In the UK, employees are entitled to claim compensation for a broken finger at work if the injury has been sustained as a result of their employer’s carelessness. Although no employer deliberately intends to cause a workplace injury, there are many ways in which he or she can fail in their “duty of care” towards their employees which may result in an employee being eligible to make a work broken finger compensation claim.
This article provides general guidelines of how you can make a claim for breaking a finger at work, but is no substitute for discussing the circumstances of your accident with an experienced solicitor when you have broken a finger in an accident at work for which you were not to blame.
Why Swift Medical Treatment is Important
Although one´s usual response to having broken a finger in an accident at work would be to attend the casualty department of the nearest hospital, some people elect to work through the pain – delaying a professional medical examination until they have “time to spare” or the pain becomes so unbearable that they cannot put it off any longer.
Not only could a delay to receiving medical attention potentially create health issues in the future, it could also damage your entitlement to compensation for a broken finger at work if your claim is contested on the grounds that you displayed a lack of care for your own health and well-being.
Therefore, if you have not done so already, ensure that your injury is examined by a medical professional, write a report in your employer´s “Accident Report Book” and speak with a solicitor to confirm that you qualify for compensation for a broken finger at work.
Qualifying for Compensation for a Broken Finger at Work
In order to qualify for work broken finger compensation, it has to be established that your employer overlooked a risk of injury which resulted in you having broken a finger in an accident at work. This may be due to a lack of an appropriate risk assessment, the poor maintenance of workplace furniture, machinery or equipment, or something as simple as a cleaner not being told to place a hazard warning sign on a wet floor after they had just washed it.
Your claim for breaking a finger at work can be supported by photos of the hazard if it still exists, the testimony of co-workers or any other witness to your accident and – if you work in a warehouse or shop equipped with security cameras – CCTV footage. If your broken finger results in an absence from work of more than seven days, your employer should also report the incident to the Health and Safety Executive (HSE) under RIDDOR regulations, and the findings of any investigation carried out by the HSE may also support your claim for breaking a finger at work.
Making a Claim for Breaking a Finger at Work
When making a claim for compensation for a broken finger at work, some employees are concerned that the action could lead to a difficult working relationship with an employer and that it could be detrimental to their future prospects. You should note that any settlement of work broken finger compensation is paid by your employer´s liability insurance company and employment legislation states that there should be no repercussions against a claimant for making a justifiable claim after having broken a finger in an accident at work.
Your solicitor will explain the process of making a claim for breaking a finger at work to reassure you about your employment status and explain why a claim for having broken a finger in an accident at work is unlikely to be resolved in court – insurance companies usually being unwilling to risk a negative decision and incur significant court costs. Your solicitor will also advise you how much compensation for a broken finger at work you may be entitled to recover in relation to your personal situation.
How Much Compensation for a Broken Finger at Work?
No two compensation claims are identical — meaning that one claim for compensation for a broken finger at work could be worth significantly more or less than a claim for breaking a finger at work made by another employee. The value of your work broken finger injury compensation claim can be influenced as much by the consequences of your injury as the pain and suffering you experienced at the time your accident occurred.
Four primary variables are considered by a solicitor when calculating how much compensation for a broken finger in an accident at work a claim is worth and these factors can differ significantly depending on the claimant’s personal situation. The four main variables considered are:-
General Damages for Physical Pain and Suffering
Compensation for the physical pain and suffering you experienced at the time of your workplace accident will be calculated in accordance with the Judicial College Guidelines for the Assessment of General Damages and then adjusted to account for which of your fingers was broken at work, your age, general level of health prior to your accident at work and – in cases where female workers have broken their ring finger – your sex.
General Damages for Psychological Trauma
You will also be able to claim work broken finger compensation for psychological trauma if the nature of the accident in which you sustained your broken finger was particularly harrowing. Any psychological trauma you include in your claim for breaking a finger at work will have to be diagnosed by a psychologist and, as some symptoms of psychological trauma can take a long time to appear, the inclusion of psychological trauma in your claim for having broken a finger in an accident at work could delay the resolution of your claim.
General Damages for Loss of Amenity
If you have broken a finger in an accident at work, it is likely to make a difference to your quality of life and ability to perform domestic tasks. The inconvenience of incapability you experience is known as your “Loss of Amenity”, and how much compensation for a broken finger at work you receive may depend on how active you were prior to your accident and whether your broken finger has prevented you from participating in leisure and social activities which would have been part of your regular life before sustaining your injury.
Special Damages for Financial Losses
Special damages cover the financial cost of your broken finger and among the items you may be able to include in a claim for breaking a finger at work are any expenses you incur for medical treatment at the time of your injury or during your recovery, the costs associated with using alternative forms of transport while you are unable to drive and any loss of income you experience due to your employer´s failure in their duty of care. Every cost included in a work broken finger compensation claim must be justified by receipts or previous payslips.
It may be the case that not all four primary variables are applicable to your claim or that there may be other components not mentioned above which could increase the value of compensation for having broken a finger in an accident at work. Your solicitor will explain to you what may or may not be included in a claim for breaking a finger at work when he or she assesses your claim.
Unsolicited Offers of Work Broken Finger Compensation
As well as from providing a preliminary assessment of how much compensation for a broken finger at work you may be entitled to receive, an evaluation of your claim for breaking a finger at work will also prepare you in the event that an unsolicited offer of compensation for having broken a finger in an accident at work is made to you by your employer´s insurance company.
Quite often, an employer´s insurance company – advised of your injury by your employer in accordance with the terms of their insurance – will make a direct approach to you sometimes before you have even considered making a claim for work broken finger compensation. The purpose of the insurance company´s offer is to reduce costs on what they may have to settle your claim for, and the sinister name given to unsolicited offers – “third party capture” – should alert you to how valuable it can be to an insurance company to get your agreement to their offer.
Even if the offer of compensation for a broken finger at work seems tempting, it is still in your best interests to refer it at once to a solicitor. Your acceptance of an insurance company´s offer of work broken finger compensation is final and, should it be inadequate to provide for your family while you are unable to return to work, you cannot make a second claim for breaking a finger at work.
If You Have Broken a Finger in an Accident at Work
If you have broken a finger in an accident at work, and are intending to make a claim for injury compensation, these are the most important things to remember:-
- Always have your broken finger examined by a medical professional and your injury recorded in your medical history.
- Make a report in your workplace´s “Accident Report Book” so that your employer cannot deny that the injury occurred at work.
- Assemble whatever evidence of negligence you can while it still exists, or ask work colleagues to collect it on your behalf.
- Speak with a solicitor at the first practical opportunity to undergo an assessment of your claim and advice relating to your specific situation.
- Always refer any direct unsolicited offers of compensation for a broken finger at work immediately to your solicitor.