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Foot and toe injury compensation

When you have a sore foot, or have injured your feet or toes in some way, it can be debilitating. Walking, driving, working, and just living your life suddenly becomes a whole lot more complicated as you heal and recuperate. In 2017-18 in Australian hospitals, there were 532,562 injuries requiring hospitalisation. Of these injuries, 22,454 (or 4%) of all injuries were related to the foot or ankle. Many of these cases of foot and ankle injury were caused by contact with objects - such as tripping over immobile objects, kicking a toe, cutting the foot, or crushing injuries.

In the workplace in 2021, 3.2% of all accepted claims for WorkCover compensation in Queensland related to claims for injury to the foot and toes. Of the common law foot injury claims for compensation - that is, a claim where a workplace was negligent causing injury - 2.1% of all claims were for foot and/or toe injuries.

If your injury came about as a result of someone else’s negligence—such as tripping in a public place as a result of inadequate signage, or in a car accident—you may be able to make a claim for compensation. In addition, if you have suffered a workplace injury to your foot such as a broken toe in a crushing injury, you will be able to make a WorkCover claim which provides compensation for lost income for time off work, and medical expenses associated with your foot and/or toe injury.

Whether your injury is related to soft tissue damage or you are suffering from a broken bone, such as a broken toe, the personal injury solicitors at Murphy’s Law Accident Lawyers are here to provide comprehensive legal advice and support when making a foot injury claim.

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Common foot and toe injuries

Foot injuries can range from mild, such as a stubbed toe, through to serious, such as a deep cut to the sole of the foot causing ligament damage, or a crush injury causing multiple injuries.

Some of the most common foot and toe injuries are caused by:

  • Crush injuries - where the foot is trapped between two objects causing damage such as soft tissue damage, broken bones, ligament damage, bleeding, and pain
  • Breaks - where a bone in the foot or toe is broken due to impact or contact with an object
  • Sprains and strains - where the foot or toes have soft tissue damage, swelling, and pain
  • Amputation - where the foot or toes are partially or completely amputated due to trauma, such as a car accident

Common causes of foot and toe injuries

While injury to your foot or toe can happen in any number of ways, some of the most common causes of foot and toe injuries include:

  • Car accident - whether you are in a vehicle and are involved in an accident, or you are a bystander who has had their foot run over by a vehicle, foot and toe injuries can be common in car accidents.
  • Workplace injury - workplace injuries can happen due to contact with machinery or tools, or due to accidents such as crush injuries
  • Tripping or falling in a public place - improper signage, uneven ground, slippery surfaces and a range of other factors can contribute to foot and toe injuries in a public place such as a supermarket or shopping centre.
  • Poor footwear - in some cases, you may not have appropriate footwear for your employment and this can cause you to suffer foot injuries, such as plantar fasciitis, which can worsen over time

If your injury has been caused by someone else’s negligence, whether you were in a public place and have been injured or if you were in an accident and have suffered injury to your foot or toe, you may be able to make a personal injury claim for compensation.

Jobs with high risks of foot and toe injuries

Some jobs come with a greater risk of injury simply due to the type of work undertaken, and the work environment. Some of the jobs with a high risk of foot and toe injuries include:

  • Mining work - workers in mines are at risk of injury caused by impact with objects, such as crush injuries with machinery, or injury associated with tool use or vehicles.
  • Trades and manufacturing industries - crush injuries, sprains and strains, broken bones and potential amputation are all risks associated with the trades and manufacturing industries.
  • Healthcare professionals - when you are on your feet all day you are at a greater risk of suffering an injury due to overuse of your feet, and nurses and doctors are often spending most of their shift on their feet.
  • Hospitality workers - another group who are at risk of foot and toe injuries due to being mobile for most of their shifts

If you have been injured as a result of undertaking work - even if you were in a car accident going to or from work - you will be able to make a claim for workers compensation. 

Employers have a responsibility to provide a safe place of work, and if your injury was caused as a result of the negligence of your employer you may be able to make a common law claim for compensation. The amount of compensation you may be eligible for will depend on the type of injury and how much impact the injury has on your life and ability to work.

Broken foot compensation

A broken foot is a serious injury which can be difficult to recover from, as there are many small bones in the foot which cannot be set and which simply require time to heal. In some other cases you will need to isolate the foot and joint, and wear a moon boot, or similar, to ensure that you do not further damage your foot.

A broken toe, if suffered in the workplace, would be classed as a minor foot injury. More serious broken bones, such as a displaced toe fracture (where the bone is shifted) are classified as moderate foot injuries, while an extreme foot injury is classified as 15% or more whole-person impairment which might arise from an injury such as a shattered ankle, requiring heel fusion.

Foot injury compensation claims are calculated by considering the injury you have suffered and then assigning an injury severity rating to this injury. 

Minor injuries are lower, and garner proportionate compensation, while severe injuries attract a higher compensation figure. The severity rating then dictates how much compensation you may be eligible for. 

Our personal injury lawyers can provide legal advice around your potential compensation payment and can assist you in commencing your claim for broken foot compensation.

Crushed foot injury compensation

A foot crush injury is one where the foot is trapped between two objects causing injury. 

A crush injury can range from mild, where there is soft tissue damage only, through to severe, where there is significant injury and damage to the foot, toes and ankle. 

Crush injuries are assessed in the same way as broken foot and toe injuries, in that the injury is assigned a severity rating based on how severe it is, and how much pain and permanent impairment there is. This severity rating is then used to calculate the amount of compensation you may be eligible to receive.

Toe injury compensation

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A toe injury can be very difficult to recover from, as it is difficult to immobilise your toes without immobilising your whole foot. As a result, the downtime in recovery can be a period of some weeks. 

A toe injury compensation payment might be for a broken big toe, or might be for something more serious like the complete or partial amputation of your toe, or toes. 

  • Serious toe injuries include crushing injuries, or wounds with significant symptoms.
  • A moderate toe injury will involve permanent discomfort and pain or sensitive scarring.
  • Minor toe injuries are things like fractures or soft tissue injuries.

How are foot and toe injuries calculated?

Claims for foot and toe injuries are calculated by looking at the severity of your injury and then identifying the amount of compensation you may be eligible for, based on the impact the injury has on your life (including your ability to work, and associated medical expenses for treatment and ongoing care). 

A claim for compensation considers your lost earnings and potential loss of future income, as well as medical treatment and care, and any pain and suffering, general damages, or potential loss of enjoyment in life. 

How much compensation for losing a toe?

The loss of a toe is an extreme toe injury, and will be assigned a higher injury severity rating. If you have lost a toe, you may be eligible to make a substantial claim, depending on your loss. It is best to speak to our team to find out where you stand in relation to your claim for compensation.

Time limits for foot and toe injury claims

When you are injured, you have a certain amount of time in which to commence your claim for compensation. If your injury was caused in a car accident, in a public place, or came about as a result of medical negligence then you will need to commence your claim within three (3) years from the date of your injury. If your injury was suffered at work, and you intend to make a claim for workers compensation, you will need to commence your claim within six (6) months. Any claim for general damages in a workplace situation will need to be commenced within three (3) years of the date of your injury.

Speak to our no win no fee lawyers today and find out where you stand in relation to your foot or toe injury. We can help you to identify whether it is viable for you to pursue a claim for compensation and are here to support you as you move through the claiming process.

Posted by Sarah Truter Solicitor

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Disclaimer: Please note, this content is designed as general information only and does not constitute legal advice. While we make every effort to fact check and keep items up to date, legislation may change from time to time. For advice on your specific situation then please contact us.
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