Our guide below will help talk you through the process of making a compensation claim for a broken hand. Suffering from an injury to your hand can have a real impact on your daily life.
Broken hand injury compensation
If you’ve injured your hand because of an accident that was caused by someone else’s negligence, then you might be entitled to make a broken hand claim. However, a breach in the duty of care owed to you must be established first. This is true whether you’ve been hurt in a road traffic accident, at work or in a public place.
You’ll find all the information below that you need to feel confident in pursuing a claim for a broken hand. If you’d like free legal advice, or to chat with someone about moving forward with your claim, you can call 0161 696 9685. You can also contact us using our online form or by using the chat feature in the bottom right-hand corner of this screen.
Select a Section
- A Guide To Claiming Compensation For A Broken Hand Claim
- What Is A Broken Hand Injury?
- How Can You Make A Broken Hand Claim For An Injury At Work?
- Broken Hand Claim For An Injury In A Public Place
- How To Make A Broken Hand Claim For A Road Traffic Accident?
- Personal Injury Compensation Calculated For You
- What Are Special Damages?
- Case Study: £22,000 Broken Hand Claim
- Get Free Legal Advice On Your Case Amount
- Explanation Of How No Win No Fee Claims Work
- Get Free Legal Advice From Our Friendly Team
- More Resources And Guides On Broken Hand Claims
- Broken Hand Claim FAQs
A Guide To Claiming Compensation For A Broken Hand Claim
Most people don’t think about the process of claiming compensation following an accident. After all, nobody plans to be injured. But when you do suffer injuries as a result of an accident that isn’t your fault, as long as you can prove it was caused through the negligence of a third party who had a duty to your safety you may be eligible to claim.
We’d all like to believe that we can live our lives without the risk of injury caused by negligence. But accidents in a public place, on the road or in work can occur as a result of someone else not taking the proper precautions to keep you safe. Our guide will talk you through what a duty of care is, and how to tell when it’s been breached.
Understanding your injury, and what the process of recovery might look like to you, is an important step in moving forward with a claim for compensation. We’ll look at the kinds of injuries you might have sustained in your hand and how they’re treated.
Often, avoidable injury after a preventable accident will lead you to search online for things like “how much compensation will I get for a hand injury?”. If this is the case for you, then our guide can help. Read on to find out how personal injury compensation claims are calculated.
What Is A Broken Hand Injury?
The hand is made up of 27 bones. The palm, or metacarpals, is made up of 5 bones while the carpals, or wrist, is made up of eight. The remaining fourteen bones make up your fingers and thumbs.
If you’ve suffered an injury to your hand and you notice that it’s painful, swollen or misshapen, you should seek medical attention. Leaving a broken bone untreated can cause you issues later down the line.
When you go to the hospital, you’ll usually be given an x-ray to confirm that you have fractured your hand.
Usually, a fractured hand is able to heal without the need for surgery. This is true if the fracture is simple and aligned, meaning the bones are still in the correct position. Recovery usually takes around six weeks, but it can be slightly longer before your hand feels completely back to normal. You’ll be told by your doctor what kinds of things you can do with your hand while you heal.
If the bones in your hand are misaligned, meaning they aren’t in the correct position, or if your hand fracture doesn’t get better with time, then you might need surgery. This involved inserting metal plates, pins or screws in the hand to hold them in place as they heal.
How Can You Make A Broken Hand Claim For An Injury At Work?
In 2019/20, 38.8 million working days were lost in Britain due to work-related illness and workplace injury. This proves that workplace accidents are not uncommon.
29% of workplace accidents take the form of slips, trips and falls. This rises to 37% when we take into account falling from a height. This kind of accident can result in a hand fracture, especially if you fall onto your outstretched hand. 11% of workplace accidents in 2019/20 were the result of being struck by a moving or falling object. These kinds of accidents can easily result in a broken hand especially if your hand is crushed as a result. If you’ve been injured in this way as a result of employer negligence, then you might be entitled to make an accident at work claim.
Many people might feel nervous about making a work accident claim. You could feel that you don’t want to inconvenience your employer or see them out of pocket because of your claim. But the Employer’s Liability Act 1969 means that your employer has to have insurance to cover them for any injury at work claims, so you shouldn’t let this put you off from claiming the compensation you may be entitled to.
What Is An Employer’s Duty Of Care?
It’s the responsibility of your employer to take reasonable steps to make sure that you’re safe while doing your job. This is outlined in the Health and Safety at Work etc. Act 1974.
Section 2 of the Act outlines general duties an employer can carry out to create a safe work environment. To adhere to this legislation an employer may;
- Carrying out risk assessments, where risks to you and your colleagues can be identified and removed
- Making sure everyone is properly trained for their role, and has the correct safety equipment
- Ensuring good housekeeping, like clear walkways free of obstructions
- Making sure that equipment and machinery are well maintained and safe for use
How Can My Employer Breach Their Duty Of Care?
If you’ve been hurt in an accident at work because your employer hasn’t taken the proper steps outlined above, then this could potentially be a breach of their duty of care. There are a number of ways an employers breach of duty could lead to you being injured.
We’ve already seen that slips, trips and falls make up a big share of accidents that happen in the workplace. If you’ve slipped or fallen and injured yourself because of an unsafe surface, or because a walkway that you use was obstructed, then this could be grounds for an accident at work claim.
An injury could also be caused by someone who hasn’t been trained properly to use a piece of equipment. If this is the case, and your hand is fractured as a result, you may be able to pursue a claim for an injury at work.
For free legal advice, or to chat to someone about making a claim for a fractured hand at work, get in touch with our team of advisers today.
Broken Hand Claim For An Injury In A Public Place
Being injured because of someone else’s negligence is not something anyone wants. But with accidents in a public place, it’s not always immediately clear who may be at fault.
Whoever is in control of public space has a responsibility to make sure that you’re safe while using it. This is true whether it’s a restaurant, shop or outdoor space like a park or a beach. Failure to do so could result in a public liability claim.
The Duty Of Care Of Those In Control Of Public Spaces
According to The Occupier’s Liability Act 1957, public spaces need to be made as safe as they reasonably can. Not all accidents that happen in a public place mean that the injured party has a valid claim to seek compensation. If the accident that caused the injury could have been prevented had the right health and safety policies been followed it may mean you could have a valid case for damages.
How Can This Duty Be Breached?
Accidents in a public place can be the result of a breach of duty in a number of ways. If you’re in a supermarket and you slip on a wet floor that wasn’t signposted in a timely manner, then you could break your hand in the fall. This could be grounds for a public liability claim.
Outdoor spaces like parks and beaches should also be well-maintained to ensure your safety. If you’ve injured yourself on some playground equipment that was faulty, then you might be able to make a claim for compensation.
If you’d like free legal advice around making a public liability claim, don’t hesitate to get in touch with our team today.
How To Make A Broken Hand Claim For A Road Traffic Accident?
Road traffic accidents are never pleasant, no matter how minor. And when the result of an RTA is a fractured hand, the aftermath of the accident can be even more stressful.
“Vulnerable road user” is the term used to describe cyclists, pedestrians and motorcyclists who don’t have the protection that a car or van might offer a driver. This means that they’re more likely to be injured in a road traffic accident. Vulnerable road users were injured at a rate of 11,582 per billion miles travelled in 2019.
But this doesn’t mean that non-vulnerable road users are immune to the risks of a hand fracture when involved in a car accident. If another vehicle collides with you head-on or crashes into the side of you, then this could cause enough trauma to the hand for it to break.
Duty Of Care Of Road Users
Unlike accidents in a public place or in work, there’s no piece of legislation that outlines the duty of care on the road. But when we look to the Highway Code, we can see that all road users have a duty of care to one another. All road users should conduct themselves in a way that minimises the risk of harm to others.
How Can A Road User Breach Their Duty Of Care?
When you’re driving, it’s really important for your safety and the safety of others that you adhere to the duty of care. Careless and reckless driving can easily be the cause of an RTA resulting in a car accident claim.
Paying attention to the road is a vital part of being a safe driver. This means not driving while you’re tired or distracted and never using your phone or another device while driving. Driving while distracted could result in you pulling out of a junction when it isn’t safe to do so, or failing to see a pedestrian crossing the road. Any of these kinds of accidents could result in you hitting and injuring another road user.
If you’d like free legal advice surrounding making a car accident claim, get in touch with our team today.
Personal Injury Compensation Calculated For You
When you fracture your hand in an accident, healing can be an inconvenient and painful process. The general damages part of your claim will compensate you for the pain, suffering and inconvenience that the accident has caused you.
General damages are based on the location and severity of your injury, as well as what kind of recovery you can expect in the long term. You’ll be invited to a medical assessment as part of your personal injury claim. Here, it will be confirmed that your injuries were caused by your accident and not a preexisting condition.
For free legal advice about your personal injury claim, get in touch with our team today.
What Are Special Damages?
When you’re injured, it’s not just the pain and suffering caused by the injury that can have an effect. The costs associated with healing from a fractured hand can add up quickly.
Special damages are the part of your claim that compensates you for any out of pocket expenses that you’ve had to pay out because of your accident. It can include travel to and from any hospital appointments or prescriptions for medication you need.
This part of your claim will also compensate you for any time you’ve had to take off work as a result of your injury. It’ll also take into account if your injuries prevent you from going back to work permanently.
If your injuries are severe, you might need to hire someone to care for you. You could also have to make adjustments to your homes. These things can also be included in the special damages head of your claim.
It’s essential that you keep proof of any costs you’ve incurred because of your accident. Bills, invoices and receipts are necessary for any expenses to be taken into account when your compensation is calculated.
Case Study: £22,000 Broken Hand Claim
Circumstances Of The Accident
Andrea, a reporter, was browsing in a clothing shop when she tripped over a loose tile on the floor. She put her hands out to stop her fall, but her right hand was crushed underneath her.
Andrea immediately felt a great deal of pain in her hand. She noticed that she had difficulty opening and closing her fist. Andrea reported the accident in the shop’s accident book and took herself to the hospital.
At the hospital, a doctor confirmed that she’d fractured two of the metacarpals in her hand. The bones were misaligned, meaning they were no longer in the correct position, and so Andrea had to undergo surgery.
After the surgery, Andrea’s hand was put in a splint to protect it as it healed. This meant that she was unable to drive or work. She had to take taxis to and from her hospital appointments.
Aftermath Of The Accident
During her recuperation, she hired a cleaner to help her around the house, as she wasn’t able to keep on top of her household chores with one hand.
Andrea decided to try a course of physiotherapy to help relieve some of the stiffness in her hand, as the exercises she’d been given from the hospital hadn’t helped reduce the soreness in her fingers. After the physio appointments, she noticed some improvement but her hand still didn’t feel how it did before the accident.
Types of Special Damages | Includes: | How Much?: |
---|---|---|
Travel Expenses | Taxis to and from hospital appointments/surgery | £300 |
Medications/Prescriptions | Prescriptions for painkillers, course of physiotherapy | £355 |
Additional Care | Cleaner | £352 |
Future Loss | Loss of wages. | £3,743 |
We can see from the table above that Andrea’s accident cost her £4,750. When we add this to the general damages for her type of injury, we can see her claim was settled for £22,000.
Andrea’s case is purely an example. It is based on our experiences with claims and examines how accidents can happen.
Get Free Legal Advice On Your Case Amount
Making a claim for compensation can be daunting, and often when you’re looking to claim you’ll find yourself searching online for things like “how much compensation will I get for a hand injury?”. If so, you might notice that this brings up some online personal injury claims calculators. Although tempting, these online don’t collect enough information to value your claim accurately.
When you get in touch with our team, we’re able to collect the information we need to value the case correctly. So contact us today to speak to one of our knowledgeable advisers.
Explanation Of How Do No Win No Fee Claims Work
Our panel of personal injury solicitors can offer you a No Win No Fee agreement, meaning:
- They’ll never ask you to pay upfront for their services
- If you’re unsuccessful in your claim you won’t need to pay their fees
- Successful claims will be covered by a legally capped success fee, taken from your compensation
For free legal advice or to chat to someone about No Win No Fee agreements, get in touch with us today.
Get Free Legal Advice From Our Friendly Team
To chat with someone about moving forward with a broken hand claim, or to take advantage of our free legal advice, you can
- Call us on 0161 696 9685
- Write to us using our online form
- Use the live chat feature on the bottom right of this screen
More Resources And Guides On Broken Hand Claims
- How to report an accident at work
- How do I know if I’ve broken a bone?
- NHS guide to accessing physiotherapy
Broken Hand Claim FAQs
How do you tell if a hand is broken?
Your hand might be broken if you experience swelling and pain, particularly when squeezing or gripping in your hand. Your hand might also be tender or crooked if it’s broken. Always seek medical attention.
What is done for a broken hand?
Usually a broken hand will be put in a splint or cast to immobilise it while it heals. Sometimes, your broken hand might require surgery.
How do you sleep with a broken hand?
Advice will be given by your doctor.
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Published by AL.