Have you been involved in an accident at work in which you’ve broken your thumb? Was your accident caused by employer negligence? Are you wondering how you can sue for a broken thumb? If so, we are here to help you.
We use our hands every day to carry out essential tasks. And when you’ve suffered an injury to your thumb which limits how much you can use it, it can have a real impact on your quality of life and what you are able to do. Not only might a broken thumb mean you aren’t able to go to work, but it may also mean that you’re not able to socialise in the way you usually do.
Healing from a broken thumb can be frustrating at the best of times. And when you recognise that your injury was caused by the negligence of someone who had a responsibility to ensure your safety, it can make the recovery process that much more difficult. By reading our guide, you can find out more about how to claim compensation for an injury caused by a breach of duty of care.
If you still have any questions after finishing this guide, call us on 0800 408 7827. Our advisors can offer you free legal advice and value your compensation claim. If your claim has a good chance of success, they may be able to connect you with one of our panel of lawyers who can help you claim.
About Broken Thumb Injuries
- A Guide To Claiming For A Fractured Or Broken Thumb At Work
- What Is A Fractured Or Broken Thumb At Work?
- Causes Of Broken Thumb Injuries In The Workplace
- Calculating Compensation For A Broken Thumb Injury At Work
- What Do Special Damages Compensate You For?
- Case Study – £26,500 Compensation For A Broken Thumb In The Workplace
- No Win No Fee Claims For A Broken Thumb Injury At Work
- Do Solicitors Give Free Legal Advice?
- Discuss You Claim With Us
- Where To Learn More
- Frequently Asked Questions About Workplace Accident Claims
A Guide To Claiming For A Fractured Or Broken Thumb At Work
If you’ve been injured because of your employer’s negligence in the workplace, we understand how frustrating this can be. In this guide, we will look at how you can sue for a broken thumb.
This guide will begin by looking at the symptoms of a broken thumb and how an injury of this nature can be treated. In addition, we’ll look at how an injury of this kind might impact your quality of life.
You may be wondering what responsibility your employer has towards your health and safety while you’re in the workplace. If so, our section on the duty of care owed to you by your employer may be of use to you. We will also look at what kinds of accidents in the workplace might result in a broken or fractured thumb.
Our case study will illustrate the process of someone claiming compensation for a fractured thumb that was caused by employer negligence. It aims to show how compensation claims against your employer can be assessed and valued.
Finally, our guide will look at No Win No Fee agreements and how they can help you when seeking legal representation. To summarise, we will provide you with some resources that you may find useful and answer some commonly asked questions about how to sue for a broken thumb.
For more information on how you can sue for a broken thumb, please continue reading.
Non-Fatal Injuries In The Workplace
Accidents of all severities, including fatal and non-fatal, occur in workplaces in Britain every year. As of 2019/20, there were a total of 111 fatalities reported to RIDDOR.
In comparison, RIDDOR reported 65,427 non-fatal injuries in the same time period. The most common accident kind was slips, trips or a fall on the same level, which made up 29% of the accidents. This was followed by accidents that occurred while handling, lifting or carrying objects; these made up around 19% of accidents.
Accidents at work can cause injuries such as broken bones. This is highlighted in the 18,535 fractures reported to RIDDOR in 2019/20.
The graph below uses figures recorded by RIDDOR, showing upper limb injuries sustained in workplace accidents, including thumb injuries. The information in this graph doesn’t specifically relate to fractures or employer negligence. However, we can infer that there are some instances included in these statistics where an employees thumb was fractured due to employer negligence.
For more information on an employer’s responsibilities regarding health and safety, see our section on an employer’s duty of care below. Or if you’d like to start your claim today, why not give our team a call?
What Is A Fractured Or Broken Thumb At Work?
If you experience symptoms of a broken thumb after an accident, the NHS recommends seeking medical advice as soon as possible to prevent complications. Symptoms can include:
- Pain
- Swelling
- Bruising
- Stiffness or difficulty moving
- A cut showing bone or bone poking through the skin
A doctor will diagnose your broken thumb by giving you an x-ray. Once the nature of your injury has been determined, the doctor might:
- Straighten your thumb- you may be given painkillers to ease your pain while they do this
- Put it in a splint or cast- this will ensure that the bones remain in place as they heal
- Provide antibiotics to prevent infection- this will be done if there’s been a cut or break to the skin which may become infected
Recovery for a broken thumb can be anywhere between 2-8 weeks to heal. However, pain and stiffness can persist for a few months after. In some cases, you may never recover the full range of motion you had before the accident took place.
You should always follow your doctor’s advice as to when you’ll be able to resume your usual activities. They may be able to give you some gentle hand exercises to help regain the range of motion in your thumb as it heals. As mentioned previously, these guidelines are recommended by the NHS. For more information about a broken thumb, or any other medical advice, visit their website. Alternatively, read on to find out more about the duty of care owed to you by your employer.
What Duty Of Care Does My Employer Owe Me?
An employer’s duty of care is outlined in the Health and Safety at Work etc. Act 1974 (HASAWA). According to the HASAWA, an employer is required to undertake all reasonably practicable steps to look after your physical and mental wellbeing. They should do this by:
- Undertaking regular risk assessments where risks to health and safety can be identified and removed or mitigated.
- Providing thorough and up-to-date training on all roles to be undertaken.
- Supplying workers with any Personal Protective Equipment (PPE) that is necessary to carry out their roles safely.
- Maintaining good housekeeping, for example making sure that walkways are clear and free of obstructions
- Regularly cleaning and maintaining all machinery used
If an employer fails to adhere to these guidelines, an accident might occur. If an accident caused by negligence results in injury to an employee, this could be grounds for a claim.
How An Employer Could Breach This Duty Of Care?
There are many ways an employer could neglect their duty of care to you, resulting in you being injured. Some examples include:
- Failing to repair or maintain machinery, which then malfunctions, injuring the person using it.
- Storing equipment, such as boxes and wires, improperly, causing trips, slips and falls
- Having poor lighting over walkways, making hazards difficult to see
- Not providing proper training to employees, resulting in someone undertaking a task incorrectly and being injured as a result.
If you’ve suffered from a thumb fracture as a result of employer negligence, you could be eligible to sue for a broken thumb. Call us for more information on the number above or continue reading.
Causes Of Broken Thumb Injuries In The Workplace
As mentioned previously, there isn’t one cause of broken thumb injuries at work. Fractured thumbs can be sustained in a number of ways that may be related to employer negligence.
For instance, you may be involved in a slip or fall at work because there were wires left trailing across a walkway that you were using. On instinct, you might put your hand out to absorb some of the impact of your fall. If you were to land awkwardly on your hand when you do so, this could result in a broken or fractured thumb.
Similarly, you may suffer from a break to your thumb because a piece of machinery you were tasked to use was faulty or malfunctioning somehow. For instance, perhaps you were using a machine that has an emergency stop button that stops a press from being lowered. If the emergency stop button failed to work, this could cause the press to come down and injuring your hand or thumb. In these cases, you may be entitled to claim compensation for your injuries.
If you’ve sustained injuries that were the result of your employer’s negligence, it could mean you’re eligible for compensation. See below for how a personal injury solicitor might work out your compensation package. Alternatively, why not give our team a call today? Our claims team are on hand to take your call and chat with you about the process of making a claim.
Calculating Compensation For A Broken Thumb Injury At Work
A personal injury solicitor will take into account many factors when working out your compensation package. You may notice that there are a number of websites with compensation calculators that offer to value your claim. However, these websites often don’t collect the range of information needed in order to give you an accurate claim estimate.
Compensation is split into general damages and special damages. General damages compensate you for your physical and emotional suffering and will take into account how your quality of life has been affected.
General damages consider the kind of injury you have sustained and how severe it is. In order to calculate general damages, you’ll usually be invited to a medical assessment where an independent expert will assess your injuries and compile their findings in a report. This report will be sent to whoever is handling your claim.
General damages will be worked out by referring to this report in conjunction with the Judicial College Guidelines (JCG). The JCG is a publication containing guideline compensation brackets for a variety of injuries. It is based on awards paid out for similar injuries in the past.
There must be evidence to prove the injury was sustained at work. For example through:
- CCTV footage
- An accident book report
- Witness statements
- Pictures
- Medical reports
If you require more information on compensation and how you can sue for a broken thumb, call us on the number above. Otherwise, please continue reading for more information on special damages.
What Do Special Damages Compensate You For?
We mentioned above that special damages cover both your past and future financial losses. They can comprise:
-
- Loss of earnings for full time, part-time, contract and freelance work
- Cost of care if your injuries have meant you are unable to care for yourself or a dependant
- Medication or treatment that you need but can’t get on the NHS
- Travel expenses, for example, if you’ve had to pay for parking and fuel to get to hospital appointments
- Hobbies, for instance, if you have had to cancel commitments and have lost out on deposits as a result.
You need to be able to provide proof of the losses you’ve experienced. This proof can be in the form of bills, receipts, tickets and invoices. If you cannot provide evidence for a loss you’ve experienced, you cannot include this in your claim.
For an example of how the compensation amounts are broken down for a thumb injury at work, see our case study and compensation table below.
Case Study – £26,500 Compensation For A Broken Thumb In The Workplace
Mr Bernard suffered from a fracture to his thumb in an accident at work due to his employer’s negligence. After being unable to work, look after his children or enjoy his hobbies, he decided to make a claim.
How Mr Bernard Broke His Thumb At Work
Mr Bernard worked as a Hydraulic Press Operator, operating machinery used to crush sheets of metal.
As Mr Bernard was working, he pressed the button to pause the machine before removing a flattened metal sheet. However, the machine was defective and the button failed to turn the machine off, resulting in Mr Bernard’s thumb being crushed.
After an investigation took place, the report showed the machine needed repairs that his employer failed to carry out. The accident was a direct result of his employer breaching his duty of care.
Unfortunately, the injury caused a displaced fracture and nerve damage, and the tip of his thumb required amputation. Mr Bernard couldn’t work for over a month and lost out on earnings as a result.
The injury led to a great deal of pain, inconvenience and financial loss. As a result, he decided to sue for a broken thumb at work.
What Settlement Did The Claimant Get?
Mr Bernard was advised by a friend to claim against his employer. He was unsure if it would be worth it, so he got advice from a personal injury solicitor who gave him an estimation of his claim’s value.
As it was clear from the maintenance records that the machine was faulty and overdue a repair, the employer admitted liability and settled before the claim went to trial.
Mr Bernard was awarded £26,500 in compensation comprising general and special damages.
Why Was This Amount Of Compensation Awarded?
| General Damages | How much? | Special Damages | How much? |
|---|---|---|---|
| The JCG bracket for a serious injury to the thumb is between £11,820 to £15,470 | £15,000 | Loss of earnings for full time and freelance photography work | £3,000 |
| Trivial scarring carries a guideline compensation bracket of £1,600 to £3,310 | £2,300 | Loss of attendance bonus | £2,000 |
| Cost of care for children while Mr Bernard was unable to use his right hand | £1,000 | ||
| Travel costs | £500 | ||
| Medication | £200 | ||
| Guitar lessons deposit | £500 | ||
| Gardening and dog-walking | £500 | ||
| Mountain-climbing holiday | £1, 500 | ||
| Total special and general damages: | £26,500 |
The table shows how the compensation amounts are broken down in the case of Mr Bernard. This number is an example used to show what you could receive and is based on our experience of assessing and valuing claims.
No Win No Fee Claims For A Broken Thumb Injury At Work
There’s no legal obligation to have a solicitor work on your behalf when making a claim. However, many people want the help and guidance offered by a solicitor when navigating the claims process. But legal representation can often run up large legal bills if you pay your solicitor upfront.
A No Win No Fee agreement is a way of claiming with a solicitor that means you don’t have to pay them anything before they start work on your claim, or while it’s ongoing. You also won’t be asked to cover their costs if your claim isn’t successful.
The only time you will be asked to pay them anything is if your claim succeeds. In these cases, they will deduct a “success fee” from your compensation to cover their costs. This will be agreed upon between you and your solicitor before you begin your claim.
Speak to a member of our claims team today. They will take details of your case and assess the strength of your claim. If your claim has a good chance of success, they may be able to pass you to a lawyer from our panel who can represent you on a No Win No Fee basis.
Do Solicitors Give Free Legal Advice?
Suffering from an accident at work that was at the fault of someone else’s negligence can be incredibly frustrating. However, our advisors are on hand to give you free legal advice about your claim and what your next steps could be.
It’s important to note that the value of personal injury claims can vary depending on the severity of the injury and other factors. So once our advisors know more about your claim, they can give you a better estimation of how much compensation you could get.
Without more information about your specific injury and the circumstances of your accident, it can be difficult to accurately estimate compensation. If our advisors think you have a valid claim, they could connect you with a lawyer from our panel.
Furthermore, you have no obligation to continue with a claim just from speaking with us. So why not get in touch today? Our friendly claims team may be able to help you get the compensation you’re owed.
Discuss Your Claim With Us
Our advisors are here to answer any questions you might have regarding your case and the next steps you can take to sue for a broken thumb at work. Please contact us for more information either by:
- Telephone number – 0800 408 7827
- Chatting with us using the live chat at the bottom of the page
- Sending us an enquiry using our online form
Where To Learn More
Have you been injured at work and broken your ankle? Visit our helpful guide on suing your employer for a broken ankle at work for more information.
If you’ve suffered from an act of medical negligence and want to claim, read through our helpful guide on medical negligence claims for more information.
If your injury was caused by negligence on the part of your local authority, our guide on claims against the council could be useful.
For medical advice on broken bones, visit this NHS guide to tell if you have a broken bone.
The Royal Society for the Prevention of Accidents provides guidance about preventing slips, trips and falls.
For more information on statistics about non-fatal accidents at work, see this page from the Health and Safety Executive.
Frequently Asked Questions About Workplace Accident Claims
How much time do I have to make a workplace accident claim?
If you want to make a claim, you generally have three years from the date of the accident. There are exceptions to this time limit; get in touch with our team to find out more.
Can I be sacked for making a claim against my employer?
No, your employer can’t fire you for making a claim. It’s your legal right to pursue compensation when you’ve been injured. If you do get sacked, you can claim unfair dismissal.
Who pays my compensation?
Your employer should have Employers Liability Insurance which protects them and you if an accident happens. This is set out in the Employers’ Liability (Compulsory Insurance) Act 1969. This means their insurance pays your compensation.
Could I get an interim payment?
If it’s been shown that the defendant is liable for your injuries but there is some dispute over, for example, how much compensation is owed, your solicitor may be able to apply for an interim payment. This is where you receive part of your compensation to cover costs, even though the case has not been fully settled. This may be appropriate in severe cases, for example where the injury forces you to take time off work, meaning you can’t keep up with your monthly outgoings.
We hope you found our guide on how to sue for a broken thumb helpful. Thank you for reading.