Have you been involved in an accident that was caused by someone breaching their duty of care to you? Did you lose a finger as a result? If so, you could be owed compensation.
The loss of fingers can be a life-altering accident. If you have suffered from an injury of this nature because of the negligence of someone who owed you a duty of care, you could claim. You’re owed a duty of care while at work, on the road and in public places. This guide will examine the duty of care you’re owed and how this can be breached.
We offer guidance throughout this article and our personal injury claims team are available 24/7 to take your call. Getting in touch to start the compensation claim process is very easy. You can:
- Call for a free, no-obligation chat on 0161 696 9685
- Write or email us at Advice.co.uk
- Speak to an advisor at our ‘live support’ portal, bottom right
Select a Section
- A Guide To Claiming Compensation Payouts For Loss Of Fingers
- What Does Loss Of Fingers Mean?
- How Can You Suffer Loss Of Fingers At Work?
- Loss Of Fingers In A Public Place
- How Can You Suffer Loss Of Fingers In A Road Traffic Accident?
- Information On Personal Injury Compensation Calculations
- What Are Special Damages?
- Case Study: £85,000 For Loss Of Fingers
- Free Legal Advice To Evaluate Your Case
- No Win No Fee Policies For Negligence Claimants
- Our Specialists Can Offer You Free Legal Advice
- More Resources And Guides On Loss Of Fingers
- Loss Of Fingers FAQs
Loss of fingers can be a devastating injury. If it’s your dominant hand, you may need to completely re-learn basic tasks. If this injury was caused by a breach of the duty of care at work, in public, or in a car accident, you may be owed compensation for the pain and suffering you have experienced.
We use a case study to explain what the duty of care is and the legislation that enforces it. We examine how those laws might be breached and how a breach may cause you to lose your finger.
You may be wondering how much compensation you could be owed for an injury of this nature. We will look at how compensation for a lost finger can be calculated and the damages that it might consist of.
While there is no legal obligation to have a solicitor for a personal injury claim. However, you may find that the support and guidance of a solicitor help the process run more smoothly. If so, you may be wondering how you can fund legal representation. We will go into more detail about No Win No Fee agreements and how they can help.
If you still have questions after reading this guide, then our advisors will be happy to answer anything you would like to know. Simply get in touch and someone will be available to answer your call 24/7.
Our fingers are essential in enabling us to carry out many of our daily tasks. Even a minor injury to the finger can impact your quality of life as you recover. And when the injury is serious enough that your finger is lost, or needs to be amputated, this can affect your ability to work and care for yourself.
A finger may be lost because of:
- A very sharp edge that cuts the fingers clean
- Heavy crushing which necessitates the amputation of the finger
- Corrosive liquids
- A burn injury
You should always seek immediate medical attention if you’ve been involved in an accident in which your finger has been completely or partially severed. This kind of injury poses a risk of blood loss, as well as a risk of infection.
Furthermore, you should also seek medical attention if your finger has been crushed in an accident. If the injury becomes infected, affected by gangrene or is deformed, meaning that you’re left with limited motion, your doctor may suggest amputation.
The Health and Safety Executive provide statistics related to injuries in workplaces that are reported to RIDDOR.
The graph below shows the number of injuries sustained to different parts of the upper limb in 2019/20. As we can see, injury to one or more fingers and thumbs was the second most common injury type, after injuries to the rest of the upper limb excluding hand, fingers and wrist.
It’s important to note that not all of these instances will relate to a breach of duty of care, and so not all will be grounds for a claim.
What Is An Employers Duty Of Care?
Under The Health And Safety At Work etc Act 1974, employers are required to comply with a duty of care to the safety and wellbeing of their employees. Employees are also expected to do their part by avoiding accidents as much as possible and helping our colleagues do the same.
Employers are expected to:
- Maintain good housekeeping to reduce the risk of slips, trips and falls. This includes making sure that walkways are clear of clutter and well-lit
- Provide appropriate training to employees
- Ensure that all machinery that needs to be used for the role is safe and well-maintained
- Provide you with the proper Personal Protective Equipment (PPE) for the job at hand
Employers in Britain are obliged by law to carry employer’s liability insurance according to the Employers’ Liability (Compulsory Insurance) Act 1969. Your claim for loss of fingers compensation would be made against this insurance. This means that you don’t need to worry about the financial impact that making a claim could have on your employer directly or the business as a whole.
As we go about our business in public, we are usually more interested in enjoying our day than worrying about whether our safety has been ensured. But an accident in a public place can happen if the duty of care is breached.
The Occupiers’ Liability Act 1957 (OLA) sets out the duty of care owed to those in control of public places to those who use them for the purpose intended. The OLA covers:
- Streets, roads, and pavements
- Parks and beaches
- A shop or supermarket
- Pubs and restaurants
The OLA requires those in control of these spaces to apply this common duty of care to the safety and wellbeing of all visitors. If they neglect their duty of care and you’re injured as a result, you could be owed compensation.
How Can This Duty Be Breached?
An act of negligence or breach of duty of care on the part of those in control of a public area that exposes the visitor to risk could create injury. For example, you could be injured because of:
- Unmarked hazards like steep stairs or low ceilings
- Fire hazards
- Faulty facilities, for instance, a broken machine in a gym
- Poor housekeeping, such as a spill that isn’t cleaned up or signposted within a reasonable timeframe
- Badly stocked merchandise or display materials that pose a risk of falling and causing injury
As long as you were using facilities for the purpose intended, you could have a claim if you were harmed because of a breach of duty of care. Speak to our personal injury claims team for free legal advice on how to start your public liability claim.
There are many kinds of injury can result from a car collision. You may fully or partially sever your finger in a road traffic accident on a piece of glass or sharp metal. Alternatively, you could injure your finger so severely that it has to be amputated.
Statistics illustrate that:
- In 2019, 1,752 people were killed during a road traffic accident
- 25,945 were involved in an accident that caused serious injury
- 153,158 reported injuries of any severities
It’s not just car drivers who are at risk of injury on the road. In fact, motorcyclists, cyclists and pedestrians are all considered vulnerable road users. They may be more susceptible to injury as someone driving, for instance, a motorcycle doesn’t have the protection offered by a car.
Duty Of Care Of Road Users
The Highway Code sets out the things that road users should do to ensure the safety of everyone else. There are a number of things that drivers are expected to do to adhere to the duty of care. These include:
- Adhering to the speed limit
- Paying full attention to the road
- Following instructions given by road markings and signs
All road users owe a duty of care to one another; there’s no exception made if you’re inexperienced with driving. Everyone is expected to adhere to the standards of care and skill of the average motorist.
How Might A Road User Breach Their Duty Of Care?
There are a number of ways that a road user could breach their duty of care while driving. These include:
- Speeding, resulting in them being unable to stop in time to avoid a hazard
- Overtaking without enough space, causing them to hit another vehicle
- Driving under the influence of drink or drugs
- Not concentrating – looking at a mobile phone etc
Any of these scenarios could result in causing you injury. If you can show that the other driver’s negligence caused the accident that resulted in you being injured, you could claim compensation. Furthermore, if you were injured by an uninsured or hit and run driver, you may be able to claim through the Motor Insurers Bureau (MIB).
When you claim compensation, your settlement may be split into two heads of claim. These are known as general damages and special damages.
General damages are the part of your compensation that covers you for the pain and suffering that your injuries have caused you. To calculate this, you will usually be invited to a medical assessment with an independent expert. In this assessment, they will speak with you about how your injuries have impacted your quality of life and compile their findings in a report.
This report will be used with the help of a publication called the Judicial College Guidelines to value your compensation. These are guideline compensation amounts for a number of injuries of varying severities.
As well as general damages, you could also be awarded special damages. Read on for more information on what special damages are and how much you could be owed.
The second component of your claim for compensation settlement amount is special damages. When you suffer a sudden injury, you may notice that you’re impacted financially as well as physically. The financial impact of an accident can be taken into consideration with special damages.
Special damages can include:
- Lost earnings
- Costs of professional or family care
- Travel expenses to hospital visits
- Damage to pension contributions or work attendance bonus
- Child care or pet care
- Modifications to your home or car if you’ve been left with a serious disability
The more information you can give our team, the more accurate an estimate of possible compensation settlement you could receive for your loss of fingers claim. It’s really important that you keep any evidence of special damages, such as bills, receipts or invoices in order for them to be included in your claim.
Mr James had worked at a chemical processing plant for 20 years. Part of his job was to transport caustic chemicals with very high acid content. He performed this task very carefully and made sure to always wear PPE.
However, on one occasion he was given a spare pair of gloves by his employer because the pair he usually used wasn’t available. The lid of one of the canisters he was transporting opened, which resulted in acid spilling on his hand.
It quickly became clear that the gloves Mr James had been given were not fit for purpose. He felt an immediate burning in his right hand and lost consciousness because of the pain. When he awoke, he was in an ambulance being taken to hospital.
At the hospital, it was confirmed that three of the fingers on Mr James’ right hand would need to be amputated. He was incredibly frustrated, as he knew that he’d done everything within his power to stop the incident from happening.
It transpired that, as well as the gloves being unsuitable for the job at hand, the canister transporting the liquid was also faulty. Because of this, Mr James decided to pursue a claim. The damages he was awarded are included in the claim below.
|For Amputation of Index, Middle and Ring Fingers
|Lost earnings for three months
|Adaptations to car and home
Mr. James’s case study is purely an example. We’ve based it on our past experiences in valuing and assessing claims for compensation.
When you call our friendly team, they can assess your circumstances in a short, informal chat. By taking details of your case, they will be able to estimate how much your claim could be worth.
Some websites offer personal injury compensation calculators which offer to value your claim online. These can be useful tools; however, they often fail to collect the scope of information required to accurately value your claim. For this reason, we recommend speaking to our team.
Our panel can handle cases remotely for people all across the UK. There is a three-year time limit set on starting a compensation claim, so speak to us now to see if you can start a claim today.
You may want to take advantage of the support and guidance of a solicitor, but be worried about the upfront fees this can incur. If so, you may benefit from a No Win No Fee agreement with a solicitor.
A No Win No Fee agreement means that you won’t be asked to pay your solicitor anything before they start work on your claim or while it’s ongoing. You also won’t be asked to pay them anything if you lose your claim. If your claim is successful, they will deduct a legally capped percentage of your compensation to cover their costs.
If you’d like to know more about how a No Win No Fee agreement could help you fund legal representation, get in touch with our team today at the contact information below.
Thank you for reading this guide to calculating compensation for a lost finger. We hope it has been helpful. If you are ready to start a claim for compensation for an injury caused by a breach of duty of care, please feel free to:
- Call for a free, no-obligation chat on 0161 696 9685
- Write or email us at Advice.co.uk
- Speak to an advisor at our ‘live support’ portal, bottom right
To sum up, perhaps you would just like further information on the topics discussed. We look forward to helping in whatever way we can with your loss of fingers claim or another type of personal injury.
Claiming Against the Local Authority– If you’ve lost your finger because of the negligence of the council, our guide could help you claim.
Claiming for a Psychological Injury– As well as physical injuries, an accident causing you to lose your fingers could cause psychological damage. Read our guide for more information.
Accident at a Leisure Centre- Have you been the victim of a breach of duty of care at a leisure centre, causing injury? If so, our guide could help you claim.
Litigation friends– If you’d like to claim on behalf of a child or someone who lacks the mental capacity to claim, this government page could help.
Statutory Sick Pay (SSP)- This guide could inform you of whether you’re eligible to receive SSP for time take off work.
NHS Services– Visit this page for information on using NHS services
What’s the heal time for an amputated finger?
This can vary on a case-to-case basis. However, adapting to the loss of one or more fingers could take years.
When should a finger be amputated?
A finger may be amputated it is so badly crushed or degloved of flesh to present an infection risk. It may also be amputated in the event of gangrene.
Does losing a finger always require a prosthetic?
A prosthetic can help to regain function. However, it’s up to each individual to decide what is comfortable.
Thank you for reading our guide on claiming compensation for the loss of fingers.