Is it possible to claim for the loss of fingers in an accident? Last year I lost two fingers in an accident while working as a labourer at a building site and am interested in pursuing compensation from my former employer. Is it possible to claim for compensation on the grounds that the machinery I was using was unsafe and unfit for purpose?
It may be possible to claim for the loss of fingers in an accident if you can prove that your former employer’s negligence was the reason behind your injury. As an employer has a duty of care towards their employees – which includes ensuring that the equipment used on-site is safe and up to code – it may be possible for you to pursue compensation for the accident was the fault of your employer.
In order to ensure that you have the best possible chance of securing compensation for your injuries you should ensure that you have access to a full medical report of your injuries – a document you would have been provided with on your visit to the Accident and Emergency department when the injury first occurred. If you have misplaced the report, you should obtain another copy without delay.
Other evidence such as photos and CCTV may also be available. These may also help bolster your claim for the loss of fingers in an accident. As you were working on a building site at the time of your accident it is likely that you were not alone when the accident happened and that some former co-workers may be able to provide statements of what they witnessed. They may also be able to back up your claim that the piece of machinery you were using at the time of your accident was faulty as it is likely that you were not the only labourer to use it.
Because of the serious nature of your injury, it is likely that you submitted a report in your former employer’s Accident Report Book. This can also be used as evidence.
It should be noted that a year is a significant period of time to let elapse before deciding to pursue a claim. Under the rules set out in the Statute of Limitations Act a claimant may only pursue a claim for up to three years after the date on which an injury was discovered – in your case, also the date on which it happened. For this reason, it is especially important that you seek legal advice as soon as possible. Pursuing a claim for the loss of fingers in an accident can be a time-consuming and emotional experience, which is why it is always best to enlist a qualified injury claims solicitor to assist you.