Talus Fracture Ankle Fusion Work Accident Claim: Fall In A Hole In A Factory Floor In Wigan
In this Q&A we answer a work accident victim’s online question concerning a fracture to the talus bone requiring an ankle fusion operation following a fall in a hole in a factory floor in Wigan.
We evaluate the chances of success and discuss the best time to start a claim. Finally, we set out how to make a work injury claim and how to calculate your likely compensation payout amounts.
Factory Worker Accident Description
I was at work in a factory as a labourer and machine operator in a factory Wigan in Lancashire. I was carrying a heavy box and I walked over a hole covered by plywood. The plywood gave way and I dropped about a foot and my full weight fell onto my twisted ankle.
I was assisted by a colleague, an entry was made in the accident book. Thereafter, an ambulance was called and I was taken to A&E, where I was x-rayed. A comminuted fracture of the talus bone in my ankle was diagnosed.
It is likely my fractured talus bone might not heal correctly and I will require a fusion of the talus and fibula. Early onset of osteoarthritis is likely. I currently walk heavily, have been off work for 6 months and I have to use crutches.
Can I make a claim against my employer and if so, should I wait to see if arthritis sets in before commencing my claim for compensation?
Factory Work Accident FAQ / Q&A
Yes – you have a very good chance of succeeding in a claim against your employer for compensation for your fractured ankle. Your employer should keep you safe at all times and this includes keeping the flooring at work free from holes. It is entirely foreseeable that a worker could fall in the manner you did. Therefore, the area should have been correctly sectioned off to eliminate the danger.
We note that in your case – plywood was used to cover the hole. However, as the plywood failed when you walked on it – it is clear that was an inadequate remedy.
We believe it is best to commence a claim immediately. This will give you the best chances of success. Several months into the claim’s process, a medical report will be obtained from an independent orthopaedic expert – which will set out your injuries and the likelihood of ongoing problems.
The medical expert could also suggest a further report (an addendum report) after a time period should there be any significant medical procedures in the future that are necessary. For example, the ankle bone fusion operation you have alluded to.
The point being – that all of your injuries, both present and into the future, will be compensated for whether you commence your claim now or at a later stage.
You would be able to claim for your pain and suffering for your comminuted ankle fracture, osteoarthritis and fusion operation.
A fusion operation is quite a serious procedure as it involves shaving the talus and fibula bones to promote them growing, or fusing together. This will lead to a permanent impairment in the use of your ankle and could affect your ability to work or find future employment should you lose your current job.
You would therefore have a claim, in addition to pain and suffering, for financial losses including lost income both in the past and the risk in the future even if you are able to return to work. Future risk is known as a disadvantage on the open labour market.
See our ankle fracture compensation payouts table and financial loss and expenses article for more details.
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