How to Claim Compensation for Cutting Finger in Factory
This article explains some of the reasons why you might – or might not – qualify for compensation for cutting finger in factory and the procedures you should follow after breaking your finger in an accident at work to support a factory cut finger claim for compensation.
A brief explanation of how to claim for injured finger in factory is also included; however, as no two claims for finger injuries in the workplace are identical, it is always in your best interests to discuss the specific circumstances of your work injury with a solicitor at the earliest practical opportunity.
Your first priority should always be your health and, if you have not already done so, you should seek professional medical treatment for your injured finger. No amount of factory cut finger compensation will ever make up for a long term health issue which could have been avoided by timely medical attention and, to support your claim for cutting your finger in factory, you will need a doctor to complete the Injuries Board Medical Assessment Form B.
Claims for Finger Injuries in the Workplace and the Duty of Care of Employers
In order to be eligible to claim compensation for cutting finger in factory, you must have sustained a finger injury which could have been prevented had your employer – or other person with responsibility for your health and safety – fulfilled his or her duty of care to provide you with a safe environment in which to perform your work tasks.
An employer´s “duty of care” covers all his or her responsibilities to prevent an injury to the finger wherever possible, and would include performing risk assessments to identify foreseeable hazards, providing training and supervision, and supplying personal protective equipment where necessary to eliminate the risk of an employee cutting their finger at work.
Should an employer breach their duty of care to eliminate the risk of an injury, and you subsequently sustain a cut finger injury as a result, you should be entitled to make a factory cut finger claim for compensation. It should be noted, however, that an employer´s duty of care is not “absolute” and, if your finger is hurt in an accident at work which could not have been foreseen, claims for finger injuries in the workplace are unlikely to be successful.
Procedures for Claiming Factory Accident Compensation
The most regularly used procedure for claiming factory cut finger compensation is to submit an application for assessment to the Injuries Board. Your application can be completed on a paper form or online, but must be submitted with a medical practitioner´s report with the specifics of your finger injury laid out. Receipts for any expenses you have incurred which are directly attributable to your finger accident at work should also be attached to your application.
The Injuries Board´s role is only to assess the amount of compensation for cutting finger in factory you are entitled to, and not establish liability for your finger injury. Therefore, the Injuries Board will write to your employer asking for consent to proceed with an assessment of your factory cut finger claim for compensation, and only continue once that consent has been received – effectively when your employer has admitted his liability for your cut finger injury.
Thereafter you may have to undergo an independent medical examination to ascertain the severity of your finger injury and the Injuries Board will then send you and your employer a “Notice of Assessment” which – if both you and your employer agree to – is followed by an “Order to Pay” factory cut finger compensation. If either your employer denies his consent for the Injuries Board to assess your claim for cutting your finger in factory, or neither party agrees on how much compensation for cutting finger in factory you are entitled to, the Injuries Board will issue you with an authorisation to pursue your claim for injured finger in factory through the courts.
How Much is a Claim for Cutting your Finger in Factory Worth?
How much compensation for cutting finger in factory you will be entitled to receive will depend on the location, nature and severity of your injury in relation to your age, sex and general state of health prior to the accident in which your injury was sustained. Financial values for injuries to fingers can be found in the Book of Quantum, but these values only account for the physical pain and suffering you experience at the time of your cut injury and not for the “inconvenience of incapacity” that might result from a finger injury in the factory.
Claims for finger injuries in the workplace should include compensation for the impact that your cut finger has on your ability to perform everyday domestic tasks and your incapacity to participate in leisure pursuits or engage in an active social life. There is very little opportunity to account for this “loss of amenity” when making a claim for cutting your finger in factory through the Injuries Board process, and this is a further reason why you should speak with solicitor with experience of making a claim for injured finger in factory – to ensure you receive your full entitlement to factory cut finger compensation.
The amounts you are claiming for expenses, lost income and any other costs you have incurred due to your broken finger are then added to the compensation values above to finalise how much your factory cut finger claim for compensation is worth. You may also be able to recover any legal expenses you have incurred in pursuit of your claim for cutting your finger in factory, fares paid to use alternative forms of transport if you can no longer drive and future medical costs if, for example, physiotherapy is required in order that you make a full recovery from you’re the cut injury to your finger.
Contributory Negligence and Work Accidents
One of the reasons why consent to assess your claim for injured finger in factory may be withheld from the Injuries Board is if you are considered to have been partially responsible for the cause of the accident at work or the extent of your cut finger injury. The Injuries Board will only assess claims for finger injuries in the workplace in which total liability is admitted and, if you have contributed to your workplace injury, the Injuries Board will have no option but to issue you with an authorisation to pursue your factory cut finger claim for compensation in court.
Court action may be a last resort when making a claim for cutting your finger in factory, as it may also be possible to negotiate a settlement with your employer´s liability insurers where you accept a percentage responsibility for your cut finger injury and that percentage is then deducted from the amount of compensation for cutting finger in factory your claim is settled for. Negotiating the value of factory cut finger compensation directly with an insurance company is recommended without professional legal assistance.
One factor of contributory negligence which is sometimes overlooked is if you contributed to the extent of your finger injury by neglect in seeking immediate professional medical attention. Some people who injure their finger at work foolishly attempt to work through the pain – making their injury worse and endangering their entitlement to compensation for cutting finger in factory. If this has happened to you, you should discuss whether you still have a claim for injured finger in factory which is worth your while to pursue with a n experienced solicitor.
Statute of Limitations for Compensation
The Courts and Civil Liability Act 2004 set a limitation period of two years for making claims for finger injuries in the workplace from the “Date of Knowledge” on which the cut finger injury is diagnosed. There are very few scenarios in which a plaintiff would be unaware that they have cut their finger in a factory accident and therefore the two year limitation period for making a factory cut finger claim for compensation would usually start on the day of your accident.
Two years may seem ample time in which to submit a claim for injured finger in factory to the Injuries Board for assessment but, if liability for your injury is denied, or you are waiting for the results of an HSA investigation to confirm your employer´s liability in a claim for cutting your finger in factory, the time can slip quickly by.
If the full extent of your finger injury is not known, or due to complications it is taking a long time to recuperate from your broken finger work accident and impossible to calculate how much factory cut finger compensation you are entitled to, it is possible to “stop the clock” on your claim for compensation for cutting finger in factory. You will need the agreement of your employer´s insurance company to do this – assuming your employer has admitted liability for your cut finger injury – and this is something which is once again best completed with the assistance of a personal injury solicitor.
Always Get Legal Advice about Work Accidents
You do not need a solicitor in order to make claims for finger injuries in the workplace, but you would be strongly recommended to do so. In addition to acting as a go-between between yourself and your employer, and dealing with any complications that may arise while making a claim for injured finger in factory, a solicitor has the experience to ensure you receive your full entitlement to factory cut finger compensation – whether your claim for cutting your finger in factory is resolved via the Injuries Board, by negotiation with your employer´s insurers or through court action.
Most solicitors will offer a free assessment of your factory cut finger claim for compensation if you have sustained a work accident cut injury for which you were not entirely to blame, and provide you with answers to any questions you may have in regard to your eligibility to claim compensation for cutting finger in factory. As it is often in your best interest to have evidence collected in support of your claim for injured finger in factory while it is still fresh, it is recommended that you speak with a solicitor about the circumstances of your finger injury in a work accident without hesitation.