I Broke a Finger at Work Can I Claim Compensation From an Employer? How To Claim Compensation If You Broke A Finger At Work

Accident At Work Claims Advice
Accident At Work Claims Advice
Broke Finger At Work
Broke Finger At Work

If you broke a finger at work and the accident occurred through no fault of your own, you may be able to seek compensation by filing a personal injury claim against your employer. For your claim to be valid, it would need to meet specific criteria one of which is that you were not responsible or only partly responsible for the broken finger injury you sustained.

To find out whether your broken finger at work claim is valid and the level of compensation you may receive, please click on the links below:

Common Causes of Broken Fingers in the Workplace

You could suffer a broken finger at work in a multitude of ways and the severity of the injury could be a minor break or something a lot more severe. With this said, the most common reasons for workers suffering a broken finger at work includes the following:

  • When using equipment, machinery or tools – examples being hammers and saws
  • Slip, trip and fall accidents where you stretch out a hand to break a fall
  • An item falling from height onto a hand/finger
  • Having a finger trapped by something – an example being trapped in a door or under something

If the accident at work that left you with a broken finger was caused by defective equipment, machinery or tools, liability could fall to your employer. The same is true if the incident happened because of an error or misjudgement on the part of a fellow worker. Your employer is responsible for the actions of all employees and other staff which means that if a work colleague was responsible for your broken finger injury, you could still file from compensation from your employer.

The Consequences of Suffering a Broken Finger at Work

If you suffered a broken finger at work, it can be extremely painful and depending on the severity of the break, your injury could take quite a while to heal. If the break is extremely severe, you may even have to lose the affected finger by having the digit amputated. This could mean that you are unable to operate machinery, equipment and tools that you routinely use in the workplace. Having a finger amputated can also have a psychological effect on you apart from being physically debilitating.

If you have suffered a severe break to a finger and believe that the incident was caused either through employer negligence or because a fellow worker made a mistake, you could be entitled to compensation. As such, it is worth discussing your claim with a personal injury lawyer who would determine who could be held liable for the finger injury you suffered in the workplace.

Does an Employer Have Responsibilities in the Workplace?

There are laws and HSE regulations that employers must respect so that you and all your fellow workers are protected from harm and injury in the workplace. Employers have a duty towards you and if they fail to set in place safety measures which results in you suffering a broken finger in an accident at work, they would be in breach of their legal duty.

The laws and legislation that protect you at work are as follows:

If you think that you could be held partly liable for your broken finger, your employer could also be held partly responsible (contributory negligence) for the injuries you sustained and as such you may still be entitled to seek compensation for the pain and suffering you endured.

With this said, if the incident occurred because you ignored safety measures set in place by an employer, your claim may not be upheld. The reason being that all employees are legally obliged to behave in an appropriate manner when at work to avoid the risk of harm and injury not only to themselves but to their work colleagues also.

How Do I Prove Employer Negligence if I Broke a Finger at Work?

For your broken finger claim against an employer to be valid, you would need to provide adequate proof that the workplace accident could have been avoided and that you did nothing to contribute to the fact you got injured at work. Under your employer’s legal duty to keep you safe in the workplace, they must have assured the following:

  • That you were given adequate and appropriated training to carry out a job you were tasked to do
  • That you were provided with ongoing training on a regular basis
  • That all equipment, tools and machinery is kept in good working order and routinely serviced and maintained as per a manufacturers recommendation
  • That you were made aware of good working practices and procedures in the workplace
  • That you were provided with industry-standard personal protective equipment to carry out a job safely
  • That risk assessments were routinely carried out in a work environment to identify risks and hazards
  • That you were made aware of all risks and hazards that are present in the workplace

If you can provide evidence that your employer chose to ignore any of the above or they asked you to cut corners on a job so that it was completed faster and you suffered a broken finger as a direct result, you should contact a personal injury solicitor who would recommend on how best to proceed with your accident at work claim against your employer.

Do I Have the Right to File an Accident at Work Against an Employer?

If you are injured in a workplace accident that was caused by someone else whether it is employer negligence or the error of a colleague, you have the right to file a personal injury claim and to be awarded compensation for the distress, pain, suffering and loss of amenity you endured. Your employer cannot prevent you from doing so and if they do, they would be acting unlawfully. It would also be unlawful for an employer to hint that you may lose your job or to threaten you with redundancy because you want to sue them for the broken finger injury you sustained at work.

Accident At Work Claims Advice
Accident At Work Claims Advice

What If I Am Partly Responsible for a Broken Finger at Work?

You could be partly responsible for the accident that left you with a broken finger but that does not mean you cannot file for compensation because if your employer was partly responsible, the claim would involve “contributory negligence” on their part. It is worth noting that should you win your case, the amount of broken finger compensation you would be awarded would reflect the level of liability you are deemed to have in causing the workplace accident.

An example being that if it is found that you are 25% responsible for your broken finger, the compensation awarded would be 75% of the full amount that you would receive if it was found that your employer was fully responsible for the injury you sustained in the workplace.

What is the Time Limit to Filing a Broken Finger at Work Claim?

You have 3 years to file a broken finger at work claim against your employer which is the statutory time limit associated with all personal injury claims. If you do not respect the deadline, your claim would be “time barred” and as such you would not be able to seek compensation even if it can be proved an employer was negligent in their legal duty to keep you safe from harm while you are at work.

With this said, the time limit of 3 years runs from different times, depending on when a workplace accident occurred and whether you were under the age of 18, in which case, the 3 year statutory deadline would begin from the date you turn 18 years of age. Should you develop a medical condition which a doctor has linked to your broken finger, the statutory 3 years would begin from the date of their diagnosis.

Who Pays The Compensation I Am Awarded in a Successful Broken Finger Claim?

Employers in the UK are legally required to have liability insurance in place which covers accidents in the workplace and instances when employees and other staff develop work-related health issues. The insurance cover must meet the £5 million legal requirement and the policy should be prominently displayed so that employees and other staff can clearly see it.

When you file an accident at work claim, it is the insurer who pays out the compensation you would be awarded in a successful claim. It is the insurance company who deals with all aspects of your case from the outset and this includes carrying out investigations into your claim.

What Happens if My Employer Does Not Accept Liability For My Broken Finger?

If your employer does not accept liability for your broken finger, a personal injury solicitor who represents you would begin investigations into their claim. Your employer’s insurers would also begin their investigations into your claim. At this stage, both parties being your solicitor and the solicitors working on behalf of your employer’s insurers, would communicate with each other while assessing the evidence you provided and the circumstances that led up to an accident which resulted in you suffering a broken finger at work.

A personal injury lawyer would typically recommend that you start court proceedings against your employer if they feel that your case against them is strong enough to win. Your employer’s insurers may as a consequence, decide that admitting liability would be the better route to take and as such, they would offer an “out of settlement” rather than have the case go before a judge. The reason being that should you win a court case, the insurer would not only have to pay their legal fees but yours also.

A personal injury solicitor who works on your behalf would typically recommend that you do not accept the initial offer from an insurance provider but to rather wait so they can negotiate a better and higher settlement for you. This would ensure that you do not “unsettle” a claim for broken finger compensation following an accident at work.

What Level of Broken Finger Compensation Would I Receive?

The level of broken finger compensation you could be awarded would depend on several things which are as follows:

  • The severity of your injuries
  • How your injury impacts your ability to work and your future life
  • The out-of-pocket expenses you incurred as a direct result of your injury

Personal injury compensation is divided into two parts which are general damages and special damages. General damages are awarded to compensate you for the distress, pain, suffering and loss of amenity you endured. Personal injury lawyers and judges refer to the Judicial College Guidelines along with the medical report provided from a qualified doctor or other medical expert when calculating the amount of general damages you would be awarded.

Special damages are awarded to reimburse you for all the expenses you incurred as a direct result of the broken finger injury you suffered in the workplace. You would be able to include your travel and medical costs as well as all other costs you had to pay out because of your injury. As a rough guide, you may be awarded anything from a few thousand pounds up to £29,000+ if you suffered serious fractures to several fingers that negatively impacts your ability to grip things.

Could I Be Fired for Filing a Broken Finger Claim Against an Employer?

If you are involved in a workplace accident that leaves you with a broken finger and you decide to seek compensation from your employer by filing an accident at work claim against them only to find that you are threatened with redundancy or you are fired from your job, your employer would be acting unlawfully. You may also be entitled to file an unfair dismissal claim against your employer bearing in mind that you would only have 3 months to do so because of the statutory time limit associated with this type of claim.

Should I Accept an Initial Broken Finger Settlement From an Insurer?

Insurance providers tend to offer initial settlements when employees seek compensation after being injured at work. However, this first offer could be a lot less than you may be entitled to receive. A personal injury solicitor would assess the amount offered before recommending what you should do and whether you should accept or not, bearing in mind that lawyers have vast experience when it comes to negotiating higher amounts.

As such, you should never accept an initial offer from an insurer before discussing it with a solicitor. The reason being that a solicitor who works on your behalf could get more in the way of broken finger compensation for you. The other things is that once you sign an acceptance of the settlement, it would bar you from seeking further compensation further down the line should your injury lead to other medical issues developing.

What Advantages Would a Personal Injury Solicitor Offer Me?

Having a solicitor represent you from the outset of filing a broken finger claim against an employer, can help speed up the legal process. The reason being that a solicitor understands that pre-action protocols have to be respected as do time limits associated with personal injury claims against third parties. Other benefits that a lawyer would bring to the table would include the following:

  • Your claim would be assessed in a no obligation, initial consultation which would be free of charge
  • Once your claim is assessed, a personal injury lawyer would represent you on a No Win No Fee basis taking all the financial worry of paying for legal representation off your shoulders
  • The solicitor would reference legal libraries when researching how much you may be entitled to receive by looking at other similar successful broken finger claims against employers
  • You would be examined by an independent medical expert so that their report can be used as a basis for the amount of compensation you receive in general damages
  • Apart from not having to pay an upfront fee to a solicitor, you would have no ongoing fees to find as your claim progresses. The only time you would pay an accident at work solicitor is when you are awarded the compensation you seek and the amount would be taken out of the money you receive

Another great advantage of working with a lawyer when filing an accident at work claim, is that any ongoing, long-term treatment you may need would be included in the compensation you are awarded.

Would a Solicitor Represent Me on a No Win No Fee Basis if I Sue My Employer?

If a solicitor believes that you have a strong case against an employer who could be deemed liable for the workplace accident that left you with a broken finger, they would typically agree to work on your case on a No Win No Fee basis. This means that once an agreement is signed, the solicitor can commence investigating your claim against your employer and they could do so without having to request that you pay them an upfront fee.

The only time you would have to pay an agreed percentage of the amount you are awarded, is when your case succeeds, whether through the courts or in an out of court settlement. Should your accident at work claim not succeed, you would have nothing to pay for the legal representation an accident at work lawyer provided when representing you on a broken finger at work claim.

Informative Links

If you were injured in a workplace accident and would like more information relating to your rights, please follow the link below:

Your rights in the workplace

If you broke a finger at work and would like more information about the Health and Safety at Work Act, please click on the link below:

The Health and Safety at Work Act

To find out more about reportable incidents in the workplace, please click on the link below:

Reportable injuries and diseases

Accident At Work Claims Advice
Accident At Work Claims Advice