If you injured a thumb at work that left you unable to work because you could not grip anything, you could be entitled to claim compensation from your employer. There are specific criteria that must be met when it comes to filing an accident at work claim which includes providing enough evidence that you injured a thumb in the workplace through no fault of your own. To find out more about claiming compensation for an injured thumb at work, please read on.
Do I Have a Valid Injured Thumb at Work Claim Against my Employer?
As previously mentioned, for your injured thumb at work claim to be valid, you would need to show that you were involved in an accident at work and that you sustained your injuries in the last three years. You would also need to provide evidence that the incident that left you injured happened due to the error of a workmate or through employer negligence.
You would have to gather as much proof as you can which a solicitor would need to establish liability for the injuries you sustained to your thumb. This would include the following:
- A record of the incident as detailed in the accident report book or other official record of the accident and the injuries you sustained. This could be in the form of an email sent from your personal account or a letter sent recorded mail to your employer
- A record of the accident as detailed to RIDDOR if the accident was “reportable” by law
- Witness statements
- Witness contact details
- CCTV footage (if available) or photographs of where the accident at work occurred
- Photographs of your injuries – these should be prior to any treatment given
- An official medical report detailing the extent of the injuries you sustained
All of the above would be required to establish that you have a valid accident at work claim against your employer. The more evidence you can provide detailing the incident that left you with an injured thumb, the stronger your case would be and the more chance you would have of being awarded the sort of compensation you deserve.
What Type of Thumb Injuries Can I Claim For?
You can injure your thumb at work in many different ways and the type of damage can range from a minor injury to something a lot more severe. Some of the different injuries to a work could include the following:
- Ligament and tendon damage which could negatively impact the use of your thumb due to not being able to grip things
- Dislocation
- Fractures and breaks
- Amputation of your thumb due to extremely severe damage to a crushed bone
If you sustained an injured thumb in the workplace and you are unable to work for a short time or much longer, you should contact a lawyer who would provide you with valuable advice on whether your employer could be held responsible for the injuries you sustained.
What Are the Most Common Causes of Thumb Injuries at Work?
The most common cause of a thumb injury in the workplace, is due to accidents involving equipment, tools and machinery where hands and thumbs are crushed.
What are the Consequences of Sustaining an Thumb Injury at Work?
If you suffer an injury to your thumb at work, it could result in you not being able to grip anything even if you have only damaged the ligaments and tendons. You rely on your thumb because it is essential to the way your hand functions. Without the use of your thumb, you would unable to operate machinery, handle tools and pick up items when you need to. It could mean you are off work for days, weeks or much longer if your injury was so severe, your thumb needed to be amputated.
What Sort of Compensation Could I Receive for an Injured Thumb at Work?
If you injured your thumb at work, you should discuss your claim with a solicitor who, once satisfied you have a strong case would arrange for you to be examined by a specialist who would provide a detailed report of the extent of your injuries. This report would be used as a basis for the amount of compensation you could be awarded for the injuries you sustained in an accident at work. However, on top of the amount you would be awarded for your “actual” injuries, you would be awarded “special damages” too. These are calculated on the expenses and costs you incurred as a direct result of the thumb injury you sustained.
As a rough guide, the amount you may receive in a successful thumb injury at work claim could be as follows:
- Total loss of your thumb due to a workplace accident, you may receive anything from £31,140 to £48,080
- Extremely severe thumb injuries where your thumb has been severed and then grafted back in place resulting in loss of use or where your thumb is amputated at the interphalangeal joint, you could be awarded anything from £17,190 to £30,700
- Serious injury to your thumb where the tip has been amputated, you may receive anything from £11,040 to £14,690
- Moderate thumb injury where tendon and nerve damage occurs, you may be awarded anything from £8,470 to £11,040
- Severe dislocation to your thumb, you may receive anything from £3,460 to £5,950
- Minor injury to your thumb, you may be awarded anything up to £3,460
It is worth noting that your accident at work claim would be treated as “unique” and that the amount you receive in a successful claim may be more or less than the amounts provided above. It is also noteworthy that the majority (95%) of all personal injury claims are settled out of court and never go before a judge.
What Can I Include in My Injured Thumb at Work Claim?
As with all personal injury claims, an accident at work claim that involves an injury to your thumb would be calculated in two parts. The first being “general damages” which covers the injuries you sustained and how your life and ability to work has been impacted. The second part being “special damages” which are calculated on the “actual” expenses and other costs you had to pay out as a direct result of the injuries you sustained in a workplace accident.
When it comes to special damages, it is essential that you keep all your receipts which includes travel and medical expenses as these would be required to prove that you had to pay out the expenses due to having suffered an injured thumb at work.
What Are My Employer’s Responsibilities in the Workplace?
Your employer has many responsibilities that must be met when it comes to employees in the workplace. There are numerous laws and legislation in place to protect you when you are at work. These include regulations that are set out by the Health and Safety Executive and other Government employment laws which includes the following:
- Employers must provide adequate and ongoing training to all their staff
- To ensure that detailed working practices are made available to all employees and other staff
- Equipment, machinery and tools must be correctly maintained and services as per the manufacturer’s guidelines
- To carry out frequent risk assessments of the workplace with an end goal being to identify all potential hazards and to set in place necessary measures so that employees and other people who visit a workplace, are less likely to be injured or harmed
- That adequate personal protection equipment is available and that the equipment is correctly stored and maintained
Should I Sue My Employer for a Thumb Injury Sustained at Work?
Providing you can provide evidence that you sustained an injured thumb in the workplace and that you were not at fault for the incident which happened in the last three years, you have the right to seek compensation for your pain and suffering. Having suffered an injury to your thumb whether it is minor damage or something a lot more serious, you could find that you are unable to work for several weeks. If your thumb injury is extremely severe, you may not be able to carry out the work you used to do and as such, you could be put under a lot of financial pressure. This in turn, can lead to anxiety and depression.
Seeking compensation is your right and it could make life a lot easier both financially and psychologically more especially if a solicitor agrees to work with you having entered into a No Win No Fee agreement. It is also noteworthy that your employer must by law have liability insurance and the policy should be clearly displayed in the workplace.
This liability insurance covers all aspects of accidents in the workplace as well as any work-related medical claims that employees may file against an employer. The policy must meet the legally required cover of £5 million and a recognised insurance provider must have issued the policy.
What are My Workers Rights Following an Accident at Work?
All employee’s rights are extremely protected in the UK which also includes your rights should you have been injured in an accident at work. These rights are detailed as follows:
- That you can file for compensation following an accident at work
- That your position in the workplace is safe even when you file an accident at work claim
If your employer objects to you seeking compensation and filing a claim for the injury you sustained to your thumb, you should discuss your situation with an accident at work lawyer who also specialises in employment law because you could find that your employer is in breach of the law.
Are There Any Benefits to Working With a Solicitor on an Injured Thumb at Work Claim?
Working with an accident at work lawyer when filing an injured thumb at work claim against your employer, offers you many advantages and benefits. These include the following:
- You would be offered a free, initial consultation during which a solicitor would be able to determine whether you have a valid claim against your employer
- An accident at work lawyer has access to legal libraries which means they can refer to past cases when representing you on an injured thumb at work claim
- A solicitor would work on your case on a No Win No Fee basis if they feel you have a strong claim against your employer
- You would only have to pay the “success fee” for the legal representation you received if your case is upheld by a judge or your employer’s insurance providers choose to pay the compensation before your claim gets to court
- A solicitor would arrange for your thumb injury to be examined by a specialist or consultant and the report would be used when calculating the amount of compensation you would receive
- A solicitor would ensure you receive a fair amount of compensation if the insurer offers to settle your thumb injury claim out of court
Is There a Time Limit to Filing an Injured Thumb at Work Claim Against an Employer?
There is a 3 year time limit to filing an injured thumb at work claim against your employer and failure to abide to this statutory time limit, could mean you are unable to seek compensation for the pain and suffering you endured through no fault of your own. The time limit associated with all personal injury claims including those that are work-related is detailed below:
- 3 years from the date of your accident at work
- 3 years from the date of your 18th birthday if the accident at work that left you injured occurred before you were 18 years of age
- 3 years from the date you were diagnosed as suffering from a health issue that can be directly linked to the workplace injury you sustained
It is far better to start a thumb injury at work claim against an employer sooner rather than later especially if your case is disputed. It can take time to gather all the information that is needed to prove that your employer was in breach of their duty to keep you safe in the workplace and insurance providers are known to be slow to respond to correspondence they receive.
Can My Employer Fire Me For Filing An Injured Thumb at Work Claim?
You cannot be fired by your employer because you file an accident at work claim against them. If your employer threatens you with redundancy or tells you that you would lose your job because you seek compensation for a thumb injury sustained at work, you must seek legal advice before doing anything which includes resigning from your job. Your employer would be breaking the law if they threaten you in any way for seeking compensation and as such, you may be able to take out further legal action out against them.
Would a Solicitor Work on a No Win No Fee Basis on My Injured Thumb at Work Claim?
No Fee No Win agreements were introduced with an end goal being to allow people who sustain injuries whether at work or elsewhere, the opportunity to seek compensation from a negligent third party. When it comes to accidents at work, a lawyer would first satisfy themselves that you have a strong case against your employer which they would do during an initial consultation for which you would not be charged.
When a lawyer has determined that you sustained an injury to your thumb through no fault of your own, whether the damage is minor or more severe, they would agree to represent you by entering into a No Win No Fee agreement or Conditional Fee Agreement (CFA).
The solicitor would need to provide evidence of employer negligence whether they were in breach of their duty to keep you safe from harm at work or because the accident that left you with a thumb injury was caused by a workmate. This means providing the solicitor with as much evidence as possible.
The amount you would have to pay a No Win No Fee solicitor is only payable on a successful claim and the amount is taken out of the money you are awarded. If you lose your case, there would be nothing to pay for the legal representation you received on your thumb injury at work claim.
Informative Links
To find out more about rehabilitation following a serious thumb injury, the following link takes you to the NHS website where you will find a lot of useful information:
Treatment for serious thumb injuries
To find out more about your worker’s rights following an accident at work, the following link takes you to the Gov.uk website where you will find essential reading on the topic:
More about your worker’s rights