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

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.

knee injury at work

A guide to claiming after a knee injury at work

Select A Section:

  1. What Are Knee Injuries In The Workplace?
  2. How Can Knee Injuries Happen in the Workplace?
  3. What Evidence Could Prove My Knee Injury Claim?
  4. How Do I Calculate Compensation For My Case?
  5. No Win No Fee Agreements For Knee Injury At Work Claims
  6. Learn More About Knee Injury At Work Claims

What Are Knee Injuries In The Workplace?

Suffering a knee injury at work is something no one should have to go through. Normally they are caused by accidents, which could happen anywhere. In a workplace, you could suffer an injury due to employer negligence. 

In order to prove that employer negligence has occurred, you would need to assess whether: 

  • You were owed a duty of care by your employer
  • The duty of care owed to you was breached
  • You suffered an injury or illness as a result

If you are able to show these three points, then you could be eligible to make a claim for compensation. Knee injuries at work claims would be classed as personal injury claims. 

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%.

How Can Knee Injuries Happen In The Workplace?

Knee injuries can happen in the workplace for different reasons. For example, employees might act recklessly and injure themselves. Alternatively, a knee injury can happen at work due to employer negligence.

All workplaces must be in line with the Health and Safety at Work etc. Act 1974. 

The Health and Safety at Work etc. Act 1974 (HASAWA) is one of the most prominent pieces of legislation that governs health and safety within a workplace. It outlines the employer’s duty of care. This means that employers should take reasonable measures to protect the safety of employees.

They can do this by identifying any health and safety risks to which employees could be exposed while at work and taking the appropriate measures to control any workplace risks.

An example of a workplace accident would be if you are trapped under a falling object or even a slip, trip or fall caused by a spillage that wasn’t signposted correctly. Employer negligence can come in the form of many incidents such as not putting the appropriate health and safety signage out or not following the health and safety procedure correctly.  

For more information on knee injury at work claims, contact us through our live chat feature.

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
Knee Injury: Moderate (ii)Up to £12,900Injuries in this bracket are considered less serious and include lacerations or bruising injuries. Additionally, there is a continuous aching, pain or occasional discomfort.
Knee Injury: Severe (ii)£48,920 to £65,440Injuries that involve a leg fracture which extends to the knee.
Knee Injury: Moderate (i)£13,920 to £24,580Includes injuries that involve torn cartilage and dislocation that results in a weakness in the knee or a minor instability.
Knee Injury: Severe (iii)£24,580 to £40,770An injury that is causing a limitation of movement and instability that may need surgery.
Knee Injury: Severe (i)£65,440 to £90,290A 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
Leg Injuries: Amputation (ii)
Below-knee Amputation of Both Legs
£189,110 to £253,480This 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: Moderate (iv)£26,050 to £36,790Injuries involve any limited movement in the joints, instability in the knee and the disjoint union of any fractures.
Leg Injuries: Amputations (iii) Above-knee Amputation of One Leg£98,380 to £129,010Injuries 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£91,950 to £124,800Injuries that are below the knee amputation.
Severe Leg Injuries: Serious (iii)£36,790 to £51,460Injuries to the joints or to the ligaments that have caused some form of instability, extensive scarring and a prolonged form of treatment.

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

These agreements are also called Conditional Fee Agreements and are an arrangement between your and your personal injury solicitor. It contains the understanding that if you win the case, then you will have to pay a success fee. However, the percentage of the fee is capped by law. Your solicitor will discuss this with you so that there aren’t any surprises.

On the other hand, if your case is unsuccessful then you wouldn’t have to pay the success fee to your solicitor. 

You do not need a solicitor to begin the claims process. However, it is useful to obtain a solicitor’s knowledge and advice.

Our advisors can put you in touch with our panel of personal injury solicitors. This service is available 24/7 so feel free to contact us about your questions.

Talk To Us About A Knee Injury At Work Claim

If you are still struggling with making a claim about a knee injury at work, then please contact us through: 

  • Using our live chat feature
  • Calling us on the number at the top of the screen
  • Contacting us through our website

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