Broken Toe Compensation Claims

Besides being painful, a broken toe injury may affect your ability to work, engage in hobbies and carry out daily activities. This can also affect your mental well-being and lead to lost wages, out-of-pocket expenses for medical treatments and other financial losses.

If someone else was at fault for your injury, you could claim broken toe compensation for all the damages you incurred. Everyday situations that may lead to a claim include road traffic accidents, accidents at work, sports incidents and objects falling on the foot.

To find out if you have a valid compensation claim, call 0800 470 0474 today to speak to a personal injury solicitor or request a call back. They will offer you a free case assessment and guide you through the claims process, answering any questions you may have.

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By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy. With no win no fee you typically pay 25% of your compensation if your claim is successful, but the fee can vary. Termination fees may apply if you fail to co-operate with your solicitor.

Table of Contents

• What is a broken toe injury?
• Treatment and outcomes of a fractured toe
• Can I make a broken toe claim?
• What evidence do I need to make a broken toe compensation claim?
• Common accidents that may cause a toe fracture
• Can I claim broken toe at work compensation?
• Frequently asked questions
• My child suffered a broken toe. Can I make a claim on their behalf?
• How long do I have to claim compensation for a broken toe?
• How much compensation for a broken toe could I receive?
• Can I make a No Win No Fee personal injury claim?

What is a broken toe injury?

The toes play a crucial role in maintaining balance and providing support during activities like walking, running, standing and climbing. Each toe is made of three bones called phalanges, except for the big toe, which has only two. A broken toe occurs when you fracture or break any of these bones. The main types of broken toes that can occur are:

• Displaced – the ends of the broken bones move out of their typical position and are not aligned;
• Non-displaced – the broken ends of the bone remain in their normal alignment;
• Comminuted – the bone breaks into multiple pieces;
• Open (compound) – the broken bone penetrates through the skin;
• Stress fractures – these are tiny cracks in the bone that result from repetitive stress or overuse.

The signs and symptoms of a broken toe will depend on the type of injury you suffered and its severity and could include:

• Pain, made worse by movement or putting pressure on the affected toe
• Inability to bear weight on the injured area and difficulty walking
• Swelling, bruising or redness
• The broken toe may look deformed or out of alignment
• Limited range of motion
• Tenderness to touch
• Numbness or tingling, which can indicate nerve damage
• A grating or popping sensation when moving the injured toe

If you have any of these symptoms and you suspect a broken toe, you should seek medical advice to get a proper diagnosis and treatment. If your injury was due to someone else’s negligence, you may also consider making a broken toe compensation claim.

Treatment and outcomes of a fractured toe

The treatment for a broken toe will depend on the severity of the fracture. The most common approaches include:

• Elevating the foot and applying ice to help reduce swelling and manage pain;
• Over-the-counter pain medication and anti-inflammatory drugs;
• Using a splint to keep the broken toe in a fixed position during healing;
• Wearing a particular shoe to protect the toe and keep it in the proper position;
• Buddy taping, a method where the injured toe is taped to an adjacent one for support;
• Using crutches when walking to reduce stress on the injured foot;
• Rehabilitation exercises to improve flexibility and reduce stiffness;
• Severe fractures may need surgery, where your doctor will use screws, pins or plates to realign the bones.

Most cases of broken toes will heal within 6-8 weeks. However, some fractures may take longer to recover and could also cause long-term complications, such as:

• Chronic pain and deformity, which could affect balance and gait;
• Failure to heal, which may cause pain, instability and the need for further surgery;
• Developing arthritis in the affected toe;
• Persistent stiffness and reduced range of motion;
• If you have suffered a severely crushed toe, your doctor may need to perform toe amputation.

The outcome of your toe injury will play a crucial role in determining how much compensation you could receive if you make a successful broken toe claim.

Can I make a broken toe claim?

An experienced solicitor can let you know within minutes if you are eligible to start a personal injury compensation claim. They will offer you a free consultation and ask you some simple questions to determine whether:

• Someone else owed you a duty of care
• They breached this duty by acting negligently
• You suffered a broken toe injury in an accident caused by their negligence

Proving a duty of care is typically straightforward. Your solicitor will refer to the legislation that applies to your case to show that the other side had a responsibility to protect your health and safety. For example, if you were injured in a shop or restaurant, the defendant may have breached their duties under the Occupiers Liability Act 1984.

If you are eligible for compensation for a broken toe, your solicitor will help you gather the necessary evidence to support your claim and handle all communication with the other side on your behalf.

What evidence do I need to make a broken toe compensation claim?

The types of evidence you could use to support a broken toe compensation claim include:

• Copies of your medical records related to the injury, such as X-rays, diagnoses, treatment plans, and any follow-up appointments;
• Photographs of the scene where the injury occurred, including any hazards or conditions that contributed to the incident before anything is moved or replaced;
• Pictures of visible changes to your toe, such as bruising or misalignment;
• Witness accounts can provide additional perspectives on how the injury occurred and may support your broken toe claim;
• If the injury happened at work or in a public place, report the accident to the responsible party and ask for a signed copy of the report;
• Reports from medical experts or specialists may be necessary if there are complex issues involved or you need to establish the long-term impact of the injury;
• Records of any expenses related to the injury, such as medical bills, prescription costs, transportation costs for medical visits, and any other out-of-pocket expenses;
• It would also help if you kept notes of how the accident occurred and how it has affected your life. This may include details of the pain and suffering you experienced, your recovery process and any events you had to miss because of your toe fracture.

Common accidents that may cause a toe fracture

A broken toe injury can be due to various incidents, such as:

• Slips, trips, and falls – Slipping on a wet surface, tripping over an obstacle, or falling can lead to a broken toe if you hit the ground or an object.
• Accidents at work – Workplace accidents involving heavy machinery, falling objects, or lack of protective equipment can cause toe fractures. If your accident was due to your employer’s negligence, you could claim broken toe at work compensation.
• Criminal assaults – Physical altercations that involve forceful kicks or blows to the feet can result in broken toes. Innocent victims of violent attacks could start a claim through the Criminal Injuries Compensation Authority (CICA).
• Road traffic accidents – Broken toes are common in RTAs, especially when vulnerable road users like cyclists or pedestrians are involved.
• Sports incidents – Many sports carry the risk of toe injuries due to collisions with other players, sudden stops, or impacts from equipment.
• Repetitive movements – Repetitive activities that strain the toes, such as constant kicking or repetitive impacts in certain sports, can contribute to stress fractures over time.
• Being run over by a moving object – Being run over by a car or heavy machinery at work can lead to a crushed or broken toe.
• School and playground accidents – Children are at risk of suffering a toe fracture on school grounds or in parks due to faulty equipment or inadequate supervision.

If a third party was at least partially at fault for your accident, a solicitor could help you make a broken toe injury compensation claim.

Can I claim broken toe at work compensation?

Employers have strict responsibilities towards employees under the Health and Safety at Work Act 1974. They must take all reasonable measures to prevent a broken toe injury at work, including:

• Conduct a thorough risk assessment of the workplace to identify potential hazards that could lead to injuries;
• Implement measures to control and minimise identified risks;
• Ensure that employees have adequate information, instruction, and training regarding workplace hazards and safety procedures;
• Ensure that all equipment and machinery are suitable and well-maintained;
• If there is a risk of broken toe injuries, provide appropriate personal protective equipment (PPE), such as safety footwear;
• Provide training on how to use the equipment and machinery safely, including any PPE.

If your employer breached their duty of care towards you, you could make an accident at work claim for broken toe compensation. It is also important to note that making a claim should not affect your job, as you are protected by unfair dismissal laws. If your employer sacks you or retaliates in any way, a solicitor can help you make a further claim at an employment tribunal.

Frequently asked questions

Below, we have answered some of the most common questions people have about making a broken toe injury claim. If you would like more information about your legal options or have any further questions, please don’t hesitate to call 0800 470 0474 or request a call back to speak to an experienced solicitor.

My child suffered a broken toe. Can I make a claim on their behalf?

If your child was injured due to someone else’s negligence, you could claim broken toe compensation for them. Your solicitor will help you fill out and file all the necessary documents so you can act on your child’s behalf. The court will appoint you as their litigation friend upon confirming that:

• You can conduct legal proceedings fairly and competently
• You have no conflict of interest with the child

As a litigation friend, you will make decisions about the case and consider any compensation offers from the defendant. You also have to sign legal documents, liaise with solicitors and pay any fees requested by the court. If your claim is successful, you may need to go to an Infant Approval Hearing in court. Here, a judge will decide whether the compensation awarded is fair and covers your child’s needs.

How long do I have to claim compensation for a broken toe?

According to the Limitation Act 1980, you have three years to claim compensation for a broken toe. The time starts to run from the date of your accident, and your case will no longer be valid after the three years have passed. There are a few exceptions to this rule:

• If you suffered a stress fracture, the three years will begin from the date your injury was diagnosed (date of knowledge).
• For child injury claims, the time limit only starts on the child’s 18th birthday, and they will have until turning 21 to make a claim.
• If the claimant lacks mental capacity due to a brain injury, post-traumatic stress disorder (PTSD), or another condition, there is no time limit. A litigation friend could claim toe injury compensation for them at any time, regardless of when the accident occurred.
• If you were injured due to a criminal assault, you have two years to start a broken toe compensation claim through the CICA.

How much compensation for a broken toe could I receive?

There is no fixed payout for a broken toe claim. The compensation amount you could receive will depend on your specific circumstances and the losses you incurred. Your solicitor will include two types of damages in your claim:

• General damages cover the personal and subjective losses caused by the injury. These include pain and suffering, reduced quality of life, mental anguish and loss of amenities like the ability to pursue a hobby. According to our online calculator, you could receive up to £5,590 for a simple fracture with no permanent effects and up to £31,310 if your big toe has to be amputated.
• Special damages cover financial losses related to the injury. They may include medical bills, prescriptions, loss of earnings and travel expenses for medical appointments.

Can I make a No Win No Fee personal injury claim?

Yes. If you are entitled to compensation for a broken toe, your solicitor will offer you a no win no fee* agreement. You will not have to pay them anything upfront or if your case fails. You only pay your lawyer a success fee from your compensation award upon the successful completion of your claim, which is capped at 25% of your settlement.

With no win, no fee, you also have after-the-event (ATE) insurance against litigation costs. If you lose, the ATE will cover all your expenses and the defendant’s, so you will not be out of pocket.

To find out if you have a valid claim or how much compensation for a broken toe you could receive, call 0800 470 0474 today for a free consultation. You can also request a call back by entering your details into our online claim form.