How to Claim Compensation for Cutting Hand in Factory
This article explains some of the reasons why you might – or might not – be eligible for compensation for cutting hand in factory and the procedures you should follow after cutting your hand in an accident at work to support a factory cut hand claim for compensation.
A brief explanation of how to claim for cut hand in accident at factory is also included; however, as no two claims for hand injuries in factories are identical, it is always in your best interests to discuss the specific circumstances of your work injury with a solicitor at the first practical opportunity.
Your first priority should always be your health and, if you have not already done so, you should seek professional medical attention for your cut hand. No amount of hand cut injury at work 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 a hand in work accident, you will need a doctor to complete the Injuries Board Medical Assessment Form B.
Claims for Hand Injuries in Factories and the Duty of Care of Employers
In order to be eligible to claim compensation for cutting hand in factory, you must have sustained an injury to your hand 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 fulfil your work duties.
An employer´s “duty of care” covers all his or her responsibilities to prevent a hand cut injury 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 sustaining an injury in a factory.
Should an employer neglect to uphold their duty of care to eliminate the risk of an injury, and you subsequently sustain a cut hand injury as a result, you should qualify to make a factory cut hand claim for compensation. It should be noted, however, that an employer´s duty of care is not “absolute” and, if you are injured in a factory accident at work which could not have been foreseen, claims for hand injuries in factories are unlikely to be successful.
Procedures for Claiming Hand Cut Injury at Work Compensation
The most common procedure used for claiming hand cut injury at work 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 detailing your cut hand injury. Receipts and invoices for any expenses you have incurred which are directly attributable to your cut hand accident in the factory should also be attached to your application.
The Injuries Board´s role is only to evaluate how much compensation for cutting hand in factory you are entitled to, and not to establish liability for the damage to your hand. Therefore, the Injuries Board will write to your employer asking for consent to proceed with an assessment of your factory cut hand claim for compensation, and only continue once that consent has been received – effectively when your employer has admitted his liability for the injury you sustained.
Thereafter you may have to undergo an independent medical examination to determine the severity of your hand 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” hand cut injury at work compensation. If either your employer denies his consent for the Injuries Board to assess your claim for cutting a hand in work accident, or neither party agrees on how much compensation for cutting hand in factory you are entitled to, the Injuries Board will issue you with an authorisation to pursue your claim for cut hand in accident at factory through the courts.
How Much is a Claim for Cutting a Hand in Work Accident Worth?
The amount of compensation for cutting hand 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 hand injury was suffered. Financial values for hand 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 of your cut hand injury and not for the “inconvenience of incapacity” that might result from suffering an accident in a factory.
Claims for hand injuries in factories should include compensation for the impact that your cut hand has on your ability to perform everyday domestic tasks and your incapacity to participate in leisure and social activities you previously enjoyed. There is very little opportunity to account for this “loss of amenity” when making a claim for cutting a hand in work accident through the Injuries Board process, and this is a further reason why you should speak with solicitor with experience of making a claim for cut hand in accident at factory – to ensure you receive your full entitlement to hand cut injury at work compensation.
The amounts you are claiming for expenses, lost income and any other costs you have incurred due to your cut hand are then added to the compensation values above to finalise how much your factory cut hand claim for compensation is worth. You may also be able to recover any legal costs you have incurred in pursuit of your claim for cutting a hand in work accident, alternative transport fares if you are unable to drive and future medical costs if, for example, physiotherapy is required in order that you make a full recovery from your hand cut injury.
Contributory Negligence and Cut Hand Work Accidents
One of the reasons why consent to assess your claim for cut hand in accident at factory may be withheld from the Injuries Board is if you are considered to have been at least partially responsible for the cause of the accident at work in which you cut your hand or the extent of your injury. The Injuries Board will only assess claims for hand injuries in factories in which total liability is admitted and, if you have contributed to your hand injury, the Injuries Board will have no option but to issue you with an authorisation to pursue your factory cut hand claim for compensation in court.
Court action may be a last resort when making a claim for cutting a hand in work accident, 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 hand injury and that percentage is then deducted from how much compensation for cutting hand in factory your claim is settled for. Please bear in mind that negotiating the value of hand cut injury at work compensation directly with an insurance company is not a good idea without legal representation.
One element of contributory negligence which is sometimes overlooked is if you contributed to the extent of your hand injury by failing to seek prompt professional medical treatment. Some people who injure themselves at work foolishly attempt to work through the pain – making their injury worse and jeopardising their entitlement to compensation for cutting hand in factory. You should speak with a solicitor about whether you still have a claim for cut hand in accident at factory which is worth your while to pursue if this has happened to you.
How the Statute of Limitations affects a Factory Cut Hand Claim for Compensation
The Courts and Civil Liability Act 2004 set a limitation period of two years for making claims for hand injuries in factories from the “Date of Knowledge” on which the injury to your hand is diagnosed. There are very few occasions in which a plaintiff would be unaware that they have sustained a cut hand injury in an accident at work and therefore the two year limitation period for making a factory cut hand 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 cut hand in accident at factory to the Injuries Board for assessment but, if liability for your hand 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 a hand in work accident, the time can slip quickly by.
If the full extent of your cut hand injury is not known, or due to complications it is taking a protracted amount of time to recover from your factory accident injury and impossible to calculate how much hand cut injury at work compensation you are entitled to, it is possible to “stop the clock” on your claim for compensation for cutting hand in factory. You will need the agreement of your employer´s insurance company to do this – assuming your employer has admitted liability for your hand injury – and this is something which is once again best done with the assistance of a personal injury* solicitor.
Ask for Legal Advice
You do not need a solicitor in order to make claims for hand injuries in factories, but you would be well advised to do 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 cut hand in accident at factory, a solicitor has the experience to ensure you receive your full entitlement to hand cut injury at work compensation – whether your claim for cutting a hand in work accident 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 hand claim for compensation if you have sustained a cut hand injury in factory accident 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 hand in factory. As it is often in your best interest to have evidence gathered to give weight to your claim for cut hand in accident at factory while it is still fresh, it is recommended that you speak with a solicitor about the circumstances of your hand injury in a factory accident without delay.