What Compensation Could I Receive When Struck By a Moving Object at Work? – Compensation Amounts Calculation

According to statistics published by the Health and Safety Executive, being struck by a moving object at work accounts for more than 10% of injuries in the food and drink sector that are reported to HSE every year. Being struck by a moving object at work can leave you injured and unable to carry out your job and as such you could be entitled to seek compensation from your employer for the injuries you sustained, to find out more please read on.

Employee Injury At Work Advice

The Statistics Involving Workers Being Struck by a Moving Object

The statistics that cover being struck by a moving object in the workplace account for around 700 employees being injured in this manner with around 100 of the incidents causing major damage and injuries to the workers involved. The types of incidents that leave a employee injured whether their injuries slight or more severe are as follows:

  • One third of injuries sustained by workers are caused by items falling on them – an example being objects falling from storage racks
  • One quarter of injuries sustained by employees are as a result of using hand tools with knives being high on the list
  • A third of injuries sustained by workers are caused by collisions with moving vehicles – an example being moving pallet trucks, forklift trucks and other vehicles commonly used in a working environment

If you were involved in a workplace accident that involved being struck by a moving object, you could be entitled to file a personal injury claim against your employer, providing your case meets the specific criteria required.

Your Employer’s Responsibility in the Workplace

Your employer has a legal duty to ensure you are kept safe from injury and harm while in their employment. Failure to do so could result in them being deemed liable for any injuries you sustain if you are struck by a moving object at work. An essential factor when it comes to an employer’s responsibility in the workplace, is to carry out frequent and detailed risk assessments of the environment you work in and to place a lot of focus on any hazards that may involved being struck by a moving object.

With this said, it is worth noting that you could be struck by something at any time whether it’s a moving forklift, falling object or suffering a knife wound should you work in an environment that involves using hand knives. In short, it would be your employer’s responsibility to set in place all “reasonable” measures to ensure you are less likely to be struck by a moving object at work.

Your employer must abide by the Health and Safety Executive regulations at all times and all employees are bound to respect these “rules” as well. The methods to reduce the risk of being struck by a moving object at work, includes the following:

  • To ensure that all items/object that are stored at height whether on shelving or other means, are stacked correctly and that the shelving is stable, namely that it would not be easily disturbed which could result in objects falling from a height that could end up injuring an employee who is working below
  • Heavier items/objects must be stacked at lower levels and the lighter ones higher up
  • Special consideration must be placed on how items/objects are stacked, handled and moved to reduce the risk of injury to employees
  • Gas cylinders and other taller self-standing articles must be stored securely to ensure they are stable
  • Hand tools such as knives must be correctly and safely stored. Knives must be sheathed when they are not being used
  • Employees who regularly use hand knives in the course of their daily work, must be provided with the correct personal protective clothing/equipment depending on the jobs they are tasked to regularly do
  • Hand tools must be correctly maintained and kept in top condition to prevent employees having to use undue force when using them
  • Pallet trucks, racks, trolleys and other moving vehicles should only be used on “designated routes” and away from other employees whenever possible. Anyone pushing or pulling a trolley must have good visibility
  • Risk assessments must be carried out in areas where hazards and dangers are known to be more an issue – examples being where hoist hooks are used, or items are ejected from equipment/machines, or where kegs and barrels are rolled

Should an employer fail in any of the above, they could be deemed liable for the injuries you sustained by being struck by a moving object at work. In short, you could have the right to seek compensation by filing a personal injury claim against your employer.

What Can I Include in My Struck By a Moving Object at Work Claim?

Accident at work claims are divided into two parts when it comes to calculating how much you may receive when your case is upheld whether by a judge or in an “out of court” settlement. The two parts are known as “general damages” and “special damages”.

Employee Injury At Work Advice

The way general damages are calculated are a little more complicated than the way special damages are worked out. The reason being that general damages are awarded for the injuries you sustained and how your life and well-being have been impacted by the injuries you sustained when struck by a moving object at work. In short, if you have suffered catastrophic, life-changing injuries, the compensation you may be awarded would be far greater than if you suffered less severe injuries.

Special damages are much easier to calculate as they are based on the “actual” expenses, costs and other out-of-pocket expenses you had to deal with as a result of having been injured in an accident at work. As such, when calculating the compensation for being struck by a moving object at work, a court or your employer’s insurance provider would need proof of all your expenses in order to work out how much you may receive in special damages which is why it is essential that you can provide evidence in the way of receipts of all your out of pocket expenses.

Who Pays the Compensation on a Successful Struck by Moving Object Claim?

If you were in an accident that left you injured because you were struck by a moving object at work, you could be entitled to seek compensation but only if your claim meets specific criteria which is that the incident occurred through employer negligence and it happened in the last 3 years.

If you want to make a personal injury claim against an employer, the best thing to do is to contact a lawyer who specialises in this type of work-related injury claim. The solicitor would investigate your claim to establish whether it is valid and to assess whether you stand a good chance of winning a level of compensation you deserve.

With this said, the solicitor would agree to sign a No Win No Fee agreement with you and once this is done, they would communicate either with your employer directly to begin with, or with your employer’s insurance provider. All employers in the United Kingdom are obliged by law to hold liability insurance for such an eventuality. As such, it would be your employers insurer who would handle your claim and who would agree a settlement whether your case goes to court or is settled beforehand, which is referred to as being “settled out of court”.

What are My Workers Rights If I Am Struck By a Moving Object at Work?

As previously mentioned, your worker’s rights are protected and this includes following an incident that leaves you injured when you are struck by a moving object at work. Your rights are detailed as follows:

  • You have the right to seek compensation for the workplace injuries you sustained
  • That your job and position within a company/business is safe should you make a personal injury claim against your employer

There are many laws and government legislation that are set in place to protect employees, all of which both an employer and worker must respect and adhere to. If you are struck by a moving object at work due to employer negligence, you have the right to seek compensation without fear of being treated unfairly or discriminated against.

Should an employer treat you detrimentally or threaten you in any way because you seek compensation for injuries you suffered as a result of having been struck by a moving object, you should get in touch with a solicitor who would advise you on whether you could take further legal action out against your employer, this includes filing a detrimental claim.

Can My Employer Fire Me For Filing a Struck by a Moving Object Claim Against Them?

An employer cannot sack you because you seek compensation from them for injuries you suffered in the workplace. If you were struck by a moving object at work and your injuries were such that you were unable to work whether for a short time or longer, you have the right to file a personal injury claim and to be awarded the compensation you sought.

Should your employer threaten to fire you or to make you redundant, they would be breaking the law and as such, you should seek legal advice from an employment lawyer before doing anything which includes resigning from your job because you are put under duress.

Is There a Time Limit to Making a Struck by Moving Object Claim?

If you are considering making a struck by moving object claim against your employer and you are certain that your case meets all the required criteria, it is best to begin filing a claim as soon as possible. The reason being that there is a statutory 3 year time limit associated with all personal injury claims.

Although 3 years from the date you were injured at work, may seem like long enough to wait a while, gathering all the necessary evidence can be a long drawn out process. With this said, should the incident that left you injured have happened prior to your 18th birthday, the 3 year time limit would only commence when you turn 18 years of age.

What Are the Benefits to Working With a Solicitor on a Struck by Moving Object Claim?

Working with a solicitor on a struck by moving object claim offers many benefits and advantages, some of which are listed below:

  • A lawyer would be able to tell you whether you have a valid claim against your employer and would do so in a no obligation, initial consultation which is normally free of charge
  • Once a solicitor confirms your case against an employer is strong, they would typically agree to sign a No Win No Fee agreement with you. This means not having to pay a retainer or any ongoing fees
  • The amount you would pay a No Win No Fee lawyer is set out in the Conditional Fee Agreement (CFA) you signed which is referred to as a “success fee” because you only have to pay it when you win your claim and the amount is deducted from the money you receive in a final settlement
  • Lawyers have access to legal libraries which they can reference when defending your claim in court
  • A solicitor would ensure you are examined by specialists and consultants who would provide essential medical reports detailing the extent of your injuries and how your life has been impacted which includes whether you would be able to work again
  • A solicitor would also ensure you receive a fair and acceptable level of compensation should your employer’s insurance provider offer to settle you struck by a moving object claim, “out of court”
  • Should your claim be complex and therefore a final settlement would take time to agree, a solicitor would ensure that you receive interim payments until the final settlement is received

Having the expertise of a No Win No Fee solicitor working on your struck by moving object at work claim, can help speed up what can be a complex legal process. With this said, the sooner a claim is filed, the better because it can take time to gather all the evidence required to prove your case.

Would a Solicitor Work on a No Win No Fee Basis on My Struck By a Moving Object at Work Claim?

As previously mentioned, solicitor who specialises in accident at work claims would initially need to establish you have a valid before agreeing to represent you on a No Win No Fee basis. Once they are satisfied that you have a strong claim against a negligent employer, they would offer to sign a Conditional Fee Agreement which in short, means you would not have to worry about finding the funds to pay for the legal representation you receive from the outset of your case right through to when your claim is settled.

With this said, you would need to provide as much evidence as possible which includes all reports of the workplace incident that left you injured and all medical reports you may have initially received. The more details surrounding the circumstances that led up to the accident together with where and when the incident occurred, the stronger your case against an employer would be. You would also need to gather witness statements and their contact details together with information about your employer’s insurance provider.

A lawyer would then deal with all aspects of your struck by moving object at work claim by contacting both your employer and their liability insurance provider. There are time limits associated with all correspondence between you, the claimant and the defendant which in this instance is your employer. If the insurance provider fails to respond to your lawyer in a timely manner, it may be necessary to file court proceedings. However, the majority of accident at work claims are dealt with by an insurance provider before this becomes necessary. As such, your lawyer would negotiate with the insurer providing your struck by moving object at work claim is not disputed by your employer.

Informative Links

If you would like to know more about the Health and Safety Executive regulations regarding struck by moving objects at work, the following link provides essential reading:

Struck by something at work

To find out more about your employer’s responsibilities in the workplace, the following link provides information on the laws and legislation that must be adhered to:

An employer’s legal duty in the workplace

The following link provides useful information on the law relating to personal protective equipment in the workplace:

Personal protective equipment PPE in the workplace

 

Employee Injury At Work Advice

Is My Accident at Work Compensation Taxable? – Get Free Advice

If you are awarded personal injury compensation whether by a court ruling or by your employer’s insurance provider if they choose to settle out of court, the money you receive is not taxable. Government legislation rules that where personal injury compensation is concerned you do not have to pay tax on the amount awarded whether you receive a lump sum or interim payments should your case be such that it takes longer to receive a final settlement.

Employee Injury At Work Advice

If you are seeking workplace injury compensation, a firm of solicitors who specialise in accident at work cases would offer an initial, no obligation consultation for which there would be no charge. The solicitor would also provide essential information on whether you may need to pay tax on any interest that accrues on the compensation you are awarded, to find out more, please read on.

Do I Have to Pay Tax on the Interest I Get on Personal Injury Payments?

When it comes to any tax that may be payable on the interest you receive on a personal injury payment, this is calculated and deducted at source. In short, any tax due would be deducted prior to a payment being made. An example being as follows:

  • Should you have suffered an injury on January 1st, 2013 and you received a final settlement of £20,650 on July 14th, 2014 which included £650 interest on the £20,000 damages you received, there would be no tax to pay on the full £20,650. The reason being that the interest would already have been deducted at source and the £650 would have been the sum accrued between the date you were injured to the time you were awarded your final personal injury compensation settlement

However, there may be a further delay in receiving your compensation even if your personal injury claim is settled and an amount is agreed. Should this be the case, interest that may be added by the “payer” is subject to tax. The reason being that the interest is often paid without any tax having been deducted and as such, you would have to declare the “extra” interest when filing your annual tax return. An example being as follows:

  • Should you have been awarded £20,650 on July 14th, 2014 but you did not receive your personal injury compensation until January 14th, 2015 an extra £206.50 would be added to your final settlement which is the amount accrued during the extra 6 months you had to wait. As such, it would be necessary to declare the sum of £206,50 on your tax return

Working with a solicitor when seeking accident at work compensation offers many benefits with one of them being that a lawyer who boasts vast experience in this type of case, would be able to advise you when it comes to any tax liabilities you may encounter on the “extra” interest that may accrue on the money you are awarded in a successful claim.

Investing Your Personal Injury Compensation and the Tax Liabilities

Should you decide to invest the amount of personal injury compensation you are awarded in a successful claim, the interest you receive on your investment would be taxable. If you are on the basic rate of tax, the amount of tax due is typically taxed at the source, but if you fill out a self-assessment return, you would need to declare the amount to HMRC yourself.

Employee Injury At Work Advice

What Can Be Included in a Personal Injury Claim?

There are specific things which can be included in a personal injury claim which come under the titles of “general damages” and “special damages”. General damages are awarded based on the severity of your injuries and how your future life and well-being is impacted. Another factor that would be taken into consideration, is whether you would be able to work again or whether you need o have a lot of time off in order to recover.

Special damages, on the other hand are simpler to calculate as they are based on “actual” costs and expenses you had to pay out as a result of having been injured. When seeking personal injury compensation, it is essential that you are able to provide proof of the expenses you incurred in the form of receipts which would be required when calculating the “special damages” you receive in a successful claim. Without the necessary receipts, it would be hard to prove the expenses and other costs you incurred.

Is It Worth Suing an Employer For an Accident at Work Injury?

All employees are entitled to seek compensation for injuries sustained in the workplace, providing they can prove the incident occurred through no fault of their own. With this said, an employer could be held partly responsible for your injuries which is why it is always worth seeking legal advice from an experienced accident at work lawyer. There are various situations that a lawyer who specialises in personal injury claims would be able to investigate which includes “vicarious liability” and “contributory negligence”.

It is always worth remembering that employers throughout the UK are legally obliged to hold liability insurance and the policy must be current. The cover must also be provided by a “recognised” insurance provider. Failure to have the correct level of insurance in place would result in your employer receiving heavy fines from the enforcing authority.

With this said, the amount of tax free personal injury compensation you would be awarded is paid through your employer’s insurers whether they choose to settle out of court because your claim in undisputed, or they dispute your case and it goes to court.

Do I Have Workers Rights After an Accident at Work?

Your worker’s rights are protected even if you have an accident at work and would like to make a personal injury claim against your employer. These rights are as follows:

  • To seek compensation for workplace injuries sustained or because you developed a work-related health issue
  • Even if you seek compensation by filing a personal injury claim, your position and job within a business/company is secure

Should your employer try to prevent you from seeking compensation and threatens you with redundancy when they discover you are planning to file a case against them, you should seek legal advice from a lawyer and you should never resign because you feel under duress to do so without first speaking to a solicitor. Your employer’s behaviour towards you could entitle you to file further legal action out against them.

Does My Employer Have Legal Responsibilities in the Workplace?

Many laws exist in the UK that are set in place to ensure that employees and workers are kept as safe as possible while they are in employment. The Health and Safety Executive regulations must be adhered to not only by your employer, but all members of staff too. Should you suffer a workplace injury because your employer failed to keep you safe from harm and injury, you have the right to make a personal injury claim against them, providing your case meets specific criteria.

Employers have a duty to do the following:

  • To make sure you and your work colleagues are given adequate and ongoing training to carry out jobs you are tasked to do in the workplace
  • To regularly carry out risk assessments and to set in place all reasonable measures to reduce the risk of harm and injury to workers/employees
  • To make sure that tools, equipment and other machinery is correctly maintained as per a manufacturers’ recommendations
  • To make sure that all members of staff are made aware of working procedures and practices
  • To make sure that all members of staff have access to personal protective equipment to carry out a job when needed

If an employer fails to provide any of the above or set in place necessary measures to keep employees safe from harm while they are working for them, they could be deemed liable for any injuries that you sustain in a workplace accident.

Are There Any Benefits to Working With a Solicitor on a Personal Injury Claim?

If you are considering filing a claim against an employer, you should seek legal advice from a solicitor who specialises in this type of work-related accident. A solicitor would ensure not only that you receive the right level of personal injury compensation, but that all aspects of the case which includes making you aware of any tax that may be due on the “extra” interest that has accrued from the time your case was won and an agreed sum was reached, to the time you actually received the compensation you sought.

Other benefits of having a solicitor represent you when making a personal injury claim against a negligent employer would include the following:

  • Once your claim has been thoroughly investigated by a solicitor and they are satisfied you have a strong case against your employer, they would agree to represent you on a No Win No Fee basis
  • A solicitor can use precedents to help prove your case by way of legal libraries to which they have access to
  • A solicitor is experienced when it comes to negotiating a fair level of compensation for you with your employer’s liability insurance providers
  • Should your case be complicated and your injuries be such that it could take you a long time to receive a final settlement, a solicitor would ensure you are paid interim payments in the meantime
  • Specialist treatment and therapies can be organised for you which could help speed up your recovery and this includes physiotherapy
  • A solicitor who specialises in accident at work claims would walk you through the process and would advise you on any tax liability you may have should your final settlement take longer than normal to be paid out and therefore the amount awarded accrued further interest

If you are claiming accident at work compensation from your employer because you believe the incident that left you injured could have been avoided, you should contact a lawyer who specialises in this type of work-related injury claim.

Is There a Time Limit to Claiming Accident at Work Compensation?

Following an accident at work in which you were injured, whether your injuries were minor or more severe, the statutory time limit associated with personal injury claims is detailed below:

  • 3 years from the date of the workplace incident in which you were injured
  • 3 years from the date you were officially diagnosed as suffering from a work-related medical condition
  • 3 years from the date you turned 18 years of age, should the workplace accident have occurred prior to you being 18 years old

If you want to claim compensation for an accident at work injury, you should contact a lawyer sooner rather than later because it takes time to gather all the proof and evidence needed for your claim to be upheld. Waiting too long could result in you running out of time to claim accident at work compensation even if you have all the evidence required to prove your employer was negligent in their duty to keep you safe from injury in the workplace.

Can My Employer Fire Me For Claiming Accident at Work Compensation?

Your employer’s rights prevents an employer from sacking you because you are claiming accident at work compensation from them. An employer who threatens to fire you or to make you redundant for no other reason than because you are making a personal injury claim against them, would be acting illegally and as such, you would have the right to seek legal advice and to take out further legal action.

Would a Solicitor Work on a No Win No Fee Basis if I Seek Accident at Work Compensation?

As previously mentioned, once a solicitor who specialises in personal injury claims is satisfied that your claim is valid and that your case against a negligent employer is strong, they would offer to work with you without requesting an upfront payment in order to do so. You would be asked to sign a No Win No Fee agreement which is referred to as a Conditional Fee Agreement. This is a legally binding contract that is drawn up between you and the firm of solicitors. It lays out all the details relating to the Terms and Conditions of the contract and it also specifies the amount you would have to pay the solicitor which is known as a “success fee”.

The “success fee” is the percentage you agreed to pay for legal representation provided by a firm of lawyers but this only becomes payable when you are awarded the compensation you seek. The percentage is then deducted from the money you receive. Should you lose your claim, the “success fee” is waived because you entered into a No Win No Fee agreement with the firm of lawyers. In short, you only pay the solicitor once your case has been settled whether by a judge or through negotiations with your employer’s liability insurance providers.

The amount you are awarded is handled by the firm of solicitors who represented you and they would advise you on whether there is any tax to be paid on the interest that has accrued should the time it takes for you to receive a final settlement and the date your claim was settled, have taken longer. With this said, there would be no interest to be paid on the “actual” settlement you are awarded or the initial interest that may have accrued. The only time that interest would need to be included on a tax return, is when there is “extra” interest paid on the initial amount you receive in your accident at work compensation.

Informative Links

If you would like more in-depth information on tax liabilities on the personal injury compensation you may be awarded following an accident at work, the following link provides useful reading:

Further information regarding tax liabilities on personal injury compensation

To find out more about tax liabilities on personal injury compensation that you invest, the following link provides essential reading:

More information about investing your personal injury compensation and tax liabilities

Employee Injury At Work Advice

What Compensation Would I Get For a Crushed Foot Suffered at Work?

Your foot is made up of many small and larger bones, tendons, ligaments and joints making it a very complex structure that helps you keep your balance, it offers support and is essential when it comes to mobility. When you suffer any sort of foot injury, it can leave you unable to move and walk around due to the pain you experience.

Employee Injury At Work Advice

If you were involved in a workplace accident that resulted in you suffering a crushed foot, it may prevent you from doing anything, including working. It could mean you are off work for weeks and even months. To find out more about the level of compensation you may be awarded for a crushed foot injury at work, please read on.

Would My Employer Be Liable for My Crushed Foot Injury?

For your crushed foot claim to be valid, you would need to provide enough evidence that the workplace accident could have been avoided if your employer had not failed in their duty to keep you safe from harm while in their employment. The incident may have been caused by a workmate, in which case, your employer could still be deemed liable because they are responsible for the actions of all employees in the workplace.

Even if you believe you may be partly responsible for causing the workplace accident that resulted in you suffering a crushed foot, you should still seek legal advice because a solicitor may deem that your employer could be held partly liable. In this instance, the liability would be split between you and your employer with the amount of crushed foot compensation you receive reflecting your level of responsibility for the injury you sustained.

What Evidence is Needed to Prove a Crushed Foot at Work Claim?

The more proof you can provide that your injury was sustained in the workplace through no fault of your own or because you were partly responsible, the stronger your case would be against your employer and the more chance you would have of working with a solicitor on a No Win No Fee basis. The evidence required to support your crushed foot claim would include the following:

  • Photographs of where the workplace accident happened
  • CCTV footage of the incident if available
  • Photographs of the injury you sustained, preferably before you receive any treatment if possible
  • Contact details of all the people who witnessed or were involved in the workplace accident that left you with a crushed foot
  • A medical report of your injury which should be as detailed as possible this includes X-rays and other diagnostic tests that are carried out when you are taken to the Accident and Emergency department of a hospital
  • The official record of the workplace accident, whether this is a copy of the report sent to RIDDOR, the record of the incident as detailed in the Accident Report Book or the letter or personal email that was sent to your employer

How to Start Your Crushed Foot Claim Against an Employer?

If you are thinking about filing a crushed foot claim against your employer but are unsure on how to proceed, a solicitor who specialises in this type of workplace injury case would be able to provide essential legal advice on how start your claim. Claims for workplace injury compensation can be complex legal processes that are pitted with legal loop-holes. There is a tremendous amount of “red-tape” involved in accident at work claims and as such, it is best to seek the aid of an experience solicitor who has vast experience in negotiating this type of complicated legal process to avoid losing out on the compensation you may rightly deserve.

A solicitor would assess the validity of your crushed foot claim against an employer and once they establish your case to be strong, they would typically ask you to enter into a No Win No Fee agreement with their firm of lawyers. This is also referred to as a Conditional Fee Agreement which is a legally binding contract that is signed by both you and the firm of solicitors who are going to represent you in your crushed foot claim.

How Much Compensation Could I Receive for a Crushed Foot at Work Injury?

The compensation you may be awarded in a crushed foot claim against an employer depends on the severity of your injury as well as how your life has been impacted. Your ability to work ever again would also be factored into the amount of crushed foot compensation you would receive. With this said, you would be awarded both general damages and special damages should your claim be upheld.

  • General damages are awarded for the pain and suffering you had to endure which includes loss of amenity
  • Special damages are awarded for all your out of pocket expenses which you incurred having suffered a crushed foot in the workplace

As a guideline, the Judicial College has published the level of compensation you may receive having suffered a crushed foot in the workplace. These amounts are listed below:

  • Fracture to the metatarsal, ruptured ligaments, puncture wounds, you could receive up to £12,050
  • Misplaced metatarsal fractures which results in a deformity, you could be awarded between £12,050 and £21,910
  • Fractures to both feet with the risk of ongoing treatment and surgery, you could receive between £21,050 and £34,370
  • Fractures to both heels, fractures to both feet, severe injury to one foot which results in a substantial disability, you could be awarded between £36,800 and £51,410
  • Permanent damage together with severe pain, amputation of the forefoot resulting in permanent disability, you may be awarded between £71,620 and £96,150
  • Amputation of one foot, you may be awarded between £73,620 and £96,150
  • Amputation of both feet, you may receive between £148,540 and £176,660

The above crushed foot compensation amounts are provided as a guideline to the amount you may receive for an injury you sustained in the workplace, bearing in mind that all personal injury claims are treated as being unique. In short, the amount of crushed foot compensation you could be awarded if your claim is successful, may be more or less that the amounts indicated.

What Can Be Included in a Crushed Foot at Work Claim?

You would be awarded “general damages” and “special damages” in a successful crushed foot at work claim against your employer, bearing in mind that it would be your employer’s liability insurance provider who would handle your case and negotiate a settlement.

  • General damages are awarded for the pain, suffering and loss of amenity you endured as a result of your workplace injuries
  • Special damages are awarded to compensation you for all your out of pocket outgoings which you incurred as a result of having been injured in a workplace accident. This includes your travel and medical expenses as well as any other payments to had to deal with. You would need to provide receipts for all the expenses you incurred which would be factored into the amount of special damages you are awarded

Should your crushed foot injury be such that it prevents you from working again, this would be factored into the amount of compensation you are awarded in special damages. A solicitor working on your behalf would ensure that you receive a level of crushed foot compensation you would be entitled to having been involved in a serious accident in the workplace.

Should I Sue My Employer For a Crushed Foot Injury?

A lot of employees worry that having been injured in a workplace accident, they should not seek compensation from an employer for fear of losing their position in a business. Another worry is that by filing a crushed foot claim, it would put an employer under undue financial pressure. However, all employers must abide by the law which states they must hold valid liability insurance which covers them for such eventualities as employees and other people being injured in the workplace.

As such, it is not your employer who would have to pay the compensation you may be awarded, but their liability insurance provider who would handle your claim and deal with the compensation you seek for the crushed foot injury you sustained in the workplace.

Providing your employer does not dispute your claim, there is a high possibility that their insurance provider would negotiate an “out of court” settlement with the solicitor you choose to represent you in a crushed foot claim. Should your employer dispute your claim, a solicitor would investigate the “reasons” why they do not accept liability and to establish that they could be held responsible for the crushed foot injury you sustained while you were in their employment.

Employee Injury At Work Advice

What are My Workers Rights Following a Crushed Foot Injury?

You have specific rights as an employee which means that should you be involved in any sort of accident at work that leaves you with an injury such as a crushed foot, you would be entitled to the following:

  • Seek compensation from your employer for the injury you sustained through no fault of your own providing the incident occurred in the last 3 years through no fault of your own
  • That your job is “safe” if you file a crushed foot at work claim against an employer

If your employer makes your working life difficult because you seek compensation from them or they threaten you in any way which includes saying that you may be made redundant if you file a personal injury claim against them, your employer would be acting illegally. As such, you should seek legal advice from a specialist employment lawyer who would provide essential information on whether this would entitle you to take further legal action out against your employer.

What Are My Employer’s Responsibilities in the Workplace?

Employers are legally bound to keep you safe from injury and harm while you are in their employer which they must do by putting in place all “reasonable” measures to reduce the risk of workplace accidents happening. Your employer must abide by all the legislation and laws that are set in place to keep employees and workers safe and if they fail to do so which results in you being injured in a workplace accident, they would be deemed liable for the injuries you sustain.

Your employer’s responsibilities in the workplace include the following:

  • You are given adequate and appropriate training to carry out the jobs you are tasked to do and that the training should be ongoing
  • That the tools, equipment and machinery you use in the course of your daily job, are kept in good condition and correctly serviced/maintained
  • That risk assessments to identify hazards in the workplace are regularly carried out and to set in place reasonable measures to reduce the risk of you being injured or suffering any sort of harm
  • That you have access to working practices and procedures which must be followed
  • That the correct personal protective equipment is made available to you when needed and to ensure the equipment is correctly stored and maintained in good condition

What Are The Benefits of Working With a Solicitor on a Crushed Foot at Work Claim?

Accident at work claims can be complicated legal processes which use a lot of legal jargon and procedures that must be adhered to at all times. If you are unfamiliar with the legal process, it is all too easy to fall into the many legal pitfalls that exist. This could mean that your crushed foot claim against a negligent employer is rejected from the outset by an insurance provider. Working with a specialist accident at work lawyer reduces the risk of this occurring because a solicitor with vast experience of the legal process involved would investigate your claim, assess whether your case would be successful and when they are satisfied this to be the case, the firm of solicitors you contact would typically offer to represent you on a No Win No Fee basis.

The benefits and advantages of having a solicitor represent you on a crushed foot claim against a negligent employer, includes the following:

  • The solicitor would contact your employer and their liability insurance providers by letter informing them of your intentions to seek compensation for the crushed foot injury you sustained in the workplace
  • The solicitor would advise you on what evidence is required to validate and prove your crushed foot claim
  • The solicitor would arrange for you to be examined by an independent medical professional who would provide a detailed report of the workplace injuries you sustained and how your life is impacted by your injuries. This report is key to the amount of compensation you may be awarded in a successful crushed foot claim
  • An accident at work lawyer can reference legal libraries and base your claim on “precedents”
  • Should your employer’s liability insurance provider fail to respond to an initial letter in a timely manner, the solicitor would begin court proceedings against them
  • If your employer admits liability for the injury you sustained, the solicitor would negotiate a fair and acceptable level of crushed foot compensation for you
  • A solicitor would arrange for you to receive ongoing treatment, therapies and rehabilitation

Is There a Time Limit to Filing a Crushed Foot Claim Against an Employer?

There is a strict statutory time limit to filing a crushed foot claim against your employer which is detailed below:

  • 3 years from the date you were involved in a workplace accident that resulted in you sustaining a crushed foot injury
  • 3 years from your 18th birthday, should the accident at work that left you injured have occurred prior to you being 18 years of age

Can My Employer Fire Me For Filing a Crushed Foot Claim Against Them?

You cannot lose your job because you seek compensation for a crushed foot injury that you sustained in the workplace. Your right to file an accident at work claim against an employer prevents you from being sacked for doing so. Should your employer fire you without any other good and valid reason, they could be breaking the law which could entitle you to take further legal action out against them which includes filing an “unfair dismissal” claim against your employer.

Would a Solicitor Be Willing To Work on a No Win No Fee Basis on My Crushed Foot Claim?

Once a solicitor is satisfied that you have a strong crushed foot claim and that your employer is liable for the injuries you sustained in the workplace, the firm of lawyers you contact would agree to represent you and would do so by signing a No Win No Fee agreement. In short, once you enter into the Conditional Fee Agreement (CFA), the solicitor would begin working on your case without the need of requesting that you pay them an upfront fee. There would be no ongoing fees to find as your claim progresses either which is one of the great financial advantages of working with a solicitor who specialises in accident at work claims of this nature.

Should you lose your claim, you would not have to pay the “success fee” that is detailed in the CFA you signed because this is only payable when your crushed foot claim is upheld and you are awarded the compensation you seek with the amount due to the solicitor being deducted from the amount you are awarded.

Informative Links

To find out more about your employer’s responsibility to have liability insurance in place, please follow the link below:

More about the law governing employer liability insurance

If you would like to know more about claiming compensation from an employer, please follow the link below:

More about claiming compensation following a workplace accident

Employee Injury At Work Advice

What Level of Compensation Would I Receive for a Loss of Limb? – A Guide To Loss Of Limb Claims Against Employer Calculate Amounts

Statistics published by the Hospital Episode Statistics (HES) for the 2013 to 2014 show that around 12,500 amputations were performed in the UK which were the result of people having been involved in catastrophic incidents both in the workplace and in road accidents. High on the list of accidents at work that result in a loss of limb is being crushed by something. If you were involved in any sort of serious accident in the workplace, you could be entitled to compensation for a loss of limb if your injuries were so catastrophic that you had to undergo an amputation, to find out more about this type of personal injury claim against an employer, please read on.

Employee Injury At Work Advice

Working Environments That Put You More at Risk of Suffering a Loss of Limb

Accidents at work that lead to the loss of a limb are life changing, traumatic experiences with some working environments putting you more at risk of suffering this type of injury than others. The most reported industries where workers have been involved in a workplace accident that resulted in a loss of limb include the following:

  • Construction
  • Factory
  • Quarry
  • Mining

With this said, you could be crushed by a falling object or moving vehicle in any working environment that could result in you suffering extensive damage to a limb which then requires amputation.

The Consequences of Suffering a Loss of Limb at Work

If you sustained a serious injury in the workplace because of employer negligence and as a result you suffered a loss of limb, you would be entitled to make a personal injury claim against them. However, you would need to provide as much evidence as you can that the incident occurred through employer negligence whether they failed to provide adequate personal protective equipment or they failed to provide the correct level of training to carry out a job you were tasked to do.

Having a big toe, finger, thumb, hand, arm or other limb amputated can result in tremendous physical pain and mental anguish both for you and your loved ones. It could mean that you would be unable to carry out your job or work again. If you suffered a life-changing injury as a result of employer negligence, you should contact a lawyer who specialises in accident at work claims. The solicitor would provide essential advice on how best to proceed in filing a case against your employer.

As previously mentioned, suffering a loss of limb can be life-changing and if the injury was so catastrophic that you would need to undergo long-term therapy and rehabilitation, your life may be changed forever. Modifications to your home being necessary and you may have to adapt to wearing a prosthetic limb which can be extremely stressful. Even having a thumb amputated means you lose your ability to grasp and grip things which could mean you are unable to carry out a job you used to do prior to being injured.

If you suffered a loss of limb at work in an accident that occurred through employer negligence, the best course of action is to contact a specialist lawyer who boasts extensive experience in handling this type of catastrophic accident at work claim.

How to Start Your Loss of Limb at Work Claim

Having suffered such a severe injury, it is important to focus on your health and well-being both physical and mental. However, as soon as you are able, you should seek legal advice from an experienced, specialist lawyer who would assess your case by offering a no obligation consultation which does not carry a fee. Once the lawyer is satisfied that your case against an employer is strong and that you are entitled to seek compensation from them by filing a loss of limb claim, the firm of solicitors would typically offer to represent you on a No Win No Fee basis, taking all the worry of how to pay for legal advice when you need it the most.

The initial consultation may have to be a face-to-face meeting or if your case is less complex, this could be carried out over the phone. Either way, there would be nothing to pay for the advice you receive from the lawyer you contact when thinking about filing a loss of limb at work claim against your employer.

You would need to provide as much evidence as you can both of the workplace accident, the extent of your injuries and the circumstances leading up to the incident. The solicitor who represents you on a No Win No Fee basis would also need to have the following:

  • The official report of the incident as recorded in the workplace Accident Report Book and RIDDOR
  • An official medical report detailing the extent of the injury you sustained in the workplace
  • Witness statements
  • Witness contact details
  • CCTV footage of the incident if available
  • Photos of where the incident occurred
  • Photos of your injuries prior to having received any treatment
  • Details of your employer’s liability insurance providers

The more evidence you can provide the solicitor, the better because it would strengthen your case against your employer.

The Process Of Filing a Loss of Limb at Work Claim

Once the lawyer has all the relevant information relating to your loss of limb claim and a No Win No Fee agreement has been signed between you and the firm of solicitors, your employer and their insurance providers would be contacted on your behalf. This is to inform them of your intentions to seek compensation for the injuries you sustained in the workplace accident. It is worth noting that “pre-action protocol” applies to all personal injury claims and this includes those that involve workplace injuries.

This procedure is set in place as a way of encouraging the “exchange of information” between both parties, namely the “claimant” and the “defendant”. The process is also designed to settle claims as quickly as possible and in many instances a case never goes before a judge with 95% of personal injury claims being “settled” out of court.

There is a strict time limit attached to the “pre-action protocol” and both the Defendant which in this instance would be your employer and you, the Claimant, must respond and acknowledge all written communication in a timely manner. Should an employer or their insurance providers fail to respond to any correspondence that is sent to them regarding your claim, the solicitor who represents you would advise on whether court proceedings should be issued.

Once a response is received from either your employer or their insurance providers and liability is “admitted”, the solicitor would then commence negotiating a fair and acceptable “settlement” which can only be achieved once all the medical evidence required detailing your injuries is finalised. The solicitor would consider showing your medical evidence to your employer’s insurance provider because this would give them an opportunity to offer you an acceptable settlement figure. It is essential that this be done, prior to issuing any court proceedings against your employer.

The medical report would provide essential information on the extent and the severity of the injury you sustained and the time it could take you to recover, or whether your injuries are such, that they are life-changing. This detailed report of your injuries provides both parties with an idea of how much you may be awarded for the damage you suffered in an accident at work that resulted in a loss of limb.

Employee Injury At Work Advice

The solicitor would also put together a draft “schedule of special damages” which is a document that lists the financial losses and other out-of-pocket expenses you incurred as a result of the injuries you sustained. The document is also vital as the information it contains would be used as a basis for the loss of limb compensation you would be awarded. It is worth noting that your employer/their insurance provider, may at any time during the process of filing for compensation, offer to make a settlement.

Should your employer or their insurance providers deny liability for the injuries you sustained in the workplace, they are obliged to provide documented reasons which must support the decision they came to. The solicitor who represents you would then begin an investigation into these claims with an end goal being to prove that your employer is, indeed, liable for the injuries you sustained in a workplace accident that resulted in you suffering a loss of limb.

What Can I Include in a Loss of Limb at Work Claim?

Sustaining a traumatic, life-changing injury such as a loss of limb not only causes physical pain but the mental stress involved can be devastating too. You may not be able to work again which means that you lose the chance of bringing in a wage. Losing the possibility of working can itself be traumatic which is why having the experience of a solicitor work with you when filing a loss of limb claim, can make what is a stressful time much easier to cope with.

The solicitor would handle all the negotiations on your behalf and they would make sure you are awarded a fair and acceptable level of loss of limb compensation for the workplace injuries you sustained through no fault of your own. The lawyer would also advise you on how much you may be awarded which they would do as soon as possible.

As previously mentioned, personal injury compensation amounts are calculated in two parts, namely “general damages” which cover the injuries you sustained, and “special damages” which cover the financial losses you incurred having been injured in a workplace accident.

Special damages explained

  • Special damages are awarded to compensate you for any loss of earnings you incurred for the time you were unable to work, and should you not be able to work again this would be factored into the amount of special damages you receive in a final settlement. Should you have to undergo ongoing treatment and therapy which means a final settlement would take longer to reach, the solicitor representing you would negotiate interim payments on your behalf to alleviate any financial stress you may have to deal with
  • Your medical expenses are also factored into the special damages you receive and this includes all the treatments, therapies and rehabilitation you would need to undergo having suffered a loss of limb in a workplace accident
  • Care costs are also awarded in special damages and they cover the fact that you may require a level of care around the home
  • Adaptations to your home would also be factored into the special damages you are awarded
  • Travel costs and expenses would also be included in the amount of special damages you receive and this includes whether you travel by car, taxi, bus or train to receive necessary treatments, therapies and rehabilitation

General damages explained

  • General damages are awarded on the extent and severity of the injuries you sustained in a workplace accident that left you with a loss of limb. General damages cover the pain and suffering you had to endure

It is worth noting that all personal injury claims are treated as unique and as such, the amount of compensation that you could receive in a successful loss of limb at work claim could be more or less than someone else who suffered a similar may be awarded either by a court or in an out of court settlement.

How Much Compensation Could I Receive in an Loss of Limb Settlement?

When it comes to calculating how much you may be awarded in a successful loss of limb at work claim, the solicitor who represents you would assess the severity of the injury you sustained and the mental as well as emotional repercussions that losing a limb may have caused you. In short, the compensation you receive would be proportional to the severity of your injuries and how you are affected by the damage you sustained in a workplace accident.

As a rough guide to the amount you may be awarded for a loss of limb, please see below:

  • Amputation of one or both feet, you may be awarded between £96,150 and £176,660
  • Amputation of one or both legs, you may receive between £211,150 and £247,280
  • Amputation of one or more finger, you may be awarded between £14,930 and £16,420
  • Amputation of one or both hands, you could receive between £84,310 and £96,150
  • Amputation of one or both arms, you may be awarded between £120,270 and £263,060

Working With a Solicitor on a No Win No Fee Loss of Limb Claim

If you suffered a catastrophic injury in a workplace accident that resulted in a loss of limb, by contacting a lawyer who has vast experience in handling this type of case, you would find out whether the firm of solicitors would be prepared to represent you on a No Win No Fee basis. This is an arrangement by which you would not have to worry about how to pay for legal advice. The agreement is referred to as a Conditional Fee Agreement and if the outcome of your loss of limb at work claim is unsuccessful, you would not have to pay the “success fee” that is laid out in the CFA you signed.

The only time that you would have to pay for the legal representation the firm of solicitors provided on your loss of limb at work claim, is when you are awarded the compensation you sought. The amount is then deducted directly by the solicitor from the amount you receive in a final settlement.

It is essential that you provide all the information and evidence surrounding the workplace accident that resulted in a loss of limb to the solicitor because this is the only way that your case can be accurately assessed so that a No Win No Fee agreement can be set in place between the firm of solicitors and yourself. It is also noteworthy that the “success fee” that a No Win No Fee solicitor can request has a limit of 25% attached to it.

Informative Links

If you would like more information on the amount a No Win No Fee solicitor can request, the following link provides essential reading:

More about Conditional Fee Agreements and Success Fees

To find out more about reportable accidents at work, the following link to RIDDOR provides useful information on which incidents and injuries must be reported:

More about reportable accidents in the workplace

Employee Injury At Work Advice

 

Can I Claim Compensation For The Loss of a Thumb Sustained at Work? – A Guide To Loss Of Thumb Claims Against Employer Calculate Amounts

If you sustained a serious thumb injury at work which resulted in the amputation of your thumb, you could be entitled to file for compensation against your employer, providing the incident happened in the last 3 years and because of the error of a work colleague or employer negligence. The loss of a thumb can seriously impact your ability to grasp and grip objects and as such it could mean you are unable to carry out the job you used to do prior to being injured. To find out more about how to claim compensation for the loss of a thumb at work, please read on.

Employee Injury At Work Advice

What is My Employer’s Responsibility in the Workplace?

Employers must keep you and your work colleagues safe while they are carrying out their daily tasks and failure to do so which results in a workplace accident, could leave them open to being sued for any injuries that employees sustain. There are various laws in the UK and Health and Safety Executive regulations which employers and employees must abide by. This includes ensuring that you are provided with the correct type of personal protector equipment when carrying out a job that presents more in the way of risks than others.

Your employer is obliged to set in place all “reasonable” measures to keep you safe while you are carrying out your job. Other responsibilities that an employer must adhere to include the following:

  • For all employees/workers, whether permanent or temporary which includes contractors and agency workers, to be provided with adequate and ongoing training to ensure they are capable of doing a job
  • To ensure that all tools, any equipment and machinery that is regularly used in the workplace, is correctly maintained so it is in “good” working order and to ensure that it is regularly serviced as per the manufacturer’s guidelines
  • To replace any tools, machinery and equipment that cannot be repaired so they can be safely operated and used
  • To ensure that risk assessments are routinely carried out in the workplace with an end goal being to identify dangers and hazards before setting in place “reasonable” measures to reduce the risk of harm and injury to employees/workers
  • To ensure that all employees/workers are given a copy of working procedures which should be available at all times for referencing
  • To ensure that all personal protective equipment is correctly stored and readily available to employees when needed

As previously mentioned, should your employer fail to carry out any of the above and as a result you suffer a serious injury that results in your thumb being amputated, you would have the right to seek compensation from your employer, providing your claim meets specific criteria which is that the workplace accident occurred in the last 3 years and you were not responsible.

How Much Compensation Could I Receive in a Successful Loss of a Thumb Claim?

When it comes to the amount of compensation you may receive if your loss of thumb claim is upheld, it would depend on the severity of your injury as well as the complexity of your case. In short, in order to calculate how much you may receive, a solicitor would arrange for you to be examined by an independent medical professional who would write a detailed report on the injuries you sustained and how your future ability to work is negatively impacted. This medical report is crucial as it would be key to how much you may be awarded either by a judge or your employer’s insurers should they wish to settle your loss of thumb claim before it goes to court.

You would be awarded both “general damages” and “special damages” with the latter being that much easier to work out as they are based on “actual” expenses and costs you incurred because of the injury sustained at work. General damages are awarded on the pain and suffering you had to endure which means they are a little harder to calculate. As a rule of thumb, the more severe your injury is and how it impacts your overall health, well-being and ability work, the more in the way of general damages compensation you would be awarded in a successful loss of thumb claim against a negligent employer.

What are My Workers Rights Following an Accident at Work?

Some workplace accidents and injuries are “reportable” to the Health and Safety Executive because the law requires that specific injuries are reported to RIDDOR. With this said, all accidents and near misses in the workplace should be officially recorded in one form or another whether in an Accident Report Book or by some other means which could be in a personal email sent to an employer or in a letter sent recorded delivery to an employer.

Your rights are protected if you are involved in a workplace accident that leaves you injured, whether your injuries are slight or a lot more severe. This means you have the right to do the following:

  • Seek compensation from your employer should they be responsible for the injuries you sustained. It is worth noting that even if a work colleague caused the incident, your employer could still be held liable for your injuries
  • To know that your job and position within a business, is safe even if you file a personal injury claim for a workplace injury against an employer

If you are threatened in any way which includes an employer telling you that you would be made redundant or fired if you seek compensation from them, your employer would be committing an offence because it is illegal for them to act in this way towards you. As such, before doing anything else, you should seek legal advice from an employment solicitor who would offer crucial advice on whether you could file further legal action out against your employer.

Employee Injury At Work Advice

Should I Sue My Employer for a Loss of Thumb?

As previously mentioned, your employer must keep you safe from injury while you are working for them and if they fail to do so, you have the right to seek compensation for the injury you sustain. Having to undergo a thumb amputation is a traumatic experience that can seriously impact your ability to grip and grasp anything. This type of traumatic injury can also affect you psychologically for which you would be entitled to receive compensation. Suing an employer for a loss of thumb at work would be perfectly reasonable providing they could be deemed liable for the accident occurring and the injury you sustained.

It is also worth noting that your employer must have liability insurance which must meet the legal required cover. The policy must also be issued by a recognised insurance provider. It is the insurer who would handle and deal with every aspect and stage of your loss of thumb claim which they would do through negotiation with a solicitor you choose to represent you with 95% of personal injury claims being settled before they go before a judge. In short, it would be your employer’s insurers who would pay the loss of thumb compensation you file for and not your employer.

Are There Any Benefits to Working With a Solicitor on a Loss of Thumb Claim?

Having been involved in a serious workplace accident that leaves you with the loss of a thumb, you may not be able to work for a considerable amount of time. It can take several months to recover from this type of injury and the psychological damage it can have on you would be substantial too. As such, it is important that you place your focus on making a full recovery following surgery to remove your injured thumb.

Having legal representation on your side at a time like this, helps you and your loved ones through a difficult time. A solicitor who specialises in accident at work claims of this nature would provide you with crucial legal advice on what evidence is needed to strengthen your case. Other benefits and advantages a solicitor would provide when representing you on a loss of thumb claim, would include the following:

  • Accident at work lawyers can access legal libraries to research case precedents
  • A solicitor can arrange for you to be examined by an independent consultant/specialist and the detailed medical report they provide would be essential when it comes to negotiating a fair and acceptable level of loss of thumb compensation
  • A solicitor would represent you on a No Win No Fee basis once they are satisfied that you have a strong claim against a negligent employer
  • A solicitor would handle your claim from the outset by contacting your employer and your employer’s liability insurance provider
  • A solicitor would arrange for you to receive specialist treatment, therapies and aftercare rehabilitation which can help speed up your loss of thumb recovery considerably
  • A solicitor would negotiate the correct level of compensation for the injuries you sustained

Is There a Time Limit to Making a Loss of Thumb at Work Claim Against My Employer?

There is a strict statutory time limit to filing a loss of thumb claim against your employer which is detailed below:

  • 3 years from the date of your workplace injury
  • 3 years from the day you turn 18 years of age should the workplace accident have happened before your 18th birthday

Waiting for too long to make a loss of thumb claim could result in you missing out on receiving compensation for the injury you sustained. This is true even if you have all the proof needed to uphold your claim. As such, it is better to seek legal advice from a solicitor who specialises in amputation claims sooner rather than later.

Can My Employer Fire Me For Filing a Loss of Thumb Claim Against Them?

Worker’s rights are protected in the United Kingdom and this includes when they suffer any injury or harm in the workplace. An employer cannot fire you because you seek compensation for injuries you sustained while in their employment. Should you be threatened with the “sack” for filing an accident at work claim against your employer, you should contact a solicitor who specialises in employment law. The reason being that your employer would be breaking the law if they tell you would lose your job if you seek compensation for an injury you sustained in the workplace.

Would a Solicitor Work on a No Win No Fee Basis on My Loss of Thumb Claim Against My Employer?

A lawyer who specialises in accident at work claims would need to thoroughly assess your case before agreeing to represent you on a No Win No Fee basis. However, once the firm of solicitors is satisfied that your claim is valid and that your employer could be deemed liable for the serious injury you sustained, you would be asked to sign a legal contract which is known as a Conditional Fee Agreement also referred to as a No Win No Fee agreement. This contract between you and the firm of solicitors sets out all the conditions and the “success fee” that would be payable on a successful loss of thumb claim.

You would need to provide a No Win No Fee lawyer with all the evidence relating to the workplace accident that resulted in you having a thumb amputated. This includes official records of the incident, initial medical reports, witness statements together with their contact details, the name of your employer’s liability insurers and photos of where the accident occurred together with photos of your injury prior to receiving any treatment if possible. The more evidence you can provide, the stronger your claim against an employer would be.

A solicitor would then communicate with your employer’s insurance provider who must abide by the time limits to respond to the letter they are sent informing them of your intentions to file an accident at work claim. If your employer admits liability, the solicitor would then begin negotiating a settlement with the insurance provider having initially respected the “pre-action protocols” that apply to all personal injury claims.

If the insurance provider fails to respond to any communication in a timely manner, your solicitor may begin court proceedings. If your employer disputes liability, it may be necessary for your case to go to court and be heard by a judge. However, your solicitor would first investigate your employer’s claims with an end goal being to get them to admit liability for the workplace injury you sustained thus preventing the need to go to court.

The percentage that would be payable on a successful loss of thumb claim has a cap which is set at 25% of the amount you may be awarded whether by a judge or by your employer’s insurance provider should they wish to offer you an out of court settlement. The amount you pay for the legal representation you received, is deducted from the amount of loss of thumb compensation you are awarded which means you do not have to find the money to pay the “success fee” that would be due on a successful loss of thumb claim against your employer.

Informative Links

If you would like to know more about your employer’s responsibilities towards you in the workplace, the following link takes you to the Health and Safety Executive website where you will find a lot of useful information on the topic:

More about an employer’s legal responsibilities in the workplace

To find out more about rehabilitation following an amputation, the following link takes you to the NHS website where you will find a lot of helpful information on this type of surgery:

More about amputation

Employee Injury At Work Advice