If you were involved in a workplace accident that left you with an extremely serious thumb injury and as a consequence you had to have the digit amputated, you may be entitled to seek compensation as long as your claim meets specific criteria. This includes that you suffered the injury at work in the last three years due to employer negligence or because a fellow employee made a mistake or error of judgement.
To find out if you could claim compensation for the loss of a thumb sustained at work, and what evidence you would need to support your claim, please read on.
- Do Employers Have Responsibilities Towards Employees in the Workplace?
- How Much Loss of Thumb Compensation Could I Get Following an Accident at Work?
- What Can I Include in a Loss of Thumb at Work Claim Against a Negligent Employer?
- Do I Have Workers Rights After an Accident at Work That Resulted in the Loss of a Thumb?
- Do I Have the Right to Sue an Employer for a Loss of Thumb in an Accident at Work?
- What Advantages Would a Lawyer Offer on a Loss of Thumb Claim?
- How Long Do I Have to File a Loss of Thumb at Work Claim?
- Can an Employer Give Me the Sack For Seeking Loss of Thumb Compensation?
- Would an Accident at Solicitor Offer Me No Win No Fee Terms When Representing Me on My Loss of Thumb Claim?
- Informative Links
Do Employers Have Responsibilities Towards Employees in the Workplace?
Your employer has responsibilities towards you and your colleagues in the workplace which includes making sure that a work environment is safe, that it is kept clean and tidy so that the chance of an accident happening is kept to a minimum. Your employer must respect all Health and Safety regulations as well as other laws that protect employees and other staff in the workplace whether they are permanent employees or temporary workers.
Employers in the UK are obliged to put in place “reasonable” measures to ensure that workers are protected from being injured while carrying out the jobs they are tasked to do. An employer’s responsibilities towards you would include making sure they do the following:
- Provide adequate training to you and your fellow workers whether permanent or temporary staff and to provide ongoing training at regular intervals to ensure that all staff in the workplace are deemed capable of carrying out their job
- That all tools, equipment and machinery in the workplace in maintained in good working order and to ensure that it is routinely inspected and serviced as per a manufacturer’s recommendations
- That personal protective equipment is correctly maintained and stored
- To ensure that PPE is available to all workers when required so they are able to carry out their work safely
- That regular risk assessments are done in the workplace so that any hazards can be identified
- That all staff both permanent and temporary are made aware of good working practices and procedures
If an employer fails to provide a safe work environment and they ignore Health and Safety regulations as well as other laws that protect you at work, they could be held negligent in their duty of care if you are injured in a workplace accident that results in the loss of a thumb. As such, the best thing to do is get in touch with a solicitor at www.accidentclaims.co.uk who would establish if your case against an employer is strong which they would be able to do when discussing your case in an initial consultation which is free of charge.
How Much Loss of Thumb Compensation Could I Get Following an Accident at Work?
It would depend on several things as to how much loss of thumb at work compensation you may be entitled to receive. Personal injury compensation is awarded in two parts which are general damages and special damages. General damages are based on the severity of your injury and how it affects your future life and ability to work. The amount of loss of thumb compensation would also be awarded using the Judicial College Guidelines as a basis.
Special damages are based on “actual” expenses and costs incurred as a direct result of having suffered an injury which in this instance would be in an accident at work. Special damages are much simpler to calculate because of this but you must be able to support any expenses and costs you incurred by providing the relevant receipts.
What Can I Include in a Loss of Thumb at Work Claim Against a Negligent Employer?
As previously mentioned, you can claim both your losses and damages when you file a loss of thumb at work claim. The damages you would be awarded would be compensated to you by way of “general damages” whereas the losses you are awarded would be compensated by way of “special damages.
General damages – these are awarded to compensated you for the following:
- Pain
- Suffering
- Loss of amenity
Special damages – these are awarded to compensate you for the following:
- Medical expenses – this includes prescriptions, medical aids and all other costs that are not covered by the NHS
- Travel costs – this includes the cost of going to and from a medical facility to receive treatment whether you get there by car, bus, taxi or train
- Care costs – this covers the cost of help around the home if you need assistance with daily chores
- All other expenses and costs that can be directly linked to the loss of thumb injury you suffered in the workplace
It is worth noting that any general damages you are awarded in a successful loss of thumb claim against an employer would be also based on the Judicial College Guidelines which a court or an insurer would use to calculate how much compensation you could be entitled to receive.
Do I Have Workers Rights After an Accident at Work That Resulted in the Loss of a Thumb?
You have workers rights if you are injured in an accident in the workplace bearing in mind that some injuries, incidents and near-misses are reportable to the Health and Safety Executive through the RIDDOR and you have the “right” to ensure that an employer has reported an incident because it is their responsibility to do so.
Other rights that you have if you suffer an injury in an accident at work would include the following:
- To claim compensation from an employer providing you can show they were responsible for the loss of thumb injury you sustained. Even if a work colleague caused the accident in which you were injured, it would still be your employer who would be deemed liable
- That your job is secure and that an employer cannot legally fire you because you file a loss of thumb at work claim against them
An employer cannot prevent you from seeking compensation or filing an accident at work claim against them and if they do, they would be in breach of your worker’s rights. As such, you should speak to a lawyer who would offer essential advice on how to deal with the situation whether through the courts or in an out of court settlement.
Do I Have the Right to Sue an Employer for a Loss of Thumb in an Accident at Work?
Your rights are protected as an employee and employers must respect these worker’s rights by ensuring that the environment you work in is kept clean and tidy which in turn reduces the risk of you suffering an injury in an accident at work. However, accidents happen and if you do get injured in the workplace, your employer cannot prevent you from seeking compensation providing your case meets the necessary criteria associated with all work-related personal injury claims.
If you lose a thumb in an accident at work and the incident happened in the last three years through no fault of your own, your employer cannot stop you from filing an accident at work claim against and if they do, they would be in breach of your right to do so. If you think you may be partly responsible for the injury you suffered, you could still file a claim for compensation against your employer who could be deemed partly liable. This is called contributory negligence. The amount of loss of thumb compensation you are awarded would take into account the level of responsibility you are deemed to have had.
The loss of a thumb can seriously impact your ability to grip or grasp anything and as such could make it harder for you to operate machinery and tools. If you cannot work and bring in your normal wage it could mean you have to face financial hardship. When you seek compensation from an employer for an injury sustained in the workplace, it is your employer’s insurer who handles your case. It is compulsory for all employers in the UK to hold liability insurance and the threshold must meet the legal requirement which is set at £5 million. Your employer should also ensure that the policy is well displayed in the workplace.
What Advantages Would a Lawyer Offer on a Loss of Thumb Claim?
A personal injury lawyer would offer essential assistance when it comes to filing a loss of thumb claim against an employer who was in breach of their duty to ensure you were kept safe from harm or injury at work. The solicitor would offer you an initial consultation that is typically free of charge and you would be under no obligation to pursue a claim should you change your mind. One of the main benefits of seeking legal advice sooner rather than later when you suffer this type of traumatic injury to your hand, is that a personal injury solicitor would not only arrange for you to be examined by an independent medical consultant or specialist but that you receive much needed therapy too.
Other advantages of having legal representation when making a loss of thumb at work claim against an employer would include the following:
- A personal injury solicitor would provide essential legal advice and representation on a No Win No Fee basis. In short, you would be able to file for compensation from an employer at no financial risk to yourself
- Solicitors have the right to access legal libraries and can use past cases to base you claim against an employer on
- The medical report that an independent medical professional provides would be used to calculate the extent of your injuries and the level of compensation you could be entitled to
- A solicitor would let you know as soon as possible of the amount of loss of thumb compensation you could receive
- Should your claim be complex, a personal injury solicitor would negotiate that you are paid “interim payments” to avoid you having to cope with any financial hardship
A personal injury lawyer has many years experience when it comes to representing employees who suffer traumatic injuries in the workplace which can make a complicated legal process much easier to understand. Having legal representation also means that you could be awarded a settlement much sooner whether your case has to go to court or the solicitor negotiates an out of court settlement for you with your employer’s liability insurance providers.
How Long Do I Have to File a Loss of Thumb at Work Claim?
There is a time limit that you must respect if you want to pursue a claim for compensation against an employer for the loss of a thumb sustained in a workplace accident. This is a statutory deadline that is set at 3 years. However, when the time limit begins would depend on several things which are as follows:
- You would have 3 years from the date of the workplace accident that left you with an injury to your thumb that resulted in amputation
- You would have 3 years from the date a medical professional diagnoses you as suffering from a medical condition that can be linked to the injury you suffered in the workplace
- You would have 3 years from the time you turn 18 years old should the workplace accident have occurred prior to this date. As such, you would have up until you are 21 years old to seek loss of thumb at work compensation from an employer
If you suffered this type of traumatic injury and would like legal advice on whether your claim for compensation from an employer would be valid, you should give a personal injury solicitor at www.accidentclaims.co.uk a call so they assess your case before offering essential advice on whether you should pursue your claim or not.
Can an Employer Give Me the Sack For Seeking Loss of Thumb Compensation?
As mentioned previously, your worker’s rights are protected which includes following a workplace accident in which you suffered an injury. Your employer would be in breach of your rights if they sacked you for seeking compensation for a workplace injury sustained through no fault of your own. If your employer threatens you or treats you detrimentally or unfairly because you file a loss of thumb claim against them, you should contact a solicitor who can provide you with vital advice on whether your employer’s actions towards you could entitle you to file further claims against them. This would include an unfair dismissal claim.
Would an Accident at Solicitor Offer Me No Win No Fee Terms When Representing Me on My Loss of Thumb Claim?
A personal injury solicitor who has vast experience in dealing with work-related accident claims would have to assess your case thoroughly before they would agree to offer you No Win No Fee terms. Once a firm of solicitors has established that you have a strong case against an employer and that they could be held responsible for the loss of a thumb you sustained in the workplace, they would enter into a contract known as a Conditional Fee Agreement otherwise referred to as a No Win No Fee agreement.
This is a legal agreement between a personal injury lawyer and you which sets out what you can expect the solicitor to do on your behalf as well as the “success fee” that would only be payable for the legal services they provide when you are awarded the loss of thumb compensation you seek. This “success fee” is then deducted from the settlement you receive. If your loss of thumb claim against an employer is unsuccessful, you would not have to pay the solicitor the agreed “success fee” having signed a CFA with them.
The work a solicitor would provide when acting on your behalf when you file a loss of thumb claim against your employer would include the following:
- They would handle all communications with your employer and their liability insurance provider which helps ensure that the process goes ahead in a timely manner
- Should your employer accept responsibility for the loss of a thumb you sustained in a workplace accident, a personal injury lawyer would start negotiations so that a settlement can be reached as soon as possible by ensuring that all pre-action protocols have been respected
- Should your employer deny liability, the lawyer who represents you would typically recommend pursuing your loss of thumb claim through the courts. In short, they would commence proceedings against your employer on your behalf
It is worth noting that there is a “cap” of 25% that would be payable to a solicitor on a successful claim whether the settlement is reached through the courts or in an out of court settlement with 95% of personal injury claims against third parties being settled in this manner.
Informative Links
For more information regarding your employer’s responsibility towards you and your fellow employees and how Health and Safety regulations must be respected, please follow the link that is provided below:
An employer’s duty of care towards employees
If you would like more information regarding rehabilitation if you had to undergo the amputation of a thumb following a workplace accident, please click on the link provided below:
More information regarding amputation
If you were involved in an accident at work and you suffered a traumatic injury to a thumb which resulted in amputation but you think you could be partly responsible for the injury you suffered and would like more information regarding contributory negligence, please click on the link below:
More in-depth information regarding contributory negligence