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What Level of Compensation Would I Receive for a Loss of Limb? – A Guide To Loss Of Limb Claims Against Employer Calculate Amounts

Working Environments That Put You More at Risk of Suffering a Loss of Limb

Accidents at work that lead to the loss of a limb are life changing, traumatic experiences with some working environments putting you more at risk of suffering this type of injury than others. The most reported industries where workers have been involved in a workplace accident that resulted in a loss of limb include the following:

Construction
Factory
Quarry
Mining

With this said, you could be crushed by a falling object or moving vehicle in any working environment that could result in you suffering extensive damage to a limb which then requires amputation.

The Consequences of Suffering a Loss of Limb at Work

If you sustained a serious injury in the workplace because of employer negligence and as a result you suffered a loss of limb, you would be entitled to make a personal injury claim against them. However, you would need to provide as much evidence as you can that the incident occurred through employer negligence whether they failed to provide adequate personal protective equipment or they failed to provide the correct level of training to carry out a job you were tasked to do.

Having a big toe, finger, thumb, hand, arm or other limb amputated can result in tremendous physical pain and mental anguish both for you and your loved ones. It could mean that you would be unable to carry out your job or work again. If you suffered a life-changing injury as a result of employer negligence, you should contact a lawyer who specialises in accident at work claims. The solicitor would provide essential advice on how best to proceed in filing a case against your employer.

As previously mentioned, suffering a loss of limb can be life-changing and if the injury was so catastrophic that you would need to undergo long-term therapy and rehabilitation, your life may be changed forever. Modifications to your home being necessary and you may have to adapt to wearing a prosthetic limb which can be extremely stressful. Even having a thumb amputated means you lose your ability to grasp and grip things which could mean you are unable to carry out a job you used to do prior to being injured.

If you suffered a loss of limb at work in an accident that occurred through employer negligence, the best course of action is to contact a specialist lawyer who boasts extensive experience in handling this type of catastrophic accident at work claim.

How to Start Your Loss of Limb at Work Claim

Having suffered such a severe injury, it is important to focus on your health and well-being both physical and mental. However, as soon as you are able, you should seek legal advice from an experienced, specialist lawyer who would assess your case by offering a no obligation consultation which does not carry a fee. Once the lawyer is satisfied that your case against an employer is strong and that you are entitled to seek compensation from them by filing a loss of limb claim, the firm of solicitors would typically offer to represent you on a No Win No Fee basis, taking all the worry of how to pay for legal advice when you need it the most.

The initial consultation may have to be a face-to-face meeting or if your case is less complex, this could be carried out over the phone. Either way, there would be nothing to pay for the advice you receive from the lawyer you contact when thinking about filing a loss of limb at work claim against your employer.

You would need to provide as much evidence as you can both of the workplace accident, the extent of your injuries and the circumstances leading up to the incident. The solicitor who represents you on a No Win No Fee basis would also need to have the following:

The official report of the incident as recorded in the workplace Accident Report Book and RIDDOR
An official medical report detailing the extent of the injury you sustained in the workplace
Witness statements
Witness contact details
CCTV footage of the incident if available
Photos of where the incident occurred
Photos of your injuries prior to having received any treatment
Details of your employer’s liability insurance providers

The more evidence you can provide the solicitor, the better because it would strengthen your case against your employer.

The Process Of Filing a Loss of Limb at Work Claim

Once the lawyer has all the relevant information relating to your loss of limb claim and a No Win No Fee agreement has been signed between you and the firm of solicitors, your employer and their insurance providers would be contacted on your behalf. This is to inform them of your intentions to seek compensation for the injuries you sustained in the workplace accident. It is worth noting that “pre-action protocol” applies to all personal injury claims and this includes those that involve workplace injuries.

This procedure is set in place as a way of encouraging the “exchange of information” between both parties, namely the “claimant” and the “defendant”. The process is also designed to settle claims as quickly as possible and in many instances a case never goes before a judge with 95% of personal injury claims being “settled” out of court.

There is a strict time limit attached to the “pre-action protocol” and both the Defendant which in this instance would be your employer and you, the Claimant, must respond and acknowledge all written communication in a timely manner. Should an employer or their insurance providers fail to respond to any correspondence that is sent to them regarding your claim, the solicitor who represents you would advise on whether court proceedings should be issued.

Once a response is received from either your employer or their insurance providers and liability is “admitted”, the solicitor would then commence negotiating a fair and acceptable “settlement” which can only be achieved once all the medical evidence required detailing your injuries is finalised. The solicitor would consider showing your medical evidence to your employer’s insurance provider because this would give them an opportunity to offer you an acceptable settlement figure. It is essential that this be done, prior to issuing any court proceedings against your employer.

The medical report would provide essential information on the extent and the severity of the injury you sustained and the time it could take you to recover, or whether your injuries are such, that they are life-changing. This detailed report of your injuries provides both parties with an idea of how much you may be awarded for the damage you suffered in an accident at work that resulted in a loss of limb.

The solicitor would also put together a draft “schedule of special damages” which is a document that lists the financial losses and other out-of-pocket expenses you incurred as a result of the injuries you sustained. The document is also vital as the information it contains would be used as a basis for the loss of limb compensation you would be awarded. It is worth noting that your employer/their insurance provider, may at any time during the process of filing for compensation, offer to make a settlement.

Should your employer or their insurance providers deny liability for the injuries you sustained in the workplace, they are obliged to provide documented reasons which must support the decision they came to. The solicitor who represents you would then begin an investigation into these claims with an end goal being to prove that your employer is, indeed, liable for the injuries you sustained in a workplace accident that resulted in you suffering a loss of limb.

What Can I Include in a Loss of Limb at Work Claim?

Sustaining a traumatic, life-changing injury such as a loss of limb not only causes physical pain but the mental stress involved can be devastating too. You may not be able to work again which means that you lose the chance of bringing in a wage. Losing the possibility of working can itself be traumatic which is why having the experience of a solicitor work with you when filing a loss of limb claim, can make what is a stressful time much easier to cope with.

The solicitor would handle all the negotiations on your behalf and they would make sure you are awarded a fair and acceptable level of loss of limb compensation for the workplace injuries you sustained through no fault of your own. The lawyer would also advise you on how much you may be awarded which they would do as soon as possible.

As previously mentioned, personal injury compensation amounts are calculated in two parts, namely “general damages” which cover the injuries you sustained, and “special damages” which cover the financial losses you incurred having been injured in a workplace accident.

Special damages explained

Special damages are awarded to compensate you for any loss of earnings you incurred for the time you were unable to work, and should you not be able to work again this would be factored into the amount of special damages you receive in a final settlement. Should you have to undergo ongoing treatment and therapy which means a final settlement would take longer to reach, the solicitor representing you would negotiate interim payments on your behalf to alleviate any financial stress you may have to deal with
Your medical expenses are also factored into the special damages you receive and this includes all the treatments, therapies and rehabilitation you would need to undergo having suffered a loss of limb in a workplace accident
Care costs are also awarded in special damages and they cover the fact that you may require a level of care around the home
Adaptations to your home would also be factored into the special damages you are awarded
Travel costs and expenses would also be included in the amount of special damages you receive and this includes whether you travel by car, taxi, bus or train to receive necessary treatments, therapies and rehabilitation

General damages explained

General damages are awarded on the extent and severity of the injuries you sustained in a workplace accident that left you with a loss of limb. General damages cover the pain and suffering you had to endure

It is worth noting that all personal injury claims are treated as unique and as such, the amount of compensation that you could receive in a successful loss of limb at work claim could be more or less than someone else who suffered a similar may be awarded either by a court or in an out of court settlement.

How Much Compensation Could I Receive in an Loss of Limb Settlement?

When it comes to calculating how much you may be awarded in a successful loss of limb at work claim, the solicitor who represents you would assess the severity of the injury you sustained and the mental as well as emotional repercussions that losing a limb may have caused you. In short, the compensation you receive would be proportional to the severity of your injuries and how you are affected by the damage you sustained in a workplace accident.

As a rough guide to the amount you may be awarded for a loss of limb, please see below:

Amputation of one or both feet, you may be awarded between £96,150 and £176,660
Amputation of one or both legs, you may receive between £211,150 and £247,280
Amputation of one or more finger, you may be awarded between £14,930 and £16,420
Amputation of one or both hands, you could receive between £84,310 and £96,150
Amputation of one or both arms, you may be awarded between £120,270 and £263,060

Working With a Solicitor on a No Win No Fee Loss of Limb Claim

If you suffered a catastrophic injury in a workplace accident that resulted in a loss of limb, by contacting a lawyer who has vast experience in handling this type of case, you would find out whether the firm of solicitors would be prepared to represent you on a No Win No Fee basis. This is an arrangement by which you would not have to worry about how to pay for legal advice. The agreement is referred to as a Conditional Fee Agreement and if the outcome of your loss of limb at work claim is unsuccessful, you would not have to pay the “success fee” that is laid out in the CFA you signed.

The only time that you would have to pay for the legal representation the firm of solicitors provided on your loss of limb at work claim, is when you are awarded the compensation you sought. The amount is then deducted directly by the solicitor from the amount you receive in a final settlement.

It is essential that you provide all the information and evidence surrounding the workplace accident that resulted in a loss of limb to the solicitor because this is the only way that your case can be accurately assessed so that a No Win No Fee agreement can be set in place between the firm of solicitors and yourself. It is also noteworthy that the “success fee” that a No Win No Fee solicitor can request has a limit of 25% attached to it.

Informative Links

If you would like more information on the amount a No Win No Fee solicitor can request, the following link provides essential reading:

More about Conditional Fee Agreements and Success Fees

To find out more about reportable accidents at work, the following link to RIDDOR provides useful information on which incidents and injuries must be reported:

More about reportable accidents in the workplace

Can I Claim Compensation For The Loss of a Thumb Sustained at Work? – A Guide To Loss Of Thumb Claims Against Employer Calculate Amounts

If you sustained a serious thumb injury at work which resulted in the amputation of your thumb, you could be entitled to file for compensation against your employer, providing the incident happened in the last 3 years and because of the error of a work colleague or employer negligence. The loss of a thumb can seriously impact your ability to grasp and grip objects and as such it could mean you are unable to carry out the job you used to do prior to being injured. To find out more about how to claim compensation for the loss of a thumb at work, please read on.

What is My Employer’s Responsibility in the Workplace?

Employers must keep you and your work colleagues safe while they are carrying out their daily tasks and failure to do so which results in a workplace accident, could leave them open to being sued for any injuries that employees sustain. There are various laws in the UK and Health and Safety Executive regulations which employers and employees must abide by. This includes ensuring that you are provided with the correct type of personal protector equipment when carrying out a job that presents more in the way of risks than others.

Your employer is obliged to set in place all “reasonable” measures to keep you safe while you are carrying out your job. Other responsibilities that an employer must adhere to include the following:

For all employees/workers, whether permanent or temporary which includes contractors and agency workers, to be provided with adequate and ongoing training to ensure they are capable of doing a job
To ensure that all tools, any equipment and machinery that is regularly used in the workplace, is correctly maintained so it is in “good” working order and to ensure that it is regularly serviced as per the manufacturer’s guidelines
To replace any tools, machinery and equipment that cannot be repaired so they can be safely operated and used
To ensure that risk assessments are routinely carried out in the workplace with an end goal being to identify dangers and hazards before setting in place “reasonable” measures to reduce the risk of harm and injury to employees/workers
To ensure that all employees/workers are given a copy of working procedures which should be available at all times for referencing
To ensure that all personal protective equipment is correctly stored and readily available to employees when needed

As previously mentioned, should your employer fail to carry out any of the above and as a result you suffer a serious injury that results in your thumb being amputated, you would have the right to seek compensation from your employer, providing your claim meets specific criteria which is that the workplace accident occurred in the last 3 years and you were not responsible.

How Much Compensation Could I Receive in a Successful Loss of a Thumb Claim?

When it comes to the amount of compensation you may receive if your loss of thumb claim is upheld, it would depend on the severity of your injury as well as the complexity of your case. In short, in order to calculate how much you may receive, a solicitor would arrange for you to be examined by an independent medical professional who would write a detailed report on the injuries you sustained and how your future ability to work is negatively impacted. This medical report is crucial as it would be key to how much you may be awarded either by a judge or your employer’s insurers should they wish to settle your loss of thumb claim before it goes to court.

You would be awarded both “general damages” and “special damages” with the latter being that much easier to work out as they are based on “actual” expenses and costs you incurred because of the injury sustained at work. General damages are awarded on the pain and suffering you had to endure which means they are a little harder to calculate. As a rule of thumb, the more severe your injury is and how it impacts your overall health, well-being and ability work, the more in the way of general damages compensation you would be awarded in a successful loss of thumb claim against a negligent employer.

What are My Workers Rights Following an Accident at Work?

Some workplace accidents and injuries are “reportable” to the Health and Safety Executive because the law requires that specific injuries are reported to RIDDOR. With this said, all accidents and near misses in the workplace should be officially recorded in one form or another whether in an Accident Report Book or by some other means which could be in a personal email sent to an employer or in a letter sent recorded delivery to an employer.

Your rights are protected if you are involved in a workplace accident that leaves you injured, whether your injuries are slight or a lot more severe. This means you have the right to do the following:

Seek compensation from your employer should they be responsible for the injuries you sustained. It is worth noting that even if a work colleague caused the incident, your employer could still be held liable for your injuries
To know that your job and position within a business, is safe even if you file a personal injury claim for a workplace injury against an employer

If you are threatened in any way which includes an employer telling you that you would be made redundant or fired if you seek compensation from them, your employer would be committing an offence because it is illegal for them to act in this way towards you. As such, before doing anything else, you should seek legal advice from an employment solicitor who would offer crucial advice on whether you could file further legal action out against your employer.

Should I Sue My Employer for a Loss of Thumb?

As previously mentioned, your employer must keep you safe from injury while you are working for them and if they fail to do so, you have the right to seek compensation for the injury you sustain. Having to undergo a thumb amputation is a traumatic experience that can seriously impact your ability to grip and grasp anything. This type of traumatic injury can also affect you psychologically for which you would be entitled to receive compensation. Suing an employer for a loss of thumb at work would be perfectly reasonable providing they could be deemed liable for the accident occurring and the injury you sustained.

It is also worth noting that your employer must have liability insurance which must meet the legal required cover. The policy must also be issued by a recognised insurance provider. It is the insurer who would handle and deal with every aspect and stage of your loss of thumb claim which they would do through negotiation with a solicitor you choose to represent you with 95% of personal injury claims being settled before they go before a judge. In short, it would be your employer’s insurers who would pay the loss of thumb compensation you file for and not your employer.

Are There Any Benefits to Working With a Solicitor on a Loss of Thumb Claim?

Having been involved in a serious workplace accident that leaves you with the loss of a thumb, you may not be able to work for a considerable amount of time. It can take several months to recover from this type of injury and the psychological damage it can have on you would be substantial too. As such, it is important that you place your focus on making a full recovery following surgery to remove your injured thumb.

Having legal representation on your side at a time like this, helps you and your loved ones through a difficult time. A solicitor who specialises in accident at work claims of this nature would provide you with crucial legal advice on what evidence is needed to strengthen your case. Other benefits and advantages a solicitor would provide when representing you on a loss of thumb claim, would include the following:

Accident at work lawyers can access legal libraries to research case precedents
A solicitor can arrange for you to be examined by an independent consultant/specialist and the detailed medical report they provide would be essential when it comes to negotiating a fair and acceptable level of loss of thumb compensation
A solicitor would represent you on a No Win No Fee basis once they are satisfied that you have a strong claim against a negligent employer
A solicitor would handle your claim from the outset by contacting your employer and your employer’s liability insurance provider
A solicitor would arrange for you to receive specialist treatment, therapies and aftercare rehabilitation which can help speed up your loss of thumb recovery considerably
A solicitor would negotiate the correct level of compensation for the injuries you sustained

Is There a Time Limit to Making a Loss of Thumb at Work Claim Against My Employer?

There is a strict statutory time limit to filing a loss of thumb claim against your employer which is detailed below:

3 years from the date of your workplace injury
3 years from the day you turn 18 years of age should the workplace accident have happened before your 18^th birthday

Waiting for too long to make a loss of thumb claim could result in you missing out on receiving compensation for the injury you sustained. This is true even if you have all the proof needed to uphold your claim. As such, it is better to seek legal advice from a solicitor who specialises in amputation claims sooner rather than later.

Can My Employer Fire Me For Filing a Loss of Thumb Claim Against Them?

Worker’s rights are protected in the United Kingdom and this includes when they suffer any injury or harm in the workplace. An employer cannot fire you because you seek compensation for injuries you sustained while in their employment. Should you be threatened with the “sack” for filing an accident at work claim against your employer, you should contact a solicitor who specialises in employment law. The reason being that your employer would be breaking the law if they tell you would lose your job if you seek compensation for an injury you sustained in the workplace.

Would a Solicitor Work on a No Win No Fee Basis on My Loss of Thumb Claim Against My Employer?

A lawyer who specialises in accident at work claims would need to thoroughly assess your case before agreeing to represent you on a No Win No Fee basis. However, once the firm of solicitors is satisfied that your claim is valid and that your employer could be deemed liable for the serious injury you sustained, you would be asked to sign a legal contract which is known as a Conditional Fee Agreement also referred to as a No Win No Fee agreement. This contract between you and the firm of solicitors sets out all the conditions and the “success fee” that would be payable on a successful loss of thumb claim.

You would need to provide a No Win No Fee lawyer with all the evidence relating to the workplace accident that resulted in you having a thumb amputated. This includes official records of the incident, initial medical reports, witness statements together with their contact details, the name of your employer’s liability insurers and photos of where the accident occurred together with photos of your injury prior to receiving any treatment if possible. The more evidence you can provide, the stronger your claim against an employer would be.

A solicitor would then communicate with your employer’s insurance provider who must abide by the time limits to respond to the letter they are sent informing them of your intentions to file an accident at work claim. If your employer admits liability, the solicitor would then begin negotiating a settlement with the insurance provider having initially respected the “pre-action protocols” that apply to all personal injury claims.

If the insurance provider fails to respond to any communication in a timely manner, your solicitor may begin court proceedings. If your employer disputes liability, it may be necessary for your case to go to court and be heard by a judge. However, your solicitor would first investigate your employer’s claims with an end goal being to get them to admit liability for the workplace injury you sustained thus preventing the need to go to court.

The percentage that would be payable on a successful loss of thumb claim has a cap which is set at 25% of the amount you may be awarded whether by a judge or by your employer’s insurance provider should they wish to offer you an out of court settlement. The amount you pay for the legal representation you received, is deducted from the amount of loss of thumb compensation you are awarded which means you do not have to find the money to pay the “success fee” that would be due on a successful loss of thumb claim against your employer.

Informative Links

If you would like to know more about your employer’s responsibilities towards you in the workplace, the following link takes you to the Health and Safety Executive website where you will find a lot of useful information on the topic:

More about an employer’s legal responsibilities in the workplace

To find out more about rehabilitation following an amputation, the following link takes you to the NHS website where you will find a lot of helpful information on this type of surgery:

More about amputation