How to Claim Compensation for a Thumb Injury at Work
This article explains some of the reasons why you might – or might not – be entitled to claim compensation for a thumb injury at work and the procedures you should follow after hurting your thumb in an accident at work to support a work injured thumb claim for compensation.
A brief explanation of how to claim for damaged thumbs in a work accident is also included; however, as no two claims for work thumb injuries are identical, it is always in your best interests to discuss the specific circumstances of your work injury with a solicitor at the first moment possible.
As your first priority should always be your health, if you have not already done so, you should seek professional medical treatment for your injured thumb. No amount of workplace injured thumb compensation will ever make up for a long term health issue which could have been prevented by timely medical attention and, to support your claim for damaging a thumb at work, you will need a doctor to complete the Injuries Board Medical Assessment Form B.
Claims for Work Thumb Injuries and the Duty of Care of Employers
In order to qualify to claim compensation for a thumb injury at work, you must have sustained a thumb injury which could have been avoided 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 working environment.
An employer´s “duty of care” covers all his or her responsibilities to prevent a thumb 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 remove the risk of an employee injuring their thumb at work.
Should an employer fail in their duty of care to minimise the risk of an injury, and you subsequently sustain a thumb injury as a result, you should be eligible to make a work injured thumb claim for compensation. It should be noted, however, that an employer´s duty of care is not “absolute” and, if you damage your thumb in an accident at work which could not have been foreseen, claims for work thumb injuries are unlikely to be have successful resolution.
Reporting Injured Thumb Work Accidents
Although a copy of this report is not sent to the Injuries Board when applying for an assessment of compensation for a thumb injury at work it is important that your injured thumb work accident is recorded in your employer´s “Accident Report Book” as reporting an injured thumb work accident may initiate a Health and Safety Authority (HSA) investigation which could establish your employer´s liability in your claim for damaging a thumb at work.
If liability can be established before making claims for work thumb injuries, it should speed up the Injuries Board process or may enable a solicitor acting on your behalf to negotiate a settlement of workplace injured thumb compensation without the need for witness statements or photographic evidence of your employer´s negligence.
If your broken thumb injury is so severe that you are unable to report your injured thumb work accident – or your employer fails to give you access to the Accident Report Book – you would be well advised in speaking with a solicitor. It may be a lot simpler for a solicitor to generate a report on your behalf, as although injured thumb work accidents can be reported online at the HSA web site, you need an approval code to use the service. Your solicitor could then use it in support of a work injured thumb claim for compensation.
Procedures for Claiming Workplace Injured Thumb Compensation
The most commonly used procedure for claiming workplace injured thumb compensation is to submit an application for assessment to the Injuries Board Ireland. Your application can be completed on a paper form or online, but must be submitted alongside a medical practitioner´s report with details of your thumb injury. Receipts for any costs you have incurred which are directly attributable to your thumb accident at work should also be attached to your application.
The Injuries Board´s role is only to establish how much compensation for a thumb injury at work you are entitled to, and not to identify liability for your thumb injury. The Injuries Board will write to your employer asking for consent to proceed with an assessment of your work injured thumb claim for compensation, and only continue once that consent has been received – effectively when your employer has admitted his liability for the thumb injury you sustained in a workplace accident.
You may have to undergo an independent medical examination to determine the severity of your injured thumb 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” workplace injured thumb compensation. If either your employer denies his consent for the Injuries Board to assess your claim for damaging a thumb at work, or neither party agrees on how much compensation for a thumb injury at work you are entitled to, the Injuries Board will issue you with an authorisation to pursue your claim for damaged thumbs in a work accident via court action.
How Much is a Claim for Damaging a Thumb at Work Worth?
The amount of compensation for a thumb injury at work 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 thumb was damaged. Financial values for broken thumb injuries can be found in the Book of Quantum, but these values only refer to the physical pain and suffering you experienced at the time of your broken thumb injury and not for the “inconvenience of incapacity” that might result from a thumb injury at work.
Claims for work thumb injuries should include compensation for the impact that your broken thumb has on your ability to complete everyday domestic tasks and your inability to participate in leisure pursuits or partake in active activities. There is very little opportunity to account for this “loss of amenity” when making a claim for damaging a thumb at work through the Injuries Board process, and this is an very good reason why you should speak with a solicitor who has experience of making a claim for damaged thumbs in work accident – to ensure you receive your full entitlement to workplace injured thumb compensation.
How much you are claiming for expenses, lost income and any other costs you have incurred due to your broken thumb are then added to the compensation values mentioned above to finalise how much your work injured thumb claim for compensation is worth. You may also be able to recover any legal costs you have incurred in pursuit of your claim for damaging a thumb at work, fares paid to use alternative forms of transport 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 thumb injury.
Do I Need a Solicitor to Claim Compensation for a Thumb Injury at Work?
Despite the fact that you do not need a solicitor in order to make claims for work thumb injuries, it is often in your best interests to do so. Aside from acting as a go-between between yourself and your employer, and dealing with any complications that arise while making a claim for damaged thumbs in a work accident, your solicitor has the experience to ensure you receive your total entitlement to workplace injured thumb compensation – whether your claim for damaging a thumb at work is resolved via the Injuries Board, by negotiation with your employer´s insurers or through court action.
Most solicitors will offer a free evaluation of your work injured thumb claim for compensation if you have sustained a thumb injury in a work accident for which you were not entirely at fault, and can provide you with answers to any questions you may have in regard to your eligibility to claim compensation for a thumb injury at work. As it is in your best interest to have evidence gathered in support of your claim for damaged thumbs in work accident while it is still fresh, you would be advised to speak with a solicitor about the circumstances of your thumb injury in a work accident without delay.