Ankle and foot injuries can affect your work and daily life. Depending on the severity of your injury, it can cause limited mobility, missed work days, emotional stress, and lifestyle adjustments. Approximately 25,000 laborers get sprained ankles everyday. Based on the Bureau of Labor Statistics, there are 89,000 workplace injuries to the ankles and feet in the United States each year.       

At Injurnuity Law, we have a network of experienced attorneys who helped injured workers in the past. They can simply discuss your legal rights with you and negotiate on ankle injury lawsuit settlements or workers’ comp foot injury settlements. Their years of expertise will prove that they can defend you in court if necessary. 

In this insightful guide, we discuss how ankle injury lawsuit settlements work, the average ankle injury compensation amount, and the difference of lawsuit settlements to workers’ compensation settlements.                

                                                                                                                                                                                                                                       

What Counts as an Ankle Injury Lawsuit

When filing an ankle injury lawsuit, it’s important to know who caused it and how it could have been prevented. You can file an ankle injury lawsuit if:

1. The accident happened due to negligence – These include workplace hazards, faulty equipment, unsafe floors, uneven sidewalks, and car crashes.
2. It was someone else’s fault – This could be an employer, a driver, a product manufacturer, or a property owner.              
3. You experienced severe harm –  You may suffer from chronic pain, fractures, torn ligaments, sprains, mobility problems, or surgeries.                                                              
4. The accident caused financial loss – The claim gave relevance to paying medical bills, having to miss work, requiring therapy, and experiencing long-term disability.

Types of Ankle and Foot Injuries That Lead to Claims

Below are the common types of ankle and foot injuries that are eligible for claims:

• Sprains – These occur when muscles are overstretched. Severe sprains can make walking difficult for injured victims. You may feel like you’re stepping on lightning or your feet are electrified. 
• Achilles tendonitis – Happens when an Anchilles tendon is inflamed. Due to overuse, this can lead to stiffness, pain, and swelling in the lower and back leg and heel.
• Ankle sprains – These happen when your tissues are torn or overstretched because of a sudden twist or wrong step. You can experience difficulty moving your ankle, swelling, pain, and bruising.                 
• Fractures – Cracked or broken bones caused by large impacts like a high fall or vehicle accident. Closed fractures happen where your skin still remains intact, while open fractures are where there’s a visibility of your bone breaking through your skin.
• Puncture wounds – These are deep wounds that may not bleed too much but can form a small opening. They’re usually visible when your hands or feet are injured from a pointed object like a nail, needle, or tooth.
• Dislocations – The ends of your bones are forcibly out of their normal positions. This usually happens from a sports injury or a fall. You may experience swelling, bruising, and difficulty moving the joint. 
• Foot and ankle burns – These happen when there’s tissue damage from chemicals, electricity, excessive sun, or hot liquids. 
• Ligament tears – It can feel risky to take each step if you have torn ligaments since they can destabilize the ankle. Prolonged rehab and surgery are crucial for treatment.

Take note that severe injuries can increase ankle injury compensation amounts. Make sure to inform your lawyer about what really happened so they can collect evidence and defend you in court.      

Average Ankle Injury Compensation Amounts

There’s no specific ankle injury compensation amount in Pennsylvania. But generally, it would range from $18,000 to $75,000 for the usual ankle injury settlements. In the context of workers’ compensation, the National Safety Council gives an average ankle injury compensation amount of $30,486.

Factors That Influence Ankle Injury Lawsuit Settlements

The amount you may or not receive in an ankle injury lawsuit settlement depends on several factors:

• Medical costs – Your medical bills are usually the foundation of your settlement. You can receive compensation for physical therapy, medication, emergency care, surgery, X-rays, and MRIs. If your medical bills are high, you’ll receive a higher settlement.
• Severity of the injury – Some severe injuries require a higher settlement amount, especially if it needs long-term treatment and how it can impact you or an  injured person’s life.      
• Lost wages – Take note that this is different from workers’ comp food injury settlements. You’re still required to receive compensation when injured based on missed shifts, decreased earning ability, lost hours, and career changes. This is mostly applicable for people who have injuries that affect their mobility.
• Pain and suffering – Having severe ankle injuries can lead to experiencing emotional stress, physical pain, and loss of enjoyment doing daily activities.   
• Permanent impairment – Arthritis or chronic instability can impact one’s life in the long run. It can limit your mobility or lifestyle activities, so settlements in this case should be given higher. This ensures that ongoing medical care will be paid. 
• Media impact – If the public knows you’re injured, it will put pressure on your insurer to increase your settlement rate. Severe injuries that came from accidents are usually reported to daily news or published online.                                                                                                             

At Injurnuity Law, our network of lawyers handles foot injury claims and personal injury cases. They’ll be the one to present the factors that should be considered to your insurer. 

Workers’ Comp Foot Injury Settlements vs. Lawsuit Settlements

The only similarity of workers’ comp foot injury settlements and lawsuit settlements is they both get to send monetary and medical benefits to injured victims. However, their differences are evident:

Workers’ Compensation Foot Injury Settlements

In workers’ compensation, you’re automatically eligible for benefits if you got injured while on the job. It provides medical treatment, disability benefits, and partial wage replacement. Also, this is specifically for employed people in Pennsylvania.

Lawsuit Settlements

During lawsuit settlements, you can receive compensation for pain and suffering, medical treatment, long-term impact, and lost wages. You can only receive these benefits if there’s enough evidence that shows someone else was negligent on your injury. 

At Injurnuity Law, our network of trusted lawyers dealt with lawsuits and workers’ comp settlements in the past. They saved many injured workers from paying most of their medical bills and dealing with low-balling insurers.

Where Does Workers’ Comp Ankle Injury Settlement Benefits Apply?   

You’re already qualified for workers’ comp benefits if you experienced the following while working:

• Repetitive strain
• Slips, falls, and trips at work
• Foot or ankle injuries due to risky work conditions
• Equipment accidents
• Inhaled or got into contact with a toxic chemical in your work facility

Can Victims Sue a Third Party While Receiving Workers’ Compensation?

Yes, victims can sue a third party while receiving workers’ compensation. Remember that this doesn’t apply if your employer was the third party. It’s possible to file a lawsuit for a foot injury claim if your worker hurts you.

Here’s how a third-party lawsuit may be applicable for your case:

• A manufacturer built faulty equipment, tools, or shoes.   
• Another driver had a collision with your vehicle while you were driving or crashed into your work zone  
• A vendor, contractor, or subcontractor caused the injury or acted negligently
• A property owner made unsafe workplace conditions                                   

How to File a Foot or Ankle Injury Claim in Pennsylvania

Here are the steps in filing a foot or ankle injury claim in PA:

1. Report the injury as soon as possible 

If you got injured while at work and someone caused you harm, notify your employer immediately. Under Pennsylvania law, you have up to 120 days to report work-related injuries. Keep in mind that filing the report for workers’ compensation is separate from filing a lawsuit. For the lawsuit, get evidence by taking photos and witness statements.

2. Get medical help

Receive medical treatment by choosing from your employer’s approved list of doctors. Once consultation or check-up starts, keep all medical bills and documents as they serve as your evidence. 

3. Understand how workers’ comp works

Keep in mind that you can’t generally sue your employer for damages under Pennsylvania law. Workers’ compensation covers your medical bills, rehabilitation, and lost wages. But in personal injury-related cases, you can file a separate ankle injury lawsuit if a third party caused you harm. In this way, you can still receive workers’ comp benefits.

4. File your claim

When filing your ankle or foot injury claim:                                                                                                    

• Fill out the Pennsylvania Workers’ Compensation First Report of Injury. 
• Submit it to your employer and the Pennsylvania Bureau of Workers’ Compensation
• Make follow ups until your claim is legally granted

But if you’re specifically filing for a personal injury lawsuit, reach out to a personal injury attorney who has experience dealing with cases about foot and ankle injuries. They will investigate your case, collect evidence, calculate all damages, and file the claim to the court.

5. Do your duties 

Do your part by attending all medical appointments so the doctor can check your injuries from time to time. Respond to insurance requests then keep notes of your daily challenges and limitations after the accident as they can affect your foot or ankle injury compensation amount.

6. Negotiation or court 

Workers’ comp foot injury settlements are done through negotiation. But since you’re also filing for an ankle injury lawsuit, your case will be settled in court. Before that, it’s crucial to enter an ankle injury lawsuit settlement. If a settlement’s been reached, your case won’t reach the courtroom.

Common Challenges in Ankle Injury Settlement Claims

1. Delayed reporting – You may not get your benefits as soon as possible if you delay reporting the incident. Insurers may argue that the accident didn’t happen if they’re waiting too long for the report. For instance, they may prove that the construction accident had lack of substantive evidence related to your injuries. 
2. Knowing who’s at fault – It can be challenging to prove that the other person was responsible for your ankle injury. This is why having an experienced attorney is crucial so they can connect the dots. 
3. Low settlement offers – This is a typical challenge wherein your insurer will propose a low ankle injury compensation amount. Make sure not to agree on this, especially if you’re not with your lawyer. It’s important to reach a fair settlement depending on the severity of your injuries.      
4. If your workers’ comp claim is denied – There are instances when your workers’ comp claim may get denied due to lack of medical evidence or missed reporting deadline. With legal guidance, you can send an appeal with supporting documents before reaching a workers’ comp foot injury settlement.

Let Injurnuity Law Handle Your Ankle Injury Lawsuit Settlement

Understanding ankle injury lawsuit settlements is crucial to know that there’s still a chance for your case to be solved without getting in court. Your personal injury or workers’ compensation lawyer can guide you in knowing the right time to settle. Some insurers will try to lowball your claim or give inadequate benefits. Your lawyer knows the severity of your accident, and will do their best to negotiate for a reasonable ankle injury compensation amount. 

At Injurnuity Law, we take pride in our network of Pennsylvania attorneys who have handled workers’ comp ankle injury settlements. They will do deep research on your case before presenting evidence and options. They have strong litigation skills that will win your case over insurers. Contact us for a free consultation as we give the right lawyer for you. 

Frequently Asked Questions About Ankle Injury Lawsuit Settlements