are exceptions to this rule: 

  • Claiming on the behalf of a child under the age of 18. This means that you would have to apply to become a litigation friend. However, if the minor turns 18 and nobody has claimed on their behalf, they would have 3 years from the date of their 18th birthday to start a claim. 
  • Claiming on the behalf of a person who lacks the mental capacity to. Here, the time limit is suspended. If the person regains mental capacity then that person could take over the claim. If someone hasn’t already claimed on their behalf, the time limit starts from the date of the recovery.

To find out more about the time limits and knee injury at work claims, feel free to contact us through our live chat feature.

The Frequency Of Knee Injury At Work Accidents

The Health and Safety Executive (HSE) makes detailed research into injury and illnesses within the workplace. It publishes health and safety at work statistics for Great Britain.  

Employers have to report certain incidents under The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR). The HSE use the reports to create statistics that show that in the year 2020/21 there were 14,938 people that suffered a non-fatal injury to the lower limb locations, including the foot, ankle and toes. Out of the 14,938, there were 6,245 people who suffered an injury to the rest of the lower limb. This includes the knee and leg. 

For non-fatal injuries to employees in 2020/21, 33% were caused by slips, trips or falls on the same level. This is followed by handing, lifting or carrying at 18%.

What Evidence Could Prove My Knee Injury Claim?

The first step to take after you have been involved in an accident is to seek out medical attention. This should always be the first step after an accident. Every workplace should have a qualified first aider. It is their role to assess the injury and offer the appropriate care. 

The appropriate person should make a record of the accident in the accident book. 

Once the first step is complete, after some time in recovery, you could begin to start the claims process. For this to be as effective as possible you could start to gather information and evidence. These can be items such as:

  • Photos of the accident site
  • Photos of the injury 
  • Contact details of witnesses 
  • CCTV footage of the accident 
  • A written record of the accident from the accident book

While it is not mandatory, it can also be helpful to get legal advice while you are preparing to claim. This can clear any doubt or fears you may have when claiming. It can also help you understand the legal requirements you may have to go through.

For further advice on knee injury claims, our advisors are happy to help. They are available 24 hours a day, 7 days a week.

How Do I Calculate Compensation For My Case?

The Judicial College publishes guidelines that set out the different brackets of compensation that could be awarded. There are many different factors that go into creating the brackets, including the severity of the injury, how long you have suffered and the effects the injury has had on your day to day life. 

Your solicitor could use these guidelines as a reference point when valuing your claim. The table below could be used to gain a better understanding of the valuing of different knee injury at work claims. 

Types of InjuriesHow Much?Description
Multiple Severe Injuries And Special DamagesUp to £500,000+Multiple severe injuries combined with lost earnings and other financial losses.
Leg Injuries: Amputation (ii)
Below-knee Amputation of Both Legs
£245,900 to £329,620This depends on whether the injury has factors such as the severity of phantom pains, any side effects such as backache and the development of any degenerative changes to the other remaining joints.
Leg Injuries: Amputations (iii) Above-knee Amputation of One Leg£127,930 to £167,760Injuries depend on the level of the amputation, the success of any prosthetics and the development of any side effects such as backache.
Leg Injuries: Amputations (iv) Below-Knee Amputation of One Leg£119,570 to £162,290Injuries that are below the knee amputation.
Knee Injury: Severe (i)£85,100 to £117,410A serious knee injury that has resulted in the joint being severely affected. With the addition of loss of function, with a considerable amount of pain
Knee Injury: Severe (ii)£63,610 to £85,100Injuries that involve a leg fracture which extends to the knee.
Knee Injury: Severe (iii)£31,960 to £53,030An injury that is causing a limitation of movement and instability that may need surgery.
Knee Injury: Moderate (i)£18,110 to £31,960Includes injuries that involve torn cartilage and dislocation that results in a weakness in the knee or a minor instability.
Severe Leg Injuries: Serious (iii)£47,840 to £66,920Injuries to the joints or to the ligaments that have caused some form of instability, extensive scarring and a prolonged form of treatment.
Severe Leg Injuries: Moderate (iv)£33,880 to £47,840Injuries involve any limited movement in the joints, instability in the knee and the disjoint union of any fractures.

Injuries are often valued by taking into consideration the severity of the harm you sustained and the impact it may have on your quality of life. This is what the term general damages refers to. It’s compensation for the physical and mental suffering you endure. 

There may be a need for you to prove the severity of your injuries. In this case, you would be assessed by an independent medical professional, and they will then make a report of their findings.

Special damages, on the other hand, is the term used when there are additional financial expenses that were incurred as a result of the injury. Both past and future losses incurred as a result of your injuries could be claimed under special damages, provided that you have evidence. For example, payslips could be used to show any loss of earnings that were incurred as a result of you being unable to work while recovering. 

Types of financial losses that are considered a part of special damages:

  • Childcare costs
  • Loss of wages
  • Travel expenses 
  • Prescriptions/aids 
  • Additional house modifications

If you have any further questions, don’t hesitate to contact us via our live chat feature.

No Win No Fee Agreements For Knee Injury At Work Claims

We always recommend making a knee injury compensation claim with the help of a solicitor. This isn’t a mandatory step, but it can make the process feel a lot less complex.

Our panel of solicitors have to go through years of education and training before they can qualify, and they can use this extensive experience to help you:

  • Maximise your compensation through negotiation
  • Support your claim with compelling evidence
  • Clearly understand technical legal terms and jargon
  • Further understand each step of the claims process
  • Prepare your claim to go to court if negotiations fail

Plus, our panel of knee injury at work solicitors work on a No Win No Fee basis. Under a kind of contract known as a Conditional Fee Agreement (CFA), you can access all of the services listed above and more without having to:

  • Pay for them upfront
  • Pay for them as the claim is ongoing
  • Pay for them at all if your claim isn’t successful

If you do make a successful knee injury at work claim with the help of a No Win No Fee solicitor, they will take a success fee. This fee is taken in the form of a legally-capped percentage of your compensation.

Contact Us

Our team of advisors are here to help, and can answer your questions through a free consultation. They’ll talk you through your potential claim, and tell you whether or not you could be due compensation. If you are, then they may connect you with an expert solicitor from our panel.

To get started:

Learn More About Knee Injury At Work Claims

Here are some additional resources for you to have a look through.

The NHS website has a helpful guide on what to do if you have suffered knee pain. 

They also have information on finding services near you. 

The HSE also offers a guide on how to report an accident at work with examples of the different types of accidents. 

We also have articles and guides on accident at work claims which you can read below:

To find more about claiming for knee injury at work claims caused by employer negligence, reach out to our advisors. 

Written by WEL

Published by VIC