Finger injury compensation claims
The following guide sets out everything you need to know about making a finger injury compensation claim.
Finger injury statistics
According to recent NHS data, one in fifty employees have reported experiencing pain in the muscles and tendons of the fingers due to repetitive tasks at work.
Around 10% of all A&E department visits are for hand and finger injuries.
The courts recognise that finger injuries can have a debilitating effect on the long-term operation of the hand, affecting an individuals ability to work, perform jobs around the home and pursue sports and hobbies.
For these reasons, finger injury compensation awards can be relatively high, depending on the nature and severity of the injury.
Anyone who has suffered a finger injury due to the act or negligence of another party may be eligible to make a finger injury compensation claim.
I have a strong claim - why won't a solicitor take it on?
A claim should be possible if the finger injury occurred:
- in the last three years (longer if children were involved) and
- another party was to blame and
- that party owed you a duty of care
Your solicitor must also show that the defendant can be held legally accountable for the accident that caused your finger injury.
Some industrial diseases, such as vibration white finger, are not diagnosed until several years after the work than caused the injury occurred. For claims of this nature, the time limit for bringing a claim is calculated as three years from the date the claimant was aware (or should have been aware) of their injury.
However, even if you do legally qualify, some solicitors may not take on your claim for other reasons.
Common finger injury claims
Quittance's network of solicitors can assist people who have suffered finger injuries:
- caused by dangerous machinery at work
- due to an office accident or repetitive strain injury caused by using a keyboard without wrist supports for long periods of time
- as a result of a slip, trip and fall accident
- as a result of an industrial disease such as vibration white finger or carpal tunnel syndrome
- in a road traffic accident
- in a school or nursery
- from a defective product
- playing sports such football or rugby
The cause of a finger injury has no bearing on the amount of compensation that is awarded. The settlement award will depend on the severity of the injury and the effect it will have on your life, both during your initial recovery, and in the future.
However, for the purposes of making a successful claim, the cause of the injury is significant. It must be shown that the accident was caused by another party's act or negligence, and that the accident in question was the cause of the injury.
Employers are required to follow Health and Safety legislation to keep their employees safe and avoid accidents at work.
Where the finger injuries are sustained in a work accident, the injury lawyer will consult relevant Health and Safety Regulations such as the Health and Safety at Work Act 1974, Work at Height Regulations 2005 or the Control of Vibration at Work Regulations 2005 in order to show that the employer was liable for the accident.
For other accidents, determining fault depends on the circumstances of the accident. Your lawyer will gather evidence to prove that:
- the accident was caused by the negligence of another party, and
- the accident caused the finger injuries.
Even if it not certain who caused the accident, a claim may still be made. Your solicitor will be able to investigate the evidence relating to the accident to establish liability.
Finger injury compensation may be claimed for injuries including:
- Fractures and breaks
- Ligament and soft tissue damage
- Laceration of skin, nerves, tendons or blood vessels
As a first step, your solicitor will arrange an independent medical report. This report will detail the finger injury, the likely recovery time and any future impact the injury will have on the operation of the hand. The findings of the independent medical report will be used to support the finger injury compensation claim.
How the finger injury affects you is key in estimating the value of your compensation award.
For example, if you were an avid piano player, but suffered a disabling finger injury that meant he could no longer play, the court would likely award a higher level of compensation than if you did not enjoy such a hobby. The higher award is to compensate a claimant for the loss of quality of life.
Compensation awards also take into account the financial losses that you may suffer as a result of their finger injury. These expenses may include:
- Loss of earnings, both during the recovery period and in the future
- Medical expenses
- Travel expenses
- Personal care costs.
Your injury lawyer will assess all aspects of the finger injury claim to arrive at a compensation amount.
The courts recognise that some fingers are more important than others for the functioning of the hand. The thumb, index and middle finger are considered the most important digits. The more dominant the finger, the more compensation a claimant is likely to receive for the same type of injury.
When negotiating a settlement with the defendant or their insurer, your solicitor will refer to a set of guidelines published by the Judicial College. Laid out in the form of a tariff, the guidelines list a series of common finger injuries and recommend a maximum and minimum compensation award for each type of injury and affected finger.
Applying the guidelines:
- A simple fracture to any finger would receive an average compensation payout between £1,700 and £3,400.
- Loss or amputation of the little finger may give a monetary settlement of around £5,500.
- Losing an index figure and a middle finger serious impairs the hand's ability to function and may be worth in the region of £50,050 to £73,315.
These figures represent the compensation award for the pain and suffering an injury has caused. Additional compensation may be available in respect of your lost of earning and any expenses you have incurred.
No Win No Fee refers to an agreement (technically known as a 'Conditional Fee Agreement' or 'CFA') between an injured person and their personal injury solicitor.
No Win No Fee means that if your finger injury claim is not successful then you would pay no legal fees at all.
If your claim is successful, a success fee will be deducted from the compensation award and paid to the solicitor.
How can Quittance help?
Quittance is a panel of personal injury solicitors. The panel takes on all types of claim and offers specific expertise in personal injury and medical negligence.
Our solicitors have an excellent track record of winning claims and will fight for the best possible compensation settlement.
To speak to us about your finger injury claim, without obligation, call 0800 612 7456.
Meet the QLS team
The nationwide panel of QLS solicitors take on all types of personal injury claims, from less-severe claims to catastrophic injury. Our solicitors are chosen for their knowledge and expertise and their track record in winning claims.
About the author
Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.
Read more about this Quittance Legal Expert