Our advisors’ free legal advice could help you start a negligence case today. In this article, we discuss how you might value your claim for a broken thumb injury after an accident at work, in public, or whilst driving. Our example case study explains the process of building and valuing a case properly from start to finish.
If you’ve suffered because of an accident you don’t believe was your fault, this guide aims to help you. We explain how you can identify who caused the accident that led to your injuries and whether you could claim.
Our team is on hand 24/7 to take your call on 0161 696 9685. You can also write to us at Advice.co.uk to get the ball rolling. It’s quick, confidential, and our team offers you instant free legal advice to assess your broken thumb claim today.
Select a Section
- How Much Compensation For A Broken Thumb Injury?
- What Is A Broken Thumb Injury?
- How Can You Suffer A Broken Thumb Injury At Work?
- Broken Thumb Injury In A Public Place
- Can Road Traffic Accidents Result In A Broken Thumb Injury?
- Key Requirements For Calculating Personal Injury Compensation
- What Are Special Damages?
- Case Study: £23,000 Broken Thumb Injury Claim
- Your Case Warrants Free Legal Advice
- Does No Win No Fee Affect My Claim?
- Get Free Legal Advice From Our Experienced Team
- More Resources And Guides On Broken Thumb Injuries
- Broken Thumb Injury FAQs
We explain the laws that try and protect our safety in the workplace, in public, and on the roads. We also look at how a breach in the duty of care can form the basis of your claim and how speaking directly to a personal injury solicitor can be a good way to get an accurate valuation of potential compensation.
In this guide, we explore what No Win No Fee means and how it benefits those who’re concerned about the financial risk of hiring a solicitor. We also offer extra sources that could be of use to you and answer some commonly asked questions at the end of the article.
If you have any questions or queries as we proceed, don’t hesitate to speak to our friendly team. Their advice is free and you’ll be under no obligation to proceed with our services after getting in touch. With our 24/7 service, an advisor will be available whenever you want to talk.
Some may see the thumb as the busiest and most important of our digits. Being opposable makes it vital to picking things up and gives it the manual dexterity required for daily tasks. A serious injury to the thumb can be painful, annoying and a constant issue until healed.
A broken (fractured) thumb occurs when a strong enough force breaks or crushes a bone. The bones in the thumb that could be amongst those affected are the two phalanges (tip and middle bones) and the metacarpal (the bone running from the base of the hand to the webbing). A bone might be broken if you’re unable to move it, there is swelling or bruising and it protrudes at an odd angle. You can refer to this NHS site for more information about broken thumb diagnosis and treatment.
Before we get into specific scenarios where you might injure your thumb, what are some typical ways in which damage can happen to this vital digit?
- Twisted backwards
- Tears, cuts and tissue damage
- Crushed bones
- Burns and scalds
- Infection and circulatory problems
Obviously, there are other examples of thumb injuries. Your particular case might involve any number of factors that contributed to the injury. If you have any doubts or confusion as to whether your broken thumb injury might be eligible for compensation, please speak to our team for guidance.
There are a number of scenarios that could cause injury to the thumb. Some specific examples might be:
- Trapping your thumb in a faulty door or drawer
- Getting it caught in unguarded machinery or during the use of defective tools
- Breaking it as you fall or slip on unmarked areas
- Crushing it between heavy or badly stored items
- During an act of workplace violence
There are many others. As mentioned, the position of the thumb makes it keenly vulnerable to damage during the manual tasks of the day and it can get trapped, burnt, crushed, and cut in a multitude of ways.
What Is An Employers Duty Of Care?
The Health and Safety at Work etc. Act 1974 applies a duty of care on employers to do certain things that ensure a safe working environment. To ensure the workplace is as safe as it can practically be employers may choose to;
- Ensure all safety equipment is available and properly maintained.
- Ensure that all tools, materials, and work-related items are stored, moved, and handled properly, in accordance with their particular rules.
- Give training and adequate supervision.
- Make the workplace as safe for everyone as is reasonably possible.
- Provide health and safety policies.
- Liaise with safety representatives.
This is quite a list of expectations but they are possible. If a workplace becomes unsafe it could result in an accident that was avoidable. You could easily be the victim of negligence if the duty of care is missing or impaired.
Anyone who employs people in British workplaces should also carry liability insurance in case there is a breach in these compliances. If an employee is injured they may decide to claim. If your potential broken thumb injury claim wins, your employer should be able to compensate you through their insurance. Speak to our team for more information.
How Can My Employer Breach Their Duty Of Care?
Workplace injury isn’t uncommon. Some HSE statistics illustrate:
- 1.6 million working people were affected by a work-related illness in 2019/20.
- 111 workers lost their lives at work.
- 693,000 working people had an injury at work during this period.
- 65,427 employees reported an incident under RIDDOR which records significant injury.
Not all accidents will mean that a person will qualify for compensation. There are strict criteria that must be met. You must have suffered an injury. Furthermore, the accident must have been avoidable had your employer acted in line with their duty of care. So what types of breach on your employer’s part could create a scenario like that?
- Sloppy housekeeping procedures with a lack of signage can result in slippery, hazardous floors that you could fall on.
- Allowing employees to improperly store or stack objects that could fall and crush digits.
- Not providing appropriate training so employees poorly operate machinery or vehicles that might injure your thumb.
- Allowing employees to be exposed to extremes of hot and cold or hazardous chemicals without correct PPE.
- Being made aware of the personal risk one employee poses to another and failing to do anything to prevent a physical assault that results in injury.
In short, any area or procedure that is not managed with an adherence to the duty of care principle, as described in the Health and Safety at Work etc. Act 1974, could directly result in an injury to you. This breach on the part of your employer could make them liable for your broken thumb injury claim.
Duty of care is legal compliance in public places, too. A key part of your compensation claim is to establish clearly in your mind who had the duty of care in the area where you had your accident. Anyone who is in control of a public area has a responsibility to ensure the safety of people.
The Duty Of Care Of Those In Control Of Public Places
To quote section 2 of the Occupiers’ Liability Act 1957 directly— ‘a duty to take such care as in all the circumstances of the case is reasonable to see that the visitor will be reasonably safe in using the premises for the purposes for which he is invited or permitted by the occupier to be there.’
- Local authority buildings, streets, pavements, parks, beaches, shopping malls, restaurants, schools, libraries, and recreational areas are all covered by this law. It involves anywhere controlled by someone.
- Control of the area can be partial; it doesn’t need to be complete control over that area.
- The occupier owes a duty of care to safeguard people who visit or use their premises. They could be found liable as long as visitors are using the premises safely and aren’t causing undue risk to themselves or others despite knowing the hazards.
- If the occupier wants to keep the public away from dangerous areas, they must make this clear in the form of ‘out of bounds’ signs, for example.
The Act is detailed and you can read it in full. If you were harmed through no fault of your own whilst safely using an area accessible to the general public, you could have grounds to sue.
How Can This Duty Be Breached?
Some examples of occupier breaches could involve those that the occupier is aware of but doesn’t attend to. For example:
- Any type of blocked or unclear fire exit
- Structural building faults that pose a risk
- Appliances or fittings unfit for purpose
- Overcrowding issues
- Dangerous waste uncollected (for example, broken glass in a children’s ball pit)
- Lapses in hygiene and food safety standards
- Anything that poses an unnecessary risk of harm and compromises the legal right to assume you are safe using their facilities.
It’s important to note that it might not be immediately clear who has the legal duty of care. If you had an accident in public there are some things that you can do to strengthen your claim such as:
- Collect any witness details you can
- Request CCTV footage if available
- Research who the person in control is
Please don’t hesitate to give us a call if you’re unsure. Our advisors can provide free legal advice today that could help clarify and improve your claim for a broken thumb injury.
Duty Of Care Of Road Users
Road traffic accidents (RTAs) are an area where liability also applies. The Highway Code clearly states that every road user should show a duty of care to anyone else on the roads, including cyclists and pedestrians.
It’s not difficult to visualise a way in which your thumb could be badly damaged in a road traffic accident. The severity of impact, the positioning of the thumb in relation to the steering wheel, and the velocity of impact can all have an impact on the damage done to the bone and tissue of the thumb.
The Motor Insurers’ Bureau (MIB) exists to help pay you some form of reparation if the negligent driver that injured you was uninsured or untraceable. Click on the link to read in detail what help they could give in cases like this.
How Can A Road User Breach Their Duty Of Care?
Statistics show the prevalence of accidents but not how a thumb injury might be included. We can only imagine how a thumb might be hurt in any of these incidents. But the causes of accidents are more clearly documented. Specifically, causes include:
- Speeding and erratic driving
- Driving whilst under the influence of drink or drugs
- Not giving due care and attention to the road (for example, looking at a mobile phone)
- Road rage incidents
Any of these might result in an injury to your thumb. If it was avoidable and happened because of the breach in diligence and care the other road user is obliged to show, you could have a claim. Our free valuation service can help you discover what compensation might be owed to you.
Rather than relying on generic online calculators, we offer a personalised valuation service to get an accurate potential amount for your case. It’s important to note that compensation amounts vary on a case by case basis and no amount is ever absolutely certain.
A No Win No Fee lawyer would approach your case by looking at two types of compensation. When these are combined, it’s possible to move your final settlement payout into a much higher amount. The first type of compensation is called general damages which attempt to quantify and recognise the pain and suffering your injuries have caused you. This can include:
- Any mental health impact
- Loss of proper relationships with loved ones
- Diminished enjoyment in life
The amounts that lawyers refer to are not arbitrary. The Judicial College Guidelines produce suggested awards for general injuries in every part of the body. These figures are based on past cases to keep them fair and as consistent as possible. Our table in the example case study section shows one of the JCG brackets for a broken thumb injury.
The second component of your possible settlement is special damages. All the provable costs that your injuries have generated can be collected under this head. If you can prove the expenses incurred with receipts, bills, or invoices, you might be able to recover the financial loss. With this in mind, you might be able to claim compensation for the following (provided they’re a result of your injuries):
- Any care you’ve paid for or time family have spent caring for you
- Lost earnings
- Potential or future earnings lost
- Costs to retrain or adapt to a new job if you cannot work as before
- All the travel costs to hospital or rehabilitation visits
- Prosthetics or medical requirements
- Damage to your pension contributions or attendance bonus
- Lost deposits from any plans that needed to be cancelled
- Costs of your personal property, like clothing or eyewear, that was damaged
- Any other demonstrable cost that was a direct impact on the injuries
Special damages provide quite a lot of scope to increase your payout. The more proof you can give your No Win No Fee lawyer, if you choose to use one, the more you may be able to claim back as compensation. Talk to us today to see what you can do to support your claim with evidence and how your case could be properly valued.
Mr Smith worked in a local processing plant and on the day of his accident he was asked to use machinery that was not fit for purpose. The safety guard was missing and although he raised a concern, his line manager brushed this aside and told him to do the best he could.
Predictably, the worst happened. Mr Smith trapped his thumb in the machinery as he tried to operate it safely without the guard. His thumb was badly torn in the process and he required immediate medical attention.
After reaching out to a No Win No Fee personal injury solicitor, Mr Smith had his case valued to its full potential. All the relevant details were taken into account. After his employer admitted liability, he was able to win a settlement amount of £23,000 for serious injury compensation. The table below demonstrates how damages were calculated.
general damages How much? special damages how much?
A seriously injured thumb might qualify to receive compensation of anywhere between £11,820 to £15,740 for a fracture that requires wires and leads to impaired grip and loss of manual dexterity. £15,740 Loss of earnings and re-training £3,000
Private physiotherapy £200
Loss of planned holiday £1,000
Travel expenses to hospital and specialist appointments £300
Family care costs (cleaning, cooking, childcare, driving, gardening etc.) £1,760
Loss of attendance bonus at work and impact on pension contributions £1,000
Our case study is not based on an actual case. It is designed to merely illustrate how a breach of the duty of care can result in injury. Your particular circumstances may vary.
Our panel of solicitors has over three decades of direct experience handling:
- personal injury
- medical negligence
- road traffic accident claims
They are committed to winning you the maximum amount of compensation possible for your particular case whilst guiding you through the complexities of the legal process. They can clarify the legal jargon and provide expert support and advice throughout. Give your case the best possible start by speaking to our advisors today to see how we could connect you.
Our advisors are knowledgeable professionals and are ready to answer your questions 24/7. They can also offer you a free estimation of what your claim might be worth. Call or message today to find out more and, remember, you’re under no obligation to use the services of our panel after getting in touch.
No Win No Fee or Conditional Fee Agreements (CFAs) can offer many benefits. Firstly, there is nothing to pay to hire a solicitor at the start of your claim. The removal of that financial concern could enable you to initiate your claim well within the time-frame for starting personal injury negligence cases (generally three years). Furthermore:
- No solicitor costs to you until you win the case
- Nothing to pay at all to your solicitor if the case does not succeed
Successful cases mean that you only need to pay your solicitors a commission at the end. This is after you have received the settlement payout. This amount is capped to keep it as fair and beneficial to you as possible. Naturally, you should receive expert legal advice all along.
To sum up, if you’re happy to proceed with a claim or would like to discuss your options you can:
- Speak to us now at 0161 696 9685
- Write to us at Advice.co.uk
- Speak to our friendly team through the live support option, bottom right
In conclusion, we hope that this article has helped you in your search for free advice. The links below offer further reading on all of the topics we’ve discussed:
We have a guide where you can read more about work accident claims.
You can read more about car accident claims too.
For an overview of the service we offer, please look at our advice homepage.
Details about the costs of paying for your own care are available through the NHS site.
The Health and Safety Executive has statistics about health and safety in the workplace to read.
The NHS also has advice on how to treat thumb injuries.
What’s the difference between a thumb that is broken or sprained?
A broken thumb can involve swelling, pain, and an almost complete inability to move the digit. It may also be misshapen and feel cold. Sprained thumbs are generally much less painful or visibly altered.
What’s the approximate heal-time for a fractured thumb?
Various factors like age and general health have a bearing. Also, if you wear a cast or support and refrain from using that hand as much as you can, it may have an impact on recovery. Healing takes generally 6 to 8 weeks.
When should I see a doctor about a thumb injury?
Depending on the severity, any accident should be brought to the attention of a medical professional. They are trained to spot health risks that may not be immediately obvious. Always seek medical advice.
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Published by HE