If you sustained a broken finger in an accident at work, you may find that your injuries prevent you from working for a period of time. Fractured and broken fingers are extremely painful and this type of injury can take a long time to heal which can put you under financial stress and pressure. To find out more about how to file a broken finger claim against your employer so you receive the compensation you deserve for the suffering, pain and out of pocket expenses you incurred through no fault of your own, please read on.

Who Is Responsible for My Broken Finger at Work Injury?

As an employee, you are protected by law and you have many “rights” following an accident in the workplace. As such, if you suffer a broken finger and you have enough evidence to prove that your injuries could have been avoided, an accident at work solicitor would thoroughly investigate your claim to establish employer negligence.

However, if the accident at work you were involved in was caused by a work colleague, you could still hold your employer responsible, because by law, employers are deemed liable for the actions of all their staff. Even if you believe you caused the accident, you should still seek legal advice which you can do by contacting a lawyer who specialises in accident at work claims who would establish whether your employer could be held partly responsible.

It is worth noting that a “simple” accident at work is far different from a workplace accident that occurs as a direct result of negligence on the part of a third party, whether it is your employer or a work colleague. As such, the best course of action following a workplace incident that leaves you with a broken finger, is to seek legal advice from a lawyer who specialises in both accident at work claims and employment law.

What Are My Employer’s Responsibilities in the Workplace?

There are laws to protect workers in the UK, all of which your employer has to abide by while you are in their employment. If you are injured or you develop a work-related health problem because an employer did not adhere to Health and Safety Executive regulations and other laws, you would have the right to seek legal advice and to file an accident at work claim.

Employers must ensure the following:

• That all employees and other staff whether temporary, agency workers or contractors are given appropriate training
• That all equipment and machinery used in the workplace is correctly maintained and replaced when necessary to reduce the risk of injury to employees
• To regularly carry out risk assessments and to identify any dangers and hazards in the workplace before setting in place measures to reduce the risk of harm and injury to staff
• To provide adequate and detailed working procedures and practices which must be made available to all employees
• To ensure that correct personal protection equipment is provided to employees when necessary and that the PPE is correctly maintained

What Are the Consequences of a Broken Finger in an Accident at Work?

There are a number of ways you can injure and break a finger in the workplace, bearing in mind that even a minor fracture can limit your ability to work for a period of time. Any breaks or fractures to your fingers are painful and the recovery time can be substantial which in short, means you may be off work for some time. A very severely fractured or broken finger may result in having the affected digit amputated which can not only affect you physically, but it can affect you psychologically too.

How Much Compensation Would I Receive for a Broken Finger Accident at Work?

As previously mentioned even a minor hairline fracture to a finger can be extremely painful and debilitating which results in you not being able to work for several days and even weeks depending on which finger has been negatively impacted and how your broken finger recovery progresses. With this said, you could be awarded up to £3,750 for a minor fracture to a finger suffered in an accident at work. Other compensation amounts for more serious broken finger injuries are listed below:

• Fracture to an index finger which negatively impacts your ability to grip anything and which could lead to you suffering from arthritis further down the line, you could be compensated anything from £7,270 to £9,760 in a successful broken finger claim
• A fracture to a finger that leads to tendon damage and deformity which makes it hard to grasp and grip anything, you could be awarded anything from £11,890 to £13,020 in a successful broken finger claim
• Should your broken finger be so severe, amputation is necessary, you could be awarded anything from £6,890 to £17,380 depending on which finger was amputated
• Should the fracture be extremely severe with several fingers being broken in an accident at work, you could receive anything up to £29,290+ in a successful claim against a negligent employer

The compensation amounts provided above are given as a rough guide as to how much you may be awarded in a successful broken finger claim, bearing in mind that all work-related claims are treated as unique.

How to Start Your Accident at Work Broken Finger Claim

In order to start a broken finger claim against an employer, you would need to gather as much evidence as possible showing that you sustained your injuries through no fault of your own, but rather due to employer negligence or due to the error on the part of a work colleague. Other proof that you would need to provide for your accident at work claim to be upheld includes the following:

• Photos of your broken finger that should be taken before you received any treatment
• Photos of where the accident at work occurred
• Records of training schedules you undertook or lack of them
• Details of any personal protective equipment you were given or lack of them
• Records of risk assessments that were carried out in the workplace by your employer or lack of them
• A record of the incident that was reported in the Accident Report Book or other relevant means of recording the incident officially to the person in charge/employer
• Witness statements and their contact details
• A medical report of your injuries which must be provided by a medical professional and which should be as detailed as possible to include even minor symptoms
• A record of the treatment you received
• A record of the report sent to RIDDOR if your injuries are reportable

You should also contact an accident at work lawyer who would then assess your case either over the phone or in a face-to-face meeting, depending on the complexity of your accident at work claim. A solicitor would provide a no obligation consultation to determine whether your claim is strong enough to accept on a No Win No Fee Basis and the first meeting or phone conversation you have with the solicitor is typically free of charge.

What Can Be Included in a Broken Finger at Work Claim?

When you are involved in an accident at work and you suffer a broken finger, there are specific things that you can include in your claim which are referred to as “general damages” and “special damages”. It is much easier to calculate how much compensation you may be awarded when it comes to special damages as these are based on “actual” expenses and other out of pocket costs you incurred as a direct result of having broken a finger in an accident at work.

General damages on the other hand, are more complicate when it comes to determining how much you may be awarded in a successful accident at work claim. The reason being that they are based on the complexity and severity of your broken finger injury and how much your ability to work and your life are impacted by the damage sustained in a workplace accident.

It is also worth noting that n one accident at work claim is ever the same when it comes to the amount that is awarded. As such, your claim would be treated as unique.

Should I Sue My Employer For a Broken Finger at Work?

If you were involved in an accident in the workplace that left you with a broken finger, whether the injury was minor or a lot more severe, you have the right to seek compensation for the pain, suffering and any out of pocket expenses and costs you incurred, providing you can meet specific criteria. This is that you are not at fault for the accident occurring and that the incident occurred in the last 3 years.

Having suffered a broken finger at work could mean you are unable to work which could be as long as a few weeks. You may find that your injury was so severe that you had the affected finger amputated which then negatively impacts your ability to carry out the job you used to do. Seeking compensation for not only the physical damage you sustained but also for the psychological damage you had to cope with, is perfectly normal and you should not feel any guilt when filing an accident at work claim against your employer.

Employers are legally bound to take out liability insurance which must cover them for accident at work claims against them whether it is an employee who seeks compensation or a visitor to the workplace who sustained a broken finger through no fault of their own. It is the insurance provider who deals with your broken finger claim and it is the insurer who would settle your case by paying out the compensation your rightly deserve whether the case goes before a judge in court, or it is decided to settle your claim without having to go before a judge which is best negotiated by a lawyer who specialises in accident at work claims.

What are My Workers Rights Following an Accident at Work That Left Me with a Broken Finger?

All employee’s rights are protected when it comes to being involved in an accident at work that leaves them with some kind of injury or work-related health issue. Should you have sustained a broken finger in the workplace, you have the right by law to do the following:

• To seek a level of compensation without the fear of losing your job

If you find that your employer objects to you filing a claim against them or they make your working life hard, you should seek legal advice from a solicitor who specialises in employment law because you may find that you are entitled to file a detriment claim against your boss too.

What Benefit Does Working With a Solicitor on a Broken Finger Claim Offer Me?

When it comes to filing an accident at work claim against an employer, this is best handled by a solicitor who has vast experience in dealing with insurance providers and employers who may dispute a claim. Work-related personal injury claims can be complicated legal procedures that are best handled by lawyers who have access to legal libraries which allows them to base your claim on precedents. A solicitor would ensure that all the relevant information pertaining to the accident at work that left you with a broken finger is sent in a timely manner to your employer’s insurance providers. This alone, can help speed up the process bearing in mind that insurers can be slow to respond to correspondence they receive.

Another great benefit to having a solicitor represent you when filing an accident at work claim against a negligent employer, is that they would be able to negotiate the right level of broken finger compensation for you whether your case goes to court or the insurer chooses to offer you an out of court settlement.

Should your injuries be such that you require specialist treatment and aftercare, a solicitor would ensure you receive the best on offer in your area which can help speed up your broken finger recovery time and get you back to how you were before you were involved in an accident at work. The type of therapy that could be arranged includes specialist physiotherapy and osteopathy to name but two treatments that you could receive when working with a solicitor on an accident at work claim.

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

The time limit is set at 3 years for all personal injury claims. If you sustained a broken finger at work, the time limit you have to file an accident at work claim against your employer is detailed below:

• 3 years from the date you were involved in an accident at work that left you with a broken finger
• 3 years from the date of your 18^th birthday should you have been injured in an accident at work prior to the date of turning 18 years of age

Could I Lose My Job For Filing a Broken Finger Claim Against my Employer?

You should not be worried about losing your job because you decide to file an accident at work claim against your employer. By law, your boss cannot prevent you from seeking compensation from them providing you can prove your injuries were sustained through no fault of your own, but rather through employer negligence.

If your employer makes your life difficult or threatens you with dismissal because you are seeking compensation from them, you should contact a lawyer with experience in employment law because you could be entitled to file a detriment claim against your boss as well as an accident at work claim. With this said, you should never resign because an employer is treating you unfairly before speaking to a solicitor who would provide essential legal advice on what you should do.

Would a Solicitor Work on a No Win No Fee Basis on My Broken Finger at Work Claim?

As previously mentioned, a solicitor would offer to represent you on a No Win No Fee basis once they have determined that your claim is valid and that your employer was negligent in their duty to keep you safe whilst you were in their employment. A solicitor would have assessed your accident at work claim during the no obligation, initial consultation they provided whether this was over the phone or in a face to face meeting.

You would sign what is known as a Conditional Fee Agreement with the solicitor which is a binding legal contract that lays out the Terms and Conditions of the agreement and the amount you would have to pay the solicitor but only on a successful broken finger claim. This is known as a “success fee” and it is a percentage of the amount you are awarded either by a judge or in an out of court settlement. The percentage would be deducted from the compensation you receive. In short, when entering into a CFA with a solicitor, you would not have to pay an upfront fee or find the money to pay the “success fee” when your broken finger claim is upheld.

According to a report published by the Health and Safety Executive, more than one million employees and other people suffer injuries or develop work-related medical conditions in the workplace. Should you be involved in an accident at work and you suffer any sort of injury or you develop a medical condition that can be linked to the job you do, you have every right to seek compensation from an employer providing your claim meets specific criteria.

By law, your job cannot be put at risk because you seek compensation and the fact the you file an accident at work claim against an employer, cannot put future job prospects in jeopardy. To find out more, please read on.

Who Could Be Held Liable For My Accident at Work?

As previously mentioned, your case would have to meet certain criteria for a solicitor to take it on. One stipulation is that the accident and the injuries you sustained happened through the negligence of a third party, whether the incident occurred due to an error on the part of a work colleague or because your employer failed in their duty to keep you safe from harm while you were in their employment.

Your employer cannot legally fire you from your job just because you were injured in an accident at work which led to you filing for compensation. Your boss must have another reason for sacking you and must show that the decision was made for “good reason” and not because you file an accident at work claim against them.

With this said, if you sustained your injuries because you did not follow the health and safety regulations that an employer had in place, you could be held liable for the accident and as such, you may not be able to seek compensation because your case would not be upheld. However, it is always worth seeking legal advice from an experienced, reputable accident at work lawyer who would determine whether you are totally responsible for the injuries you sustained or whether your employer or work colleague could be held partly liable.

Am I Entitled To Compensation Following an Accident at Work?

Your employer must keep you safe from harm and injury while you are in their employment which is a legal requirement that all employers must abide by. Should your employer be in breach of their legal duty, and you sustain any sort of injury while you are at work carrying out your normal daily duties, then you have every right to seek compensation not only for your injuries, pain and suffering but also for all the out of pocket expenses you had to cope with.

Whether your injuries are minor or more severe, the best course of action following an accident at work is to make sure you follow the correct accident report procedure as laid out by your employer. Following this, you should seek legal advice from an accident at work lawyer who would advise you on how best to proceed with your claim.

Can I Lose My Job For Filing an Accident at Work Claim Against My Employer?

You should not be worried about losing your job because you choose to file an accident at work claim against your employer. As previously mentioned, your job is safe even if you seek compensation for the injuries you sustained. An employer cannot legally fire you for filing a claim providing you have met the criteria required to do so, which is that the incident occurred in the last 3 years and the accident happened through no fault of your own.

The ramifications of firing you for seeking compensation are such, that an employer may also find that you have every right to file an unfair dismissal against them as well. Under UK law, you have a statutory right to file an unfair dismissal claim against your employer should they decide to fire you for no other “good and valid reason” other than the fact you are seeking compensation for injuries you sustained in an accident at work.

Would My Accident at Work Claim Be Successful?

Whether an accident at work claim is successful or not, would depend on how much evidence you can provide showing that you sustained the injuries through not fault of your own but rather through the error of a work colleague or through employer negligence. The more proof you can gather, the better your chances are of being awarded a level of compensation that suits not only the injuries both physical and psychological as well as the out of pocket expenses you incurred. The evidence you can provide would be taken into account when establishing whether your claim against an employer is valid and would be factored into the compensation you are awarded either by a judge or in an out of court settlement.

What About My Future Employment Prospects?

If you are worried that filing an accident at work claim against your employer may adversely affect your future employment prospects, the law states that a potential employer cannot ask you whether you have ever filed for compensation against a past employer because it could be deemed as being “discriminatory”. As such, you should not have any fears in this regard.

Will My Accident at Work Claim Leave My Employer Out of Pocket?

Your employer must by law, have liability insurance in place which covers not only accident at work claims, but work-related health claims too. The policy should also provide cover for workplace accidents caused by your work colleagues. As such, it is your employer’s insurance providers who handle all personal injury claims and it is the insurance that pays out the compensation you are awarded in a successful case. Should an employer fail to have valid liability insurance in place, they could be given a hefty fine from the enforcing authority which can be £2,500 a day.

What is Employer Public Liability Insurance?

Public liability insurance covers your employer for all eventualities when it comes to all valid injury and health issue claims that are filed against them by employees and other people who visit a place of work. The insurance policy should be such that it covers members of the public who are involved in an accident at work that results in injury or harm. The insurance should also cover all accidents that result injury caused to others that are the fault of a work colleague. As such, when you receive compensation for injuries you sustained, it is the public liability insurance providers who negotiate a payment which should be handled by an experienced accident at work lawyer.

What Happens if My Employer Does Not Have Public Liability Insurance?

If your employer does not have valid liability insurance in place, the enforcing authority could fine them. All employers in the UK must have Liability (EL) insurance and the policy has to provide cover of at least £5 million. The insurance provider must also be “authorised”. The only time an employer would not be legally required to have EL is when they employ family members or someone based abroad.

An employer can be fined up to £2,500 a day for not having the correct liability insurance in place and could even receive a £1,000 for not displaying an EL certificate correctly or refusing to show it when requested.

Is It Worth Filing an Accident at Work Claim Against My Employer?

If you suffered at accident at work and had to take time off to recovery from your injuries, you have every right to seek compensation from your employer. All employers must by law keep staff safe in the workplace and must follow all Health and Safety Executive regulations and other laws. If your employer does not abide by the legislation, and you suffer an injury, your rights are protected when it comes to seeking compensation for an accident at work.

As long as you have proof that the incident was not your fault, you can file an accident at work claim and receive compensation without the fear of being treating unfairly or detrimentally. Should you be treated unfairly or detrimentally by an employer, you should discuss the case with an employment lawyer who would provide crucial advice on whether this would entitle you to file a detrimental claim against your employer too.

The compensation you are awarded in a successful accident at work claim would help pay for any services or goods that you may need which includes things like care costs and any alterations to your home should they be necessary. An employment law solicitor would negotiate the amount you receive, bearing in mind that around 95% of all personal injury claims are settled out of court.

Working with a Solicitor on a No Win No Fee Basis

An employment law solicitor would take on your case once they have satisfied themselves that you have a strong claim against a negligent or unscrupulous employer should it found that they treated you unfairly. A solicitor would assess your claim by providing an initial, no obligation consultation which is typically free of charge. The consultation can be carried out over the phone, but should your case be more complex, a solicitor would arrange to meet with you face to face. Either way, there would be no charge for the meeting.

While assessing your claim, a solicitor who works with you on a No Win No Fee basis, would ask how the accident occurred and would take into account the details provided in any medical reports you initially received from a doctor or other medical professional. It is important to have as much proof that the accident occurred at work by providing as much hard evidence as possible.

If needed, the solicitor would arrange for you to be examined by a specialist whose report would be invaluable when calculating the amount of compensation you may be awarded either by a judge or your employer’s insurance providers. All of this information is essential because it would be used to establish if your employer was liable for the injuries you sustained n an accident at work while in their employment.