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 damaging your finger in an accident at work to support a factory cut finger claim for compensation.
A brief explanation of how to claim for finger accident in factory is also included; however, as no two claims for cutting injuries to finger in factory are exactly alike, 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 damaged finger. No amount of factory cut finger accident compensation will ever make up for a long term health issue which could have been avoided by immediate medical attention and, to support your injury claim for cut finger in factory, you will need a doctor to complete the Injuries Board Medical Assessment Form B.
Claims for Cutting Injuries to Finger in Factory 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 avoided had your employer – or other person with responsibility for your health and safety – fulfilled his or her legal duty of care to provide you with a safe working environment.
An employer´s “duty of care” covers all his or her responsibilities to prevent a finger injury in all possible situations, 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 damaging their finger at work.
Should an employer fail in their duty of care to eliminate the risk of damage to health, and you subsequently sustain finger damage 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 damaged in an accident at work which could not have been foreseen, claims for cutting injuries to finger in factory are unlikely to be successful.
How Your Employment Status May Affect a Claim for Finger Accident in Factory
It is not often that your employment status will affect your entitlement to claim for finger accident in factory, but there may be occasions when agency workers, employees on short-term contracts or self-employed workers may have to make an injury claim for cut finger in factory against somebody other than their direct employer – for example the owner of the premises on which the finger damage was suffered.
Possibly of more concern if you have cut your finger in an accident at work is the fact that you do not want to fall out with your employer but, because of financial necessity, you need to make an injury claim for cut finger in factory against their employer´s liability insurance policy. Most employers will be genuinely sorry that you have sustained damage to your finger at work due to their negligence and will admit their liability; but there are some circumstances in which an employer will want to protect their insurance policy excess and dispute your factory cut finger accident compensation claim.
Reporting Factory Accidents
It is important that your injured finger work accident is recorded in your employer´s “Accident Report Book”. Although a copy of this report is not sent to the Injuries Board when applying for an assessment of compensation for cutting finger in factory, reporting an injured finger work accident may initiate a Health and Safety Authority (HSA) investigation which could establish your employer´s liability in your injury claim for damaged finger in factory.
If liability can be ascertained before making claims for cutting injuries to finger in factory, it should speed up the Injuries Board process or may enable a solicitor acting on your behalf to negotiate a settlement of factory cut finger accident compensation without the need for witness statements or photographic evidence of your employer´s negligence.
If the damage to your finger is so severe that you are unable to report your injured finger work accident – or your employer fails to give you access to the Accident Report Book – you should speak with a solicitor. Injured finger work accidents can be reported online at the HSA web site, but you will need an approval code to use the service and it may be a lot simpler for a solicitor to generate a report on your behalf and then use it in support of a factory cut finger claim for compensation.
How Much is an Injury Claim for Cut Finger in Factory Worth?
How much compensation for cutting finger in factory you will be entitled to receive will be influenced by 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 finger was cut. Financial values for finger injuries can be found in the Book of Quantum, but these values only account for the physical pain and suffering you experience at the time your finger was damaged and not for the “inconvenience of incapacity” that might result from a finger injury at work.
Claims for cutting injuries to finger in factory should include compensation for the impact that your cut finger has on your ability to perform day to day tasks and your incapacity to participate in leisure pursuits or enjoy an active social life. There is very little opportunity to account for this “loss of amenity” when making an injury claim for cut 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 finger accident in factory – to ensure you receive your full entitlement to factory cut finger accident compensation.
The amounts you are claiming for costs, lost income and any other expenses you have incurred due to your cut 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 costs you have incurred in pursuit of your injury claim for cut finger in factory, fares paid to use alternative forms of transport if you are unable to drive and future medical fees if, for example, physiotherapy is required in order that you make a full recovery from the damage done to your finger.
How the Statute of Limitations affects a Factory Cut Finger Claim for Compensation
The Courts and Civil Liability Act 2004 set a limitation period of two years for making claims for cutting injuries to finger in factory from the “Date of Knowledge” on which the condition of the finger is diagnosed. There are very few scenarios in which a plaintiff would be unaware that damage has been done to their finger in an accident at work 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 finger accident in factory to the Injuries Board for assessment but, if liability for your finger injury is denied, or you are waiting for the results of an HSA investigation to confirm your employer´s liability in your injury claim for cut 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 recover from your injured finger work accident and impossible to calculate how much factory cut finger accident 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 damaged finger – and this is something which is once again best done with the assistance of a personal injury* solicitor.
Do I Need a Solicitor to Claim Compensation for Cutting Finger in Factory?
You do not need a solicitor in order to make claims for cutting injuries to finger in factory, but you would be well served by doing so. In addition to acting as a go-between between yourself and your employer, and dealing with any complications that arise while making a claim for finger accident in factory, a solicitor has the experience to ensure you receive your full entitlement to factory cut finger accident compensation – whether your injury claim for cut 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 finger injury in factory accident for which you were not entirely responsible for, 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 to give substance to your claim for finger accident 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 factory accident without delay.