DELVENTHAL LAW
INJURY FROM AN ACCIDENT AT WORK?
The human foot is very complex, made up of 26 bones, as well as ligaments and other soft tissues. Any number of things can go wrong at work, which unfortunately makes it very difficult for people to remain mobile when they have suffered a serious foot injury.
If you have hurt your foot in a work accident, you could be entitled to workers compensation for certain losses. It is best to meet with a seasoned Fort Wayne foot injury lawyer to review the circumstances of your injury and build a successful claim for compensation.
FRACTURES
Feet are often injured in accidents that cause blunt force trauma, such as car or pedestrian accidents. Someone seated in a car that crashes could have their foot pinned underneath their body for hours, leading to injury. Someone who slips and falls can also injure their foot.
Some bones that might fracture include the following:
- Talus;
- Cuboid;
- Calcaneus;
- Cuneiforms;
- Metatarsals;
- Navicular; and
- Phalanges
Bones that are broken often need to be immobilized with a cast or brace, and patients should avoid putting weight on the foot. Some breaks are so serious they require surgery to fuse bones together and allow them to heal.
SOFT TISSUE INJURIES
The ligaments, tendons, and muscles in the foot can also be injured in an accident. Any violent twisting or bending of the foot can seriously damage soft tissue, as can traumatic blows that cause swelling and tearing.
Some of the more serious soft tissue injuries we have seen include:
- Achilles tendon injury[1]. This tendon runs along the back of the foot, connecting the calf muscle to the heel. It can rupture or tear.
- Plantar Fascia ligament injury. The plantar fascia is the fibrous material that runs along the bottom of the feet, connecting the toes and heel.
- Anterior Talofibular ligament injury. This ligament in the ankle prevents the foot from moving too far forward.
Soft tissue injuries might require some of the same treatments as fractures, including immobilization and physical therapy and/or massage. A person might also need pain medication and muscle relaxers to help them get through the day and to sleep at night. Very serious soft tissue injuries can require surgery.
CUTS OR LACERATIONS
The skin can be cut in an accident by any sharp object. For example, a piece of metal in a car accident could gouge into the foot. A person can also cut their foot if they are walking barefoot on someone’s property and a nail or other object cuts them.
Cuts and lacerations typically heal on their own, though they might require stitches. One problem with any cut or puncture wound, however, is infection. When a wound becomes infected, it can jeopardize the entire foot if not treated quickly. A person who suffers a cut on their foot should carefully monitor it and go to the doctor at the first sign of infection, such as redness or pus leakage.
OTHER PRACTICE AREAS
At the Delventhal Law office, our Fort Wayne personal injury attorneys are committed to fighting for the rights and interests of accident victims. If you or a family member was injured because of the carelessness or recklessness of another party, we can help. Our Indiana personal injury lawyers handle a wide array of legal cases, including:
SPEAK WITH A FORT WAYNE FOOT INJURY LAWYER TODAY
Foot injuries can cause serious pain and financial losses, so accident victims are well advised to meet with an attorney. Delventhal Law Office has helped many people in the Fort Wayne area get the compensation they need after an accident. To speak with a member of our team, please contact a free consultation.
The Indiana law that applies to your foot injury case
Indiana's two-year personal-injury statute of limitations at IC 34-11-2-4[2] controls almost every Fort Wayne foot-injury claim arising from a crash, fall, or third-party workplace incident. The 51% modified comparative-fault rule at IC 34-51-2-6[3] bars recovery if a jury assigns the injured person more than half the fault. Workers' compensation foot claims run on a parallel track under Indiana Workers' Compensation Board rules, and many crush, drop, and ladder-fall events also support a third-party negligence suit.
How insurance carriers fight Fort Wayne foot injury claims
Foot-injury claims in Allen and surrounding counties run into a predictable carrier playbook. First is the degenerative-changes argument — the adjuster mines prior podiatry records and points to plantar fasciitis, hallux valgus, or arch collapse on old films to argue the Lisfranc, calcaneus, or metatarsal injury is wear-and-tear, not trauma. Second is the footwear-causation argument — carriers blame worn boots or unsupportive shoes for the bony or ligamentous failure. Third is the weight-bearing-tolerance argument: because patients can usually limp on a fractured midfoot or torn Lisfranc ligament, defense counsel claims the injury is minor. Fourth is the imaging-gap argument — Lisfranc and navicular injuries are notoriously missed on initial x-ray, and any delay before MRI or CT is weaponized. We anticipate each defense with weight-bearing radiographs and the surgical literature published at the American Academy of Orthopaedic Surgeons[4] resource library.
Evidence we preserve in the first 48 hours
Foot-injury cases hinge on imaging that captures the precise fracture pattern, ligament involvement, and weight-bearing instability. From day one we lock down:
- Weight-bearing x-rays of both feet for comparison — non-weight-bearing films routinely miss Lisfranc diastasis and subtle midfoot instability that controls case value.
- CT scan with thin-slice axial reformats of any suspected calcaneus, talus, or navicular fracture to capture articular step-off, comminution, and joint surface involvement.
- MRI of the foot when ligamentous or tendon injury is suspected — particularly for Lisfranc ligament tears, peroneal tendon ruptures, and stress reactions.
- Pre-incident podiatry and orthopedic records for the prior five to ten years to neutralize the carrier's degenerative-condition ambush at deposition.
- Footwear evidence, surface conditions, OSHA 300 logs, and incident photographs documenting the crush, drop, or fall mechanism while it is still fresh.
Damages categories in an Indiana foot injury case
Recovery for a Fort Wayne foot injury divides into economic and non-economic categories. Economic damages include emergency care, ORIF hardware, casting and boot rentals, physical therapy, custom orthotics, and lost wages during non-weight-bearing recovery, which for a Lisfranc injury commonly stretches eight to twelve weeks. Future-care damages cover hardware removal, fusion revision, and the predictable post-traumatic arthritis documented in National Institutes of Health[5] outcome research. Non-economic damages cover pain, loss of enjoyment, gait alteration, and permanent impairment to the foot under Indiana whole-person ratings.
What our foot injury clients ask most
How much is a Fort Wayne foot-injury case worth?
Settlement value tracks injury severity, surgical intervention, weight-bearing restrictions, and permanent impairment rating. A non-displaced metatarsal fracture treated conservatively resolves in the low five figures, while a surgical Lisfranc reconstruction with hardware, fusion risk, and a documented impairment rating routinely supports a high five- to mid-six-figure recovery when the evidence is locked down early.
What if my foot looks normal on the initial x-ray?
Plain films routinely miss Lisfranc ligament tears, non-displaced navicular fractures, talar dome lesions, and stress fractures during the first few days after trauma. Weight-bearing x-rays, MRI, and CT capture what the initial ER film does not. A normal early x-ray is not evidence of a minor injury and does not defeat a foot-injury claim.
Will I need surgery for a foot injury?
Surgical decisions belong to the foot-and-ankle orthopedic surgeon, not the carrier. Displaced fractures, Lisfranc disruptions, calcaneus fractures with articular involvement, and unstable midfoot patterns generally require ORIF or primary fusion. Non-displaced fractures and partial ligament injuries often respond to casting, walking boots, and structured physical therapy under AAOS clinical guidance.
How long do I have to file a foot-injury lawsuit in Indiana?
Indiana's general two-year personal-injury statute under IC 34-11-2-4[2] runs from the date of injury. Workers' compensation foot claims carry a much shorter thirty-day employer notice clock. Indiana Tort Claims Act notice against a city, county, or state defendant must be served within 180 days for political subdivisions and 270 days for state entities.
Can I recover if my foot injury aggravated a pre-existing condition?
Indiana applies the eggshell plaintiff rule — a defendant takes the victim as found. Pre-existing plantar fasciitis, prior bunion surgery, or arthritic changes do not defeat a foot-injury claim. The law allows recovery for aggravation of an underlying condition, and your pre-incident records establish the baseline against which the new injury is measured by the jury.
What happens after you hire us
From the day we open the foot-injury file we preserve weight-bearing imaging, place hospital and podiatry records on litigation hold, and notify the carrier that all communications run through this office. We coordinate with the orthopedic foot-and-ankle surgeon, monitor casting and physical-therapy progression, and send a demand once you reach maximum medical improvement after hardware removal or fusion. If the carrier's offer falls short, suit is filed in Allen Superior Court. Contingency-fee — no fee unless we recover.
