If you’ve suffered a broken finger at work through no fault of your own, you may be wondering if you could seek compensation. Our guide on how to sue for a broken finger aims to help you understand the process of making a claim a little better. For example, you may be wondering whether you could claim, what you could recover in compensation and how you could go about it. If so, this guide can assist.
Under law, your employer isn’t able to discriminate against or dismiss you for making a claim after you’ve endured an injury at work. As daunting a prospect as a claim against your employer may seem, you may be more protected than you realise.
There can be a lot of technical language used to talk about personal injury claims that make it seem complicated. However, if you’ve been injured at work and it wasn’t your fault, claiming against your employer can be made easier with the help of a personal injury solicitor.
Please call our advisors for more information on 0800 408 7827. They’re experts, are available 24/7 and can give you free legal advice with no obligation for you to use the services of our panel of personal injury lawyers. Otherwise, please continue reading.
About Broken Finger Injuries
- A Guide On How To Sue For A Broken Finger At Work
- What Is A Broken Finger Injury At Work?
- Causes Of Broken Finger Injuries At Work
- Calculating Compensation For A Broken Finger At Work
- What Is The Difference Between General And Special Damages?
- Case Study—£14,000 Compensation For A Workplace Broken Finger Injury
- How To Sue For A Broken Finger With A No Win No Fee Solicitor
- How To Get Advice On Work Accident Claims
- Contact Our Team For Free Legal Advice
- Need More Help?
- Broken Finger At Work FAQs
A Guide On How To Sue For A Broken Finger At Work
This guide aims to offer you advice on understanding how much your claim could be worth. More importantly, we aim to make you feel more at ease about suing your employer for their negligence. After all, you have a right to claim if you’re injured due to their negligence.
We have created a case study to show you how a similar broken finger at work claim was valued.
Our panel of advisors is also here to help so, if you’ve been involved in an accident, call us on the number above or keep reading to see how your claim could turn out.
Workplace Accident Statistics
Workplace accidents are not uncommon and some injuries are created over time, are complex and lead to other complications. For example, musculoskeletal disorders (MSD) which, according to the World Health Organisation can cause fractures, are caused by things like:
- Fixed or constrained body positions e.g. sitting at a desk for long periods
- Continual repetition of movement
- Force concentrated on small parts of the body e.g. the hand and wrist.
- Place of work not allowing sufficient body movement e.g. no breaks in between sitting at a desk for long periods
Therefore MSD could be an injury sustained at work, as seen in the 2019/20 Labour Force Survey (LFS), where 44% of employees reported a work-related musculoskeletal disorder in the upper limb or neck area. There were 480,000 cases of MSDs, 212,000 of which affected the upper limbs or neck such as the hands, arms and fingers.
As a result of these injuries, there were 8.9 million working days lost to MSDs and the pain and suffering caused by the complications of them.
The data collected showed that these disorders were more common in agriculture, forestry and fishing industries.
For more information on how the upper limbs and fingers were affected in workplace accidents, see the graph below. The figures come from RIDDOR.
What Is A Broken Finger Injury At Work?
A broken finger occurs when an impacting force is strong enough to fracture or crush the bone. At work, it could occur due to your own or someone else’s negligence.
A broken finger can be quite debilitating, and if you have any symptoms of this injury, you should seek medical advice from your doctor or the NHS. The most common symptoms include:
- Pain, bruising and swelling
- Your finger feels stiff and difficult to move
- The affected area is pointing at an odd angle
- The finger or thumb looks blue or feeling numb
- A cut where the bone is poking through or is visible.
The doctor will diagnose the injury by giving you an X-ray. Once they have determined whether your finger is broken, the doctor might:
- Splint or plaster your finger or strap it to another finger to keep it straight.
- Give you antibiotics to prevent infection if there’s a cut.
- Perform surgery for more complicated breaks e.g. if it’s broken in more than one place or nerves are damaged.
- Book a follow-up appointment for you to check the healing progress of the injury.
The NHS recommends following these steps to help the healing process:
- Taking painkillers
- Keeping the hand elevated
- Using an ice pack to keep swelling down
- Not using the affected hand
The recovery time for a broken finger is usually 2–8 weeks. However, it can be between 3–4 months before you regain full strength in your hand. During recovery, the doctor might give you some hand exercises to stop the hand and fingers from becoming too stiff.
This information comes from the NHS; if you require medical advice or need any more information on broken fingers, visit the NHS website.
If you have suffered from this injury due to your employers’ negligence, we can help provide you with information on how to sue for a broken finger at work.
What Duty Of Care Does My Employer Have?
An employer has a duty of care to do what is reasonably possible for them to keep you safe.
The Health and Safety at Work Act etc. 1974 specifies many things that are reasonably possible for an employer to do. Section 2 explains that an employer is expected to provide:
- Training on health and safety, fire safety and how to use specialist equipment
- Equipment such as shoes, PPE, masks and gloves, depending on the nature of the work
- Breaks from work, both while in work and ensuring that there is enough time between shifts
- Maintenance for the safety of specialist equipment
- A tidy and uncluttered work environment
If your employer does not provide these, amongst other things, they could be at risk of causing direct harm to you, costing you and them time, money and well being.
How Your Employer Could Breach Their Duty Of Care
If your employer does not do all that is reasonably possible, they could be responsible for breaching their duty of care to you. More specific examples of how your employer could breach their duty of care include:
- Leaving equipment out and someone tripping over as a result.
- Failing to put a wet floor sign out and someone falling/slipping over.
- Not providing you with the right equipment e.g. footwear, PPE or gloves causing you to sustain an injury.
These breaches in duty of care can cause you pain and frustration that your employer could have avoided. If this is the case for you, keep reading for more information on what causes a broken finger at work and how you can claim for a broken finger.
Causes Of Broken Finger Injuries At Work
RIDDOR reported 65,427 employee non-fatal injuries for the year 2019/20, and slips, trips, and falls caused 29%. However, there isn’t one sole cause for a broken finger injury at work and causes can include:
- People who work in manual labour
- High impact events such as car accidents or falls
Injuries sustained to the hand or fingers can easily happen, especially if you have a job that involves working with your hands e.g. manual labourer, artist, designer or chef. More specific examples include:
- If you’re using tools or machinery, damaging your hand or fingers
- Slamming your hand in a door or getting your hand caught in machinery
- Putting your hands out to break a fall
Accidents like these can affect different parts of the hand, including:
- Phalanges (bones in the fingers)
- Knuckles
- Metacarpal bones (between the phalanges and the wrist)
- Carpal bones (wrist bones)
These injuries and many others could result from your employer’s negligence, and now you’re suffering the consequences. If you want to know how to sue for a broken finger, see below for broken finger at work compensation examples.
Calculating Compensation For A Broken Finger At Work
You’re probably wondering how personal injury solicitors work out compensation. Ultimately, the compensation package includes general and special damages. Together they make up the total compensation package that you could be awarded if your case wins.
General damages cover your physical and emotional suffering and the impact your injury has had on your quality of life. The amount of general damages you can get is dependent on the severity of your injury and how badly it has affected you.
Special damages, on the other hand, cover your past and future financial losses. They cover any upfront costs you might have incurred due to the injury and any potential costs you might incur in the future.
Suppose you’re worried about the process of suing your employer and the financial impact it could have on your place of work and your job. The financial burden shouldn’t fall directly on the employer, rather your employer’s liability insurance.
In addition, your employer shouldn’t dismiss you for making a claim; however, if they do you can claim for unfair dismissal. For more information on unfair dismissals, visit the Acas website.
For more information on how much your broken finger at work claim could be worth, rather than using a personal injury calculator, call our team on the number above. Otherwise, continue reading to see how compensation breaks down more specifically.
What Is The Difference Between General And Special Damages?
General damages compensate you for the physical and mental effects of your injuries.
As mentioned above, special damages cover financial losses. They can encompass a whole host of things such as:
- The cost of care for yourself and anyone else who might be dependent on you to look after them
- Loss of earnings both past and future
- Any hobbies that you’re unable to enjoy as a result of the accident
- Medication
- Travel costs connected to your injuries (such as the cost of a bus journey to a doctor’s appointment relating to your broken finger)
You can claim for these under special damages. However, evidence is key, and without it, it can be difficult to claim. For more information, see the table below.
Case Study—£14,000 Compensation For A Workplace Broken Finger Injury
Mr Neilson, a retail warehouse worker, was working a normal shift. He was walking towards the break room when he slipped and fell, causing him to break his index finger.
Consequently, he required around six weeks off work as he was unable to lift any heavy objects until his hand had completely healed. He received some sick pay but not a lot to cover his overall finances.
He wondered if he could claim for a broken finger at work and used a personal injury calculator to determine how much he could get.
Eventually, he decided to get advice from a personal injury solicitor and made a claim.
How Mr Neilson Broke Their Finger At Work
Mr Neilson was unable to work for six weeks after suffering from a broken finger. He slipped while walking to the break room because someone hadn’t put a wet floor sign down after they had mopped.
Shortly after the accident, Mr Neilson went to the hospital for medical help. The doctor gave him an X-ray and diagnosed him with a broken index finger. The doctor advised Mr Neilson that the injury would take around eight weeks to heal fully and told him to avoid heavy lifting for that time.
Although he was unable to work and only offered a small amount of sick pay from work, he was a little apprehensive about making a claim against his employer because of the potential financial impact on the company and how it could affect his job.
However, his solicitor advised him that his employer was required to have Employers’ Liability Insurance, as stated by the Employers’ Liability (Compulsory Insurance) Act 1969. Employers’ Liability Insurance covers the employer in the likelihood that an injury is sustained at work. Subsequently, the employer doesn’t pay the compensation; the insurance does.
Eventually, Mr Neilson decided to claim for a broken finger at work.
What Was The Settlement?
After deciding to claim, Mr Neilson and his solicitor started to build up a bank of evidence that included CCTV footage of the accident and witness statements. They also kept a record of receipts and payslips as evidence of his financial losses.
Due to the extensive evidence provided, the employer admitted liability and Mr Neilson was awarded full compensation of £14,000.
See the table below for more details on the compensation amounts and for more information on how to sue for a broken finger at work.
How This Settlement Breaks Down
| General Damages | How much? | Special Damages | How much? |
|---|---|---|---|
| The average compensation amount for a minor hand injury including a fractured index finger is between £8,550 to £11,480 | £11,450 | Loss of earnings | £1,300 |
| Travel costs | £150 | ||
| Medication | £100 | ||
| Lost deposits for guitar lessons | £500 | ||
| Help with garden | £500 | ||
| Total special and general damages: | £14,000 |
The case of Mr Neilson is fictional and aims to act as an example to demonstrate the personal injury claims process. It is based on past cases and experiences, however.
How To Sue For A Broken Finger With A No Win No Fee Solicitor
We understand that you might be worried about the cost of using a solicitor when making a personal injury claim. However, there are options you can choose to keep the cost low. One option is a No Win No Fee agreement, which essentially means that you don’t have to pay any solicitor fees if they don’t win the case. You don’t have to pay any upfront fees either.
If the solicitor does win the case, then you would pay a small fee that you and your solicitor will agree on at the beginning of the case. It’s a legally capped percentage as well.
This is something our panel of lawyers can offer you. If it’s something you’re interested in, get in touch with our advisors on the number above, and they can help you understand how to sue for a broken finger.
How To Get Advice On Work Accident Claims
We can help you understand how much your claim is worth but, first, we need a little more information about your case; for example, the severity of the injury and how it has affected you. Once we know more, we can give you a better estimation of the value of your claim.
Our panel of advisors are knowledgeable on personal injury law and can help you with any questions you might have. They’re professional and can take your call or messages whenever you are ready, night or day.
They’ll listen to your situation and give you honest, expert advice. They can give you a free estimation of what compensation you could receive and, if they think you have a valid claim, could put you in touch with a lawyer from our panel.
You’re not obliged to proceed with the services of our panel of lawyers, however, so if you’d just like some answers to questions, they’ll be happy to help.
See below for the free legal advice our team can offer you.
Contact Our Team For Free Legal Advice
Feeling frustrated? Wanting to take action against your employer? We understand and are here to help. We know we’ve covered a lot of information in this article, so to sum up, we can help with:
- Advice on No Win No Fee agreements
- Advice on personal injury claims
- A better estimation of how much your claim is worth
- Understanding the compensation package you’re entitled to
For more information:
- Call us on 0800 408 7827.
- Chat with us on live chat.
- Send us an enquiry using our form.
Need More Help?
For more information on health and safety at work, visit the government website.
Visit the NHS guide for more information on broken bones.
If you require more health and safety statistics, visit the HSE website.
Have you suffered a broken foot injury at work? Read our guide to see if you could claim.
Read our guide on how a local council could be responsible for your broken foot in certain situations.
Our guide on how to sue your employer may prove helpful if you’ve got further questions on what it might be like to claim against them.
Broken Finger At Work FAQs
Who Pays My Compensation?
The defendant’s insurance will usually pay your compensation.
Could I Be Fired For Making A Claim?
An employer should have Employers Liability Insurance to cover these incidents and you should not be fired for making a claim. However, if this does happen, you could claim against your employer for unfair dismissal.
Will I Need To Visit My Solicitor In Person?
With advances in technology, you should be able to speak to your solicitor over the phone, video call or in writing. However, you can visit them in person if you prefer.
Will My Case Go To Court?
Not every case goes to court, and cases could end up settling in the litigation stage of the claim.
Thank you for reading our guide on how to sue for a broken finger.
Article by Nay
Edited by Vic