Rewrite of: https://www.publicinterestlawyers.co.uk/accident-at-work-claim/stood-on-a-nail-at-work
Plan: https://docs.google.com/document/d/10UNsIuDs9VJBpCBqFt4WQskKGIaOtT6p1OyAt-N5aJk/edit?usp=sharing
It is the responsibility of every employer to ensure they provide a safe working environment that is well maintained, free of environmental hazards and appropriately supervised. If you stood on a nail at work, you could well be entitled to compensation.
In this guide, we’ll look at the key aspects of making an accident at work claim, including the duty of care owed by employers, the type of injuries that stepping on a nail can cause, and how you can prove those injuries were the fault of your employer.
At the end of our guide, we examine the advantages of working with our expert panel of No Win No Fee solicitors for your accident at work claim.
Get in touch with our advisors today using the contact details given here:
- Call the team on 0800 408 7825.
- You can also contact us online by completing this form.
- Open the live chat window on screen now.
Select A Section
- Could I Claim If I Stood On A Nail At Work?
- Injuries That Could Be Suffered After Stepping On A Nail
- How Much Compensation Could I Receive?
- What Should I Do After I’ve Stood On A Nail At Work?
- How Can I Prove My Employer Was Negligent?
- Use Our Panel Of Solicitors To Make A No Win No Fee Claim
- More Information
Could I Claim If I Stood On A Nail At Work?
Stray nails and other sharps present a very real and avoidable risk to employees and members of the public if they can access those areas. As well as causing substantial wounds, a nail on the floor can also result in any number of infections, including some potentially serious and life threatening conditions.
Under the Health and Safety at Work etc. Act 1974 employers are required take reasonable steps to ensure the safety of their employees. How precisely this duty is met will depend on the work being carried out.
In order to help employers remain compliant with the law, the Health and Safety Executive (HSE), Britain’s national regulator for workplace health and safety produce extensive guidance on key areas such as maintaining the right workplace facilities and preventing slips and trips through means such as ensuring spillages are promptly cleaned, and hazards, such as stray nails are removed.
The eligiblity criteria to begin a a personal injury claim after you stood on a nail at work are as follows:
- You were owed a duty of care by your employer.
- This duty was breached in some way.
- As a result of this breach, you suffered injuries.
To get your eligibility assessed for free, contact our advisors today.
Injuries That Could Be Suffered After Stepping On A Nail
A nail is a metal fixing used to attach objects to walls or hold wooden structures together. So, stepping on a stray nail can cause major injuries to your foot as well as further medical complications. We’ve given a few possible examples here.
Puncture Wounds
A puncture wound is characterised by a small hole in the body caused by a sharp, pointy object. They are distinct from cuts and lacerations as as the wound is deep and highly localised, unlike a cut, which is often a more shallow but longer wound.
Puncture wounds can become infected easily due to their depth, making them difficult to clean properly. Furthermore, if nerves are damaged, the injured person could end up in permanent and severe pain.
Torn Skin Or Lacerations
A nail might not become lodged in your foot but rather cause a tearing or laceration injury if you step and stumble on the nail. Lacerations can bleed considerably depending on their size and depth.
Infections
Any break in the skin can become infected however, a nail presents a significantly heightened risk. A nail that has been left on the floor can pick up all sorts of bacteria, which, if they enter the bloodstream, can cause an infection. The depth of a typical wound caused by a nail also presents a significant increase in the infection risk. A combination of a small entry hole and deep penetration makes it much harder to clean and disinfect properly.
Tetanus
Tetanus is a serious and life-threatening condition that causes lockjaw, muscle spasms and seizures. While a rare condition due to vaccines for tetanus being routinely administered since the 60s, wounds that are dirty or have objects stuck inside them, such as a rusty nail, increase the risk of contracting this potentially fatal disease.
Potentially Fatal Conditions
As well as tetanus, other life-threatening conditions could be contracted. For example:
- Sepsis: also known as blood poisoning, this where you’re immune system overreacts to an infection and begins to attack your tissues and organs.
- Cellulitis: bacterial infection in the deeper layers of your skin that causes painful red swelling.
To get a free eligibility assessment, and find out more about claiming for your particular injuries, get in touch with our advisors today.
How Much Compensation Could I Receive?
If you stood on a nail at work, there are two heads of claim under which compensation may be calculated. These are:
- General damages: this head of claim compensates for the physical and psychological harm caused.
- Special damages: financial harm caused by your injuries may be compensated under this head of claim.
In order to determine a possible compensation figure, your legal team can refer to your medical documents alongside the Judicial College Guidelines (JCG). This publication sets out guideline compensation for various types of injury, some of which you can see below.
Compensation Table
Please be aware that the top entry is not a JCG figure and that this information has been included for guidance purposes only.
| Type of Injury | Severity | Guideline Compensation Amount |
|---|---|---|
| Multiple Very Severe Injuries with Special Damages | Very Severe | Up to £500,000 + |
| Foot Injuries | Amputation of One Foot (a) | £102,470 to £133,810 |
| Very Severe (b) | £102,470 to £133,810 | |
| Severe (c) | £51,220 to £85,460 | |
| Serious (d) | £30,500 to £47,840 | |
| Moderate (e) | £16,770 to £30,500 | |
| Modest (f) | Up to £16,770 |
Special Damages For An Accident At Work
As we said previously, financial harm may be compensated under special damages. A few examples of such costs have been provided here:
- Loss of earnings.
- Medical expenses.
- Modifications to your home.
- Domestic care and support.
- Transport costs.
Make sure you hold onto copies of any documents (payslips, travel tickets, receipts) as evidence of the financial harm you have sustained.
To get a more detailed idea of what your potential workplace accident claim could be worth, talk to our advisory team today using the details provided below
What Should I Do After I’ve Stood On A Nail At Work?
After any accident, but especially for a potentially life-altering scenario such as if you stood on a nail at work, there are some steps you should take to not only protect your own well-being but give any potential claim the best chance of success.
Steps you should take include:
- Reporting the accident to your manager or supervisor.
- Getting medical attention.
- Ensuring the incident is recorded in the workplace accident book.
- Find out if you could make a claim and seek appropriate legal advice.
What Is The Time Limit To Claim?
Most personal injury claims are subject to a 3 year time limit, counted from the date of the incident, as per the Limitation Act 1980. However, exceptions to this can apply in some circumstances, these are:
- Children: persons under 18 cannot claim for themselves, and therefore, the 3 years are counted from their 18th birthday.
- Those without sufficient mental capacity: a person without the mental capacity to make a claim will not be subject to any limitation period.
In these scenarios, a suitable adult may apply to act as a litigation friend and begin the claims process much sooner. To check your eligibility for free, contact our advisors today using the details given below.
How Can I Prove My Employer Was Negligent?
If you stood on a nail at work, you need to be able to demonstrate that your employer breached their duty of care and caused the injury.
- You can request CCTV footage of your accident.
- Photograph your injury, the nail itself and the immediate area.
- You can take a copy of your incident report from the workplace accident book.
- Any of your colleagues who saw the accident occur could provide a witness statement. Get all relevant contact information so they can be interviewed during the claims process.
You can ask any further questions about gathering evidence for a personal injury claim by speaking to our advisory team.
Use Our Panel Of Solicitors To Make A No Win No Fee Claim
Our panel of expert personal injury solicitors can offer their services to eligible claimants under a Conditional Fee Agreement (CFA). This No Win No Fee contract provides some notable advantages, including:
- No solicitor fees to pay at the start of the claim.
- There will also be no solicitor fees during the actual claims process.
- And lastly, if the claim does not succeed, you will not incur any solicitor fees.
Personal injury compensation will be paid out in the event of a successful claim. The solicitor will take their success fee from this. The Conditional Fee Agreements Order 2013 imposes a binding cap on these fees, so you know you will keep most of whatever is paid out.
Contact Us
We fully appreciate this guide contains a lot of information. You can reach out to advisors with any questions you may have about starting a claim. In addition to further guidance, our advisors can assess the validity of your potential claim for absolutely zero charge.
You can reach us via any of the contact information provided here:
- Call the team on 0800 408 7825.
- You can also contact us online by completing this form.
- Open the live chat window on screen now.
More Information
You can find out about making a personal injury claim by reading some of our other guides:
- Read our guide to council slip and trip accidents here.
- Find out when you could make a chemical burn at work claim and how such injuries are valued with this guide.
- Learn when you could be eligible to claim for a scaffolding accident at work.
These external resources contain additional information that you may find useful:
- Read the NHS guidance on the causes and treatments for heel pain on the website.
- You can find out more about claiming Statutory Sick Pay (SSP) with this government resource.
- Find out more about the work of the Royal Society for the Prevention of Accidents (RoSPA) here.
Thank you for reading this guide to making a personal injury claim after you stood on a nail at work. You can get further information and a free assessment of your eligibility by talking to our advisors today. The team are available 24/7 via the details provided above.
