Broken fingers are one of the more commonly reported workplace injuries and can range from minor abrasions to very severe damage being the loss of a digit. If you were involved in an accident at work that left you with a broken finger and the incident occurred in the last 3 years, you may be entitled to file for compensation providing you can prove employer negligence that resulted in a broken finger injury.
What are the Most Common Broken Finger Workplace Claims?
You can suffer a broken finger at work in many ways, but the more commonly reported cases where employees sustain this type of injury are listed below:
- When using machinery and equipment at work
- A slip, trip and fall at work that results in a broken finger
- Using defective machinery or equipment in the workplace
- Trapping a finger in a door
- Sustaining a crushed finger
All of the above are just some of the ways that you may sustain a broken finger in a workplace accident, but there are many other scenarios that could lead to the same outcome. If you suffered a broken finger at work and would like to know more about proving employer negligence, the best course of action is to seek legal advice from an accident at work solicitor.
Establishing the Severity of a Broken Finger and the Compensation You May Receive
When it comes to seeking compensation for a broken finger at work injury, you would need to have the damage examined by a doctor or other medical professional. A doctor would determine the extent of your injuries and would offer an idea on how much it may affect the use of your hand. A medical report would also be used to prove your broken finger claim and to calculate how much broken finger compensation you may be awarded by a judge or an employer’s insurers should they prefer to settle your case out of court.
Your Employer’s Responsibilities Towards You
All employers in the UK must abide by the many laws and legislation that is set in place to protect workers from harm and injury in the workplace. If an employer does not keep you safe while you are at work by failing to respect health and safety regulations and other UK laws which then causes you to sustain a broken finger, you would have every right to seek legal advice from an accident at work claims solicitor and be awarded the level of compensation you rightly deserve for the pain, suffering and any out-of-pocket expenses you incurred through no fault of your own.
Your employer must legally provide the following:
- That all employees are given ongoing training
- That all equipment and machinery in the workplace is correctly maintained and repaired/replaced when necessary
- To carry out regular risk assessments in the workplace and to set in measures to reduce the risk of harm and injury to all employees
- To provide all employees with detailed, accurate working practices together with company procedures
- To provide adequate personal protective equipment to all employees when necessary
As previously mentioned, if you suffer an injury at work because your employer chooses to ignore the laws that protect all employees, you could be entitled to file for compensation without the fear of being discriminated against for doing so.
What Level of Compensation Could I be Awarded in a Broken Finger at Work Claim?
A court would take into account many things when calculating the amount of broken finger compensation you may be awarded in a successful claim, bearing in mind that many accident at work claims are settled before they even go before a judge which is referred to as being an “out of court settlement”. Typical examples of the amounts you may receive are detailed below which are provided as ballpark figures only:
- A broken index finger which leads to you not being able to grab and grasp things – you could be awarded anything from £7,270 to £9,760
- Fractures to a middle finger that results in damage to tendons that could lead to a deformity – you may be awarded anything from £11,890 to £13,020
- Severe fractures and breaks to fingers that lead to complications – you can be awarded anything up to £29,290
If you believe your employer was in breach of their duty to keep all employees safe while at work, discussing the circumstances surrounding a workplace accident that left you injured with a solicitor would confirm whether you are correct in your assumptions.
How Do I Begin a Broken Finger Injury Claim?
You would need to have gathered as much evidence as possible if you decide to file a broken finger injury claim against your employer. The more proof you can provide, the better chance you have of being awarded the level of broken finger compensation you rightly deserve. You would also need to prove that your employer failed in their duty to keep you safe from harm or injury in the workplace and that they were in breach of the following:
- The Health and Safety at Work Act 1974
- They failed to provide the necessary and adequate personal protective equipment (PPE) for you to carry out a job you were tasked to do
- That an employer failed in their duty to identify risks and dangers in the workplace
- That your employer did not provide adequate training for the job you were tasked to do
- That your employer failed to ensure that a work colleague was sufficiently trained to do a job or that they had enough experience to carry out a job safely and as a result you sustained a broken finger at work
If you think you may have been partly responsible for your injuries, you should discuss things with a solicitor who specialises in accident at work claims. A solicitor would assess your claim by offering a free, initial, no obligation consultation. This allows a solicitor to not only establish whether you have a valid broken finger claim, but also who would be held liable for the accident occurring.
What is the Time Limit to Filing an Accident at Work Broken Finger Claim?
As with all or most work-related claims, there is a strict 3 year time limit that must be adhered to. The time begins from the date you were injured in the workplace or from the date when you were made aware of the extent of your injuries which is typically when diagnosed by a medical professional. However, if you were under the age of 18, the 3 year broken finger time limit starts from the day you turn 18 years of age.
If you start a claim as soon as possible after an accident at work that leaves you with a broken finger, the less chance there is of falling foul of the 3 year statutory time limit, bearing in mind that it can take a long time to gather all the relevant evidence needed to prove a claim and for an employer’s insurance company to respond to correspondence they receive pertaining to your claim.
A solicitor who specialises in accident at work claims has access to legal libraries, they also have vast experience when it comes to knowing what sort of proof an employer’s insurers would insist on having before discussing compensation terms. This can speed up the legal process considerably which in short, means that you would be awarded compensation sooner rather than later for the injuries and out-of-pocket expenses you incurred through no fault of your own.
What Can I Include in My Finger Injury Claim?
If you sustained a broken finger in a work-related accident and you decide to file for compensation against a negligent employer, there are specific things that can be included in your claim which are listed below:
- General damages
- Special damages
General damages
You would be compensated for the pain and suffering you had to endure through no fault of your own having been involved in an accident at work. This also covers any mental as well as physical suffering you endured and whether your injury meant you could no longer use your hand as you used to before your injury occurred.
Special damages
You would be compensated for the loss of earnings and future earnings should you not be able to work again due to the extent of your injuries. You would also be compensated for all your travel and medical expenses which you incurred as a direct result of your injuries.
Are There Any Benefits to Filing a Broken Finger Injury Claim?
You may find that having suffered a broken finger in a work-related accident, you are unable to work for a period of time. Your injuries may be such that you require extensive, ongoing treatment for the damage you sustained. As such, filing for compensation means that you are compensated for all the out-of-pocket expenses you incurred through no fault of your own but through the negligence of an employer. This takes all the pressure and worrying of how to pay monthly and other bills off the table.
It is worth noting that all employers must by law have valid liability insurance in place and as such, it is your employer’s insurers who would handle your broken finger claim and they would settle your case either by going to court or by offering to settle “out of court” which is often the case in successful work-related claims.
Can an Employer Fire Me For Filing a Broken Finger Claim Against Them?
If you are worried that your employer will sack you because you have chosen to file for compensation, it is worth noting that your employer cannot do so unless there is another good reason other than the fact you intend on filing a broken finger claim against them. Most reputable employers would not fire an employee for claiming compensation for a work-related injury because by doing so, an employee could also file a claim for unfair dismissal against them.
Would an Accident at Work Solicitor Take on My Broken Finger Claim on a No Win No Fee Basis?
A solicitor would typically offer you a no obligation, initial consultation which is free of charge. This allows them to assess your case, establish who may be liable and whether you have a strong case against a negligent employer. Once your broken finger claim has been assessed, a solicitor would offer to work with you on a No Win No Fee basis. This takes all the financial worry of paying for legal representation when you need it most off the table allowing you to concentrate on recovering from your injuries.
You would enter into a Conditional Fee Agreement (CFA) with the solicitor and once you have signed this legal contract, the solicitor can begin working on your claim without requesting an upfront fee or retainer. A Conditional Fee Agreement sets out the percentage known as a “success fee” that you would only have to pay a solicitor when you are awarded the compensation you rightly deserve. The fee would be deducted directly from the amount you receive. The agreement also sets out the “terms and conditions” of the contract which clearly states that should your broken finger claim against an employer be unsuccessful, you would have nothing to pay the solicitor for the legal representation they provided.