Are you thinking about making a finger injury at work claim? Were health and safety standards missing or incomplete in your workplace leading to an accident that damaged one of your fingers? The inconvenience of even a slight injury like this can cause a lot of disruption and expense, but compensation could help.
In this guide, we look at the claims process and provide you with the information you may need in order to decide whether you have valid claim or not. If you would prefer to discuss your case right now, please feel free to get in touch by:
- Calling our team on 0161 696 9685 to have your case evaluated for free.
- Use the ‘contact us’ online request
- Or speak to our ‘live support’ option below
Select A Section
- Types Of Workplace Finger Injuries
- What Are The Initial Steps Of Making A Finger Injury At Work Claim
- How Long After The Accident Could You Make A Claim?
- Finger Injury At Work Claim Settlements
- How Is Your Final Settlement Agreed?
- Getting The Right Solicitor For Your Finger Injury At Work Claim
It’s difficult to think of a workplace task that does not require the use of our fingers. Whether it is an industrial setting operating tools or the constant activity of using a keyboard, the delicate bones, and muscles of our digits can be at the forefront of risk from accidental damage.
You may be aware that a law called the Health and Safety At Work etc Act 1974 places a duty of care and responsibility on all employers to create (amongst other things) a workplace where a finger injury hazard is removed or reduced as much as is reasonably practicable.
To comply with safety laws employers could conduct regular risk assessments, act promptly on staff concerns about health and safety, and make the Health and Safety Executive (HSE) rules clearly understood to all concerned.
Typical finger accident scenarios
So, with this in mind let’s consider some possible finger injury at work scenarios. You could suffer a:
- Crushed finger in malfunctioning machinery
- Soft tissue cuts, bruises, and tears on sharp, exposed surfaces
- Burns from temperature or chemicals because of lack of personal protective equipment (PPE)
- Fractures that could arise from slipping or tripping on uneven floors
- Jammed fingertips, or torn off fingernails due to faulty fittings
- Acts of workplace violence
- Constant contact with vibrating machinery (Vibration White Finger)
- Repetitive strain injury from keyboard over-use
Compensation for an accident at work claim could be made for any finger injury that you can prove was the result of health and safety negligence. But a claim cannot be made for an accident alone, it has to involve actual, related injury.
Also, under Section 7 of the Act, employees have a legal duty to take as much care of themselves as possible. So ask yourself the following three questions to determine a valid claim:
- Who had the duty of care at the time and place of the accident?
- How did they breach that duty?
- Was I Injured as a direct consequence?
Speak to our team if you need any help with these points and learn more about what are your rights after an accident at work.
Workplace Finger Injury Statistics
The statistics below show the levels of reported upper limb injuries to workers for the period 2020/21. Non-fatal injuries to employees in Great Britain by site of injury 2020/21
Making an effective finger injury at work claim starts with solid evidence. If you are sure the finger injury was the result of deficient health and safety standards or even if you are not sure and think you may have been partially at fault for the workplace accident, you could start by doing the following:
- Getting medical treatment
- Reporting or recording the incident in the workplace accident book
- Asking witnesses if they would be prepared to give a statement to what they saw
- Gathering CCTV footage
- Taking photos of the scene
- Considering hiring legal representation in your claim
It may feel daunting to start a finger injury at work claim alone. A personal injury lawyer will have the expertise to advise on when to accept a settlement and how to negotiate all aspects of the claim with you. Allowing you the time to concentrate on getting better.
Under the conditions of the Limitation Act 1980, there is usually a three-year time limit for starting a personal injury claim for compensation in the workplace. This period starts from the date of the accident or the ‘date of knowledge’ of injury or illness.
Certain exceptions apply. The three-year period can start from the date of a minor’s 18th birthday. Giving them until age 21 to claim. Furthermore, it can be possible to launch a claim on behalf of a minor immediately by acting as a ‘litigation friend‘ and undertaking all required tasks for them. This can also apply if claiming for someone who lacks the mental capacity to represent themselves. Speak with our team for more information about this.
One of the ways that general damages are assessed is by referring to a publication called the Judicial College Guidelines. The chart below shows amounts that it could deem appropriate recompense for your pain, suffering, and loss of amenity as it relates to each specific injury:
|Injury||How bad?||JC Guideline award bracket||Notes|
|Amputation of index and middle finger||(d)||£58,100 to £85,170||rendering the hand's grip useless,|
|Fractured fingers||(f)||Up to £34,480||partial amputation, impaired grip|
|Total and partial loss of index finger||(i)||£11,420 to £17,590||impaired dexterity and grip|
|Fracture of index finger||(j)||£8,550 to £11,480||quicker recovery but risk of arthritis|
|Serious injury to ring or middle finger||(k)||£13,970 to £15,330||tendon damages, stiffness, deformity|
|Loss of the Terminal Phalanx of the Ring or Middle|
|(l)||£3,710 to £7,390||fingertip loss|
|Loss of thumb||(q)||£33,330 to £51,460||amputation or crushing causing complete loss|
|Dislocation of the thumb||(u)||£3,710 to £6,360||bone dislocation|
|Vibration White Finger (VWF)||most serious (a)||£29,690 to £36,060||persisting symptoms that necessitates alternative emplyment|
|Vibration White Finger (VWF)||serious (b)||£15,740 to £29,690||residual attacks throughout year|
Obviously, a medical assessment is crucial to determining the level of injury. An independent specialist or GP would perform this and a personal injury lawyer can help arrange this appointment if you would prefer.
As well as general damages, as you can see in the table above, which compensates for the pain and suffering caused, it may be possible that you can provide proof of financial loss? Receipts or bills that show you needed to pay money out in order to cope with the injuries can be included as ‘special damages’. With this in mind it could be possible to reclaim any:
- Loss of earnings
- Medical costs outside the remit of free NHS care
- Domestic help costs to clean, wash and shop
- Travel costs to hospital or work
It may be the case that you can prove other expenses forced on you by the finger injury at work. Claim them back by speaking to our team or using the online compensation calculator to see what else you could include.
Personal injury claims must go through a process of pre-action protocols before a settlement is reached. These actions are a way for both parties to:
- Formally understand the exact nature and circumstances of the accident and injury
- Communicate in a meaningful way to reach a resolution
- Stick to a timetable for responses and actions
Mediation and Arbitration
One of the final pre-action protocols is mediation or arbitration. This gives both parties a chance to use an intermediary to discuss a resolution. Acting as a ‘go-between; the mediator can help both sides reach a settlement figure ‘without prejudice‘ that seems fair without the need to go all the way to court.
At Advice.co.uk our team can run through a quick assessment of eligibility for your finger injury at work claim and potentially connect you with an expert from our panel of personal injury solicitors. They could take your case up on a No Win No Fee basis. Agreements such as this offer a claimant several advantages:
- You don’t have to pay anything to hire a No Win No Fee solicitor
- Or pay any fees to retain them as the case develops
- Additionally, should your case fail for any reason, there is no fee to pay to a No Win No Fee lawyer.
A successful claim only requires you to pay a small amount from your settlement to cover the costs of your solicitor.
This is never more than 25% with a Conditional Fee Agreement.
Find out how a No Win No Fee agreement could work for you in your finger injury at work claim today by:
- Calling our team on 0161 696 9685
- Using the ‘contact us’ online request
- Or accessing free advice through our ‘live support’ option below
Learn More About Workplace Injury Claims
With this in mind, the resources below could also help your finger injury at work claim:
- How to calculate compensation payouts for the loss of fingers
- More reading on compensation claims for finger injuries
- Also, how to claim for injuries caused by inadequate training in the workplace
- More statistics about workplace injury
- Advice from the NHS on treating a finger injury
- Lastly, guidance on avoiding repetitive strain injury (RSI)