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Compensation for Finger Injury at Work

An Introduction to Claiming Compensation for a Finger Injury at Work
You may be eligible to claim compensation for a finger injury at work if your injury was caused by an accident in the workplace for which you were not entirely to blame. Personal injury claims of this nature are quite common and the article below may be useful if you wish to claim for a finger injury sustained at work, however it is no substitute for legal advice you could obtain by contacting a work injury compensation solicitor.

Reporting a Finger Injury

As with all personal injuries, your first priority in the immediate aftermath of an accident must be your health. It is of the utmost importance that you seek professional medical care, even if you believe the cut to your finger is relatively minor as this could have a considerable bearing on your compensation for a finger injury at work.

Once a doctor has treated your injury, a note will be recorded in your medical history which will substantiate any potential claim for a finger injury sustained at work. You should also make a note in your employer’s ‘Accident Report Book’, this record should contain an account of your accident as it will also be used to support any forthcoming claim for finger injury compensation.

Please be advised that you are not obliged to mention who you believe is responsible for your injury in the ‘Accident Report Book’. You should also retain a copy of the report for your records.
If you are absent from work due injury, your employer will be obligated to report your absence to the HSE if you have not returned after three days. The HSE may then be prompted to launch a health and safety investigation but this does not mean your claim for compensation will be successful although their findings could have a significant impact on the outcome of your claim.

Qualifying for Finger Injury Compensation

In order for your claim for a finger injury sustained at work to be successful, a third party must be at least partially responsible for causing your injury; usually this is your employer. Employers have a duty of care to provide you with a safe working environment and if they fail in this duty which results in you suffering an injury, you are entitled to claim finger injury compensation.

Generally employers are very upset when an employee sustains an injury in the workplace but they may be to blame for the accident if they are found to have been negligent in maintaining the required health and safety commitments to employees, either due to a lack of resources or through a lack of knowledge. Adequate training and suitable equipment are a prerequisite for all employees in the workplace, potential safety hazards must also be assessed and adequate supervision of the workplace carried out.

Even if another work colleague or a representative of the employer was directly at fault for your accident, the employer is still the liable party for your finger injury compensation claim.

Claiming Compensation against an Employer

It is natural for employees to worry about the affect a compensation claim against their employer may have on their current position at work as well as their future working relationships or work prospects. However, it is worth bearing in mind that UK law states there should be no repercussions against an employee who rightfully makes a compensation claim for a finger injury sustained at work against an employer.

It is the employer’s insurance company that pays the compensation for successful claims, not the employer and frequently payment is made without the need to pursue the finger injury compensation claim through the courts. It is highly unlikely you will ever be in a situation where you have to give evidence against your employer in a courtroom.

However if you have any concerns about making a compensation claim against your employer you are best advised to contact a work injury compensation solicitor.

How much Compensation will I be entitled to for my Finger Injury?

When claiming compensation for a finger injury at work, it is important to remember that no two claims are the same. Several factors must be taken into account when assessing the value of your claim and these can alter the compensation you are entitled to considerably.

Compensation for Pain and Suffering – The nature and severity of your finger injury will be assigned a financial value by your work injury compensation solicitor. The amount of compensation you are entitled to will be altered by your age, sex and general state of health prior to your accident. For example a young healthy female who sustains a scar on her ring finger would receive more than an older male who has smoked for fifty years.

Compensation for Emotional Trauma – Psychological injury can form the entire basis for a compensation claim while in other cases it will not be a factor at all. Any emotional trauma suffered as a result of a finger injury must be verified first by a psychologist in order for it to be included in a claim for a finger injury sustained at work.

Compensation for Loss of Amenity – If you are unable to participate in leisure activities or day-to-day tasks that were part of your life before the accident you may be entitled to claim for loss of amenity as part of claim for compensation for a finger injury at work regardless of whether the loss is temporary or permanent.

Special Damages in your Compensation Claim – Your claim for compensation for a finger injury sustained at work may include ‘Special Damages’ as part of the compensation. Special damages are the direct costs you incurred as a result of your injury, for example the costs of seeking medical treatment or any loss of earnings as a result of your injury could be recuperated under special damages once the claimant can provide prove of such costs (usually in the form of receipts).

There may be other elements that alter the amount of compensation you receive and a solicitor will be happy to discuss any additional factors with you when you speak with team about claiming compensation for a finger injury at work.

Finger Injury Compensation and Insurance Companies

If the insurance company of the negligent party believes you are entitled to claim compensation, they may approach you with a direct or unsolicited offer of compensation, this is known as ‘third party capture’. You may receive the offer before you have initiated a claim for compensation as the insurance company will be aware of the incident once it is reported in the employer’s ‘Accident Report Book’. It is common for insurance companies to stipulate in their terms and conditions with the employer that they must be informed about all incidents recorded in the ‘Accident Report Book’.

However you are urged to be vigilant when approached by an insurance company with a direct offer of compensation and you are advised to refer any such offers to your solicitor. Often an unsolicited offer of compensation is much lower than the amount the claimant may be entitled to for their injury, this is because the money is being offered up front with no questions asked. Insurance companies argue that an immediate settlement would save costs and thereby make more money available for compensation overall but in reality they are looking after their best interests. The offer of compensation is unlikely to take into account the potential future costs of your injury which is why you risk being under compensated if you accept a direct offer of compensation, and you cannot go back and ask the insurance company for more money once you accept their offer.

‘No Win, No Fee’ Representation in a Claim for a Finger Injury sustained at Work

A personal injury solicitor will protect you from any potential pitfalls in an accident compensation claim and will ensure you receive the maximum possible settlement you are entitled to for your claim.

They will help you to build a strong claim by directing you towards the steps you should take such as gathering the statements of colleagues who witnessed the accident or who shared the same unhealthy work environment as yourself, as soon as realistically possible. Their evidence may play a vital role in determining the outcome of your claim.

Your solicitor may offer you a free initial assessment of your finger injury at work compensation claim and, if they determine that your claim has a considerable chance of success, may provide legal representation under a “No Win, No Fee” agreement . As the government proposes changing the law in this respect, this is a further good reason to contact a work injury compensation solicitor as soon as possible.